#08-5029 (Better Roads, Inc.)Immokalee Road Shoulder Improvements
Pratt Road to Sanctuary Road
COLLIER COUNTY BID NO. 08 -5029
COLLIER COUNTY, FLORIDA
Design Professional:
Collier County Transportation Engineering
and Construction Management (TECM) Department
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by TECM
and identified as follows: Immokalee Road Shoulder
Improvements - Pratt Road to Sanctuary Road
as shown on Plan Sheets 1 through 10.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Immokalee Road Shoulder Improvements -
Pratt Road to Sanctuary Road
COUNTY BID NO. 08 -5029
Separate sealed bids for the construction of Immokalee Road Shoulder
Improvements Pratt Road to Sanctuary Road, addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 10th day of January 2008, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non - mandatory pre -bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 18th
day of December 2007, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County
Government, Collier County, Immokalee Road Shoulder Improvements Pratt Road
to Sanctuary Road, Bid No. 08 -5029 and Bid Date of January 10, 2008. No bid shall
be considered unless it is made on an unaltered Bid form which is included in the
Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may only be obtained at the Collier County
Purchasing E- Procurement site: www.colliergov.net/bid. Bidding Documents obtained
from sources other than Collier County Purchasing may not be accurate or current.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw -Hill Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5 %) of the total Bid to be retained as liquidated
GC -PN -1
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within ninety (90)
calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 30th day of November 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC -PN -2
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and /or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his /her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
- Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC -I B -1
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC -IB -2
Section 5. Sinning of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC -I B -3
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid
Conference is non - mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
C. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non - responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re- negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
CtMR=
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de- certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
I
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and /or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and /or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC -I B -7
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER- COUNTNE,-FLORIDA - -- - -
Immokalee Road Shoulder Improvements
Pratt Road to Sanctuary Road
BID NO. 08 -5029
Full Name of Bidder Better Roads Inc.
Main Business Address 1910 Seward Ave., Naples, FL 34109
Place of Business 1910 Seward Ave., Naples, FL 34109
Telephone No. 239 -597 -2181 Fax No. 239- 597 -1597
State Contractor's License # CU- c056737
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC -P -1
BID SCHEDULE
Immokalee Road Shoulder Improvements
Pratt-Road toSanetuary Road -
Bid No. 08 -5029
Bid Schedule is available under separate file.
GC -P -2
z
H
Qy
O
w
m
(0
0
m
C
N
0
O
R'
m
rn �
N
N C
m �
o E
# >
p o
m E
m`
L
N
t0
0
E
E
'm
a
Y
(Q
a
z
_ p
c
m
0
a
O
N
a
U
0
0
0
0
0
0
0
0
0
0
0
0
0
LO
O
O
O
O
O
O
N
m
of
W
O
O
N
N
{n
O
ui
Oi
V
O
W
V
((i
m
V'
(O
r
(O
N
w
n
N
r
L6
fA
M
(A
(9
N
O>
N
(A
e3
U3
H
�
f9
fA
EA
E9
fR
{y
Z
Q
Q
O
O
N
O
N
O
O
O
O
N
O
O
N
O
O
O
(p
o
m
(n
m
yr
o
N
(n
(n
(n
(o
F-
m
(O
I�
N
W
u
M
V
U
a
H
z
H
O
O
O
O
Cl)
N
r
00
r
O
O
O
OJ
z
(p
�p
O
m m
V
(D
(D
(O
N
N
jD1
V'
L
Q)
CY
�—
co
0
❑
❑
LL
W
}
}
}
}
}
U
Q
z
J
J
W
w
J
J
U
U
U
U
U
Q
W
Z
z
T
Q
W
U)
Q
❑
x
o
M
U
Q
_
W
D
}
F-
U)
❑
Y
O
oM
U
W
U
z
>
O
t
U
~
F
Z
Y
F-
a
U)
U
U
U)
Lil
z
z
M
w
O
w
O
ro
w
nQ.
m
Q
f�
❑
(�
2
LL
Z
(D
W
~
C7
LU
L
F
z
O
O
m
W
z
W
Q
Q
Z
Q
W
W
W
U)
w
m
O
x
w
w
n
J
U
J
Z
U
m
U
Q
Z
W
w
f-
~
W
w
_
Z
_
W
Y
O
0
-1
(
U
J
w
LL
Q
(n
Y
Fn
z
>
Q
Q
O
Q
Q
x
2
w
w
O
g
Q
Q>
U)
n
w
w
Q
Q
w
w�
r-
0
0
o?
z
rn
M
m
(O D
r
n
a
0
LL7
O
O
O
O
O
N
N
W
M
O
0
N
D )
I�
r
O
N
a
U
MATERIAL MANUFACTURERS
The_ Bidder is required to state - below, material manufacturers it - proposes - ta- utifrze -on--
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON - RESPONSIVE.
MATERIAL MANUFACTURER
1.
Asphalt Better Roads Inc.
2.
3.
4.
5.
Dated January 10, 2008 Better Roads Inc.
Bidder
BY: r�O.�aiir %.J%r
Drew Clark, Vice President
GC -P -3
LIST OF SUBCONTRACTORS
---The--undersigned states-that-the follownng i�c a -ful - and -- complete- Gsi - -of the-- proposed-
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non - compliant or non -
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is
found to be non - compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON - RESPONSIVE. (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.
Category of Work Subcontractor and Address
1. Striping
2.
3.
Ll
5.
Dated January 10, 2008
GC -P -4
Trutwin Industries, Inc.
8031 Mainline Parkway
Ft. Myers, FL 33912
Better Roads Inc.
Bidder
Drew Clark, Vice President
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is-required to_ state below whatwork- of similar magnitude -completed- within - - - the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
M
2.
3.
H
61
91
Project and Location
Golden Cate Parkway
6- Laning
Livingston Rd. Phase I
Radio Rd. to GG Parkway
Livingston Road Phase II
GG Parkway to Pine Ridge Rd.
Livingston Rd. Phase III
Pine Ridge Rd. to Immokalee Rd.
Airport Rd. 6 Laning
CG Parkway to Radio Rd.
Airport Rd. 6 Laning
Cougar Dr. to GG Parkway
Dated January 10, 2008
Reference
Collier County P.W.E.D.
239- 774 -8494
Same as above
Same as above
Same as above
Same as above
Same as above
Better Roads Inc.
Bidder
BY: Le
Drew Clark, Vice President
GC -P -5
TRENCH SAFETY ACT
-Bidder -acknowledges that- eluded -in- the- variousiteans of the,-- in-the T + R•a
Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of
Measure Measure
(Description) L( F.SY)
1.�
2.
3.
4.
5.
Unit Unit Extended
(Quantity) Cost Cost
TOTAL
$ _
Failure to complete the above may result in the Bid being declared non - responsive.
Dated January 10, 2008 Better Roads Inc.
Bidder
BY: z2uew.r le �
Drew Clark, Vice President
GC -P -6
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
dekver-the- Surety Bond- or-Bondsand +nsurance- Certifrcatesas -required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within sixty (60) 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.
Respectfullv Submitted:
State of Florida
County of Collier
Drew Clark, Vice President , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
Drew Clark, Vice President of Better Roads Inc. , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC -P -7
^' (a) Corporation
The. Bidder is- a- corporation organized - and - existing- -under the - laws- of-the- State- of
Florida which operates under the legal name of
Better Roads Inc. and the full names of its
officers are as follows:
President Joe L. Turner
�•P• / Secretary Joseph M. Restino
Treasurer nap; i J- x 14
v -P- / Manager Drew Clark
The vice Presidant is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
June 1, 2000 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co- Partnership
The Bidder is a co- partnership consisting of individual partners whose full names are as
follows:
The co- partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED January 10, 2008
GC -P -8
Florida Corporation
legal entity
/•-
/ k
Witness'
Witness
STATE OF Florida
COUNTY OF Collier
BY: Better Roads Im
Name of Bidder (T
Signature Drew
Vice President
Title
SEAL
The foregoiR9 instrument was acknowledged before me this l *ay of JV
20Q7"Ay bje 0 "�'w Al—� as p
of ,62 2 v , ,a d :2�t. a corporation, on
behalf of the corporation. He /she is personally known to me or has produced
as identification
and did (did not ) take an oath.
My Commission Expires: IP
Notary Public $tale of Florida
Donna DiMare
My goromission 00711581 NAME:
?ar nok' Expires 10 /0512011
(AFFIX OFFICIAL SEAL)
GC -P -9
(Legibly Printed)
Notary Public, State of
Commission No.: 61)
CERTIFICATION OF THE SPECLAL viEETING OF THE DIRECTORS
HELD ON THE Is-' DAY OF TUNE, 2000
I hereby certify that the Directors of BETTER ROADS ItiC,, a Florida Corporation (the
"Corporation -), pursuant to the Articles of Incorporation and the by -laws of said Corporation,
approved of the following Resolution: _
Be it resolved that, Joe L. Turner, President, Joseph Ni. Restino, Vice President, John A. Clark,
Vice President; be authorized to sign construction Proposals and contracts by action of its Board
of Directors taken June 1, 2000 on behalf of BETTER ROADS INC.
\ ....111114111// / /.'' '
SEAL
(Nr-p; o
BETTE'k 6 \ADS LNC., a Florida
Corporation
C
Joseph D. Boaness, III
Chief Executive Officer
retary
KNOW ALL MEN BY THESE PRESENTS, that we Better Roads Inc.
(herein after called the Principal) and
Fidelity and Deposit Company of Maryland
(herein called the Surety), a corporation chartered and existing under the laws of the
State of rm with its principal offices in the city of Schaumburg IL
and authorized to do business in the State of Florida are held and
firmly bound unto the Board of County Commissioners of Collier County FL
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Bid dollars ($ 5% amt bd )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Immokalee Road Shoulder Improvements
Pratt Road to Sanctuary Road
Bid No. 08 -5029
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $57 of bid amt 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.
GC -P -10
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 10 day of January, zoos , mil
m
Better Roads Inc.
Drew Clark, Vice President
Fidelity os mpany of Maryland
`k-
Countersigned Florida Resident
Local Resident Producing Agent for Fidelity and Deposit Company of Maryland
GC -P -11
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s l6� nate, constitute and
appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAT e N and Eileen C.
HEARD, all of Tampa, Florida, EACH its true and lawful -in- me, seal and deliver,
for, and on its behalf as surety, and as its act and de a and is, and the execution of such
bonds or undertakings in pursuance of the s i� e i ompany, as fully and amply, to all
intents and purposes, as if the ecut by the regularly elected officers of the Company at
its office in Baltimo th power of attorney revokes that issued on behalf of Richard P.
RUSSO, JR., Tanya N, II, Peter F. PRIOLO, Peter A. THOMSON, Eileen C. HEARD, dated
June 2, 2006. p (�}�
The said Assistant does does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of Julv. A.D.
2007.
ATTEST:
'�o ocvos,`
ao
State of Maryland 1
ity of Balt more f ss.
C
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes Assistant Secretary
By: Q `— _i'1j
M. P. Hammond Vice President
On this 11th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA -F 031 -3055
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee .
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resider
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or tc
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of 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
the Vice - President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
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 FIDELTTY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
�- binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Comp. „
this day of�'j�
e4/)
Assistant Secretary
THIS SHEET MUST BE SIGNED BY VENDOR
- _.__--__..----- --
--- BOARD .OFCOUNTY -- COMMISSIONERS - - - - -- -
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
I. The Bid has been signed.
2.- The Bid prices offered have been reviewed.
3.i The price extensions and totals have been checked.
4. The payment terms have been indicated.
Vl r Any required drawings, descriptive literature, etc. have been included.
6.011 Any delivery information required is included.
If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
-8.,4119 Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<*Bid Number;
<*Project Name;
<*Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified opening date and time. (Otherwise Bid cannot be considered.)
ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Better Roads Inc
Bidder Name
iJILarl-'G�Ikaz
Signature & Title Drew Clark, Vice President
DATE: January 10, 2008
GC -P -12
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
( "Owner ") hereby contracts with Better Roads Inc. ( "Contractor ") of 1910 Seward Ave.,
Naples, Fl. 34109, a Florida corporation, authorized to do business in the State of
Florida, to perform all work ( "Work ") in connection with Immokalee Road Shoulder
Improvements Pratt Road to Sanctuary Road, Bid No. 08 -5029 ( "Project "), as said
Work is set forth in the Plans and Specifications prepared by Collier County's
Transportation Engineering and Construction Management (TECM) Department, the
Engineer and /or Architect of Record ( "Design Professional ") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount "), in
accordance with the terms of this Agreement: two hundred fifteen thousand, six
hundred thirty three dollars, and fifty one cents. ($215,633.51)
161GEWWAdB3
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms. treas .gov /c570 /c570.htmlgcertified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
— A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) calendar days from
the Commencement Date (herein "Contract Time "). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC -CA- 14
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, nine hundred and
ninety four dollars ($994.00) 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 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.
GC -CA- 15
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.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Performance and Payment Bond Forms
Exhibit B:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
Exhibit E:
Change Order Form
Exhibit F:
Certificate of Substantial Completion Form
Exhibit G:
Final Payment Checklist
Exhibit H:
General Terms and Conditions
Exhibit I:
Supplemental Terms and Conditions
Exhibit J:
Technical Specifications
Exhibit K:
Permits
Exhibit L:
Standard Details (if applicable)
Exhibit M:
Plans and Specifications prepared by TECM
and identified as follows: Immokalee Road Shoulder
Improvements Pratt Road to Sanctuary Road
as shown on Plan Sheets 1 through 10.
Exhibit N:
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or
Facsimile, addressed to the following:
Nyankadau Korti, Project Manager /TECM
2885 South Horseshoe Drive
Naples, Florida 34104
GC -CA- 16
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:
Mr. Drew Clark, Vice President
Better Roads Inc.
1910 Seward Ave.
Naples Florida 34109
239 - 597 -2181
Fax: 239- 597 -1597
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
CeTa3�E�ir7
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
GC -CA- 18
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
WITNESSE
By:
FIRST WITNESS
Donna DiMare
Type /Print Name
SECOND WITNES
Amanda Plumble
Type /Print Name
CONTRACTOR:
Better Roads, Inc,.'OKMAS
Type /Print
AL
Date: c2Wc -I c) OWNER:
ATTEST: ;'' BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNT FLORID
Dwlgtl :13reso � kk
r " BY:
e }t is ee }r Tom Henning, Chairman
Applied As Tp Form
and Legal Sufficiency:
Print Name:
Assistant Co ty Attafney
GC -CA- 19
Item # 15 3
Agenda r� Q
Date 8
Date . (
Rec��
Deputy Clerk
FRONT PAGE OF
PUBLIC PAYMENT BOND
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION
255.05(2), Florida Statutes
BOND NO. 8915419
CONTRACTOR: Better Roads Inc.
1910 Seward Ave
Naples, FL 34109
239 -597 -2181
SURETY: Fidelity and Deposit Company of Maryland
1400 American Ln, Tower I
Schaumburg IL 60196
847- 605 -6000
AGENT: Lykes Insurance, Inc.
Construction Services Division
400 North Tampa Street, Suite 2200
Tampa FL 33602
(813) 223 -3911
OBLIGEE: The Board of County Commissioners of Collier County FL
3301 Tamiami Trail
Naples FL 34112
239 - 252 -8999
CONTRACT
BOND AMOUNT: $215,633.51
PROJECT:
Immokalee Road Shoulder Improvements, Contract 08 -5029, Immokalee Road, Naples,
Collier County FL
Pratt Road to Sanctuary Road
EXHIBIT A
PUBLIC PAYMENT BOND
Immokalee Road Shoulder Improvements
Pratt Road to Sanctuary Road
Bond No. 8915419
Contract No. 08 -5029
KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc.
1910 Seward Ave, Naples FL 34109 as Principal,
and Fidelitv and Deposit ComDanv of Marvland , as
Surety, located at 1400 American Ln, Tower 1 Schaumburg IL 60196
(Business Address) are held and firmly bound toThe Board of County Commissioners of Collier
as Obligee in the sum of Two Hundred Fifteen Thousand Six Hundred Thirty- threpounty FL
($ 215,633.51 ) for the payment whereof we bind ourselves, our heirs, executorsgnd 51/100
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
2008 xU@7, with Obligee for Immokalee Road Shoulder Improvements
jM Pratt Road to Sanctuary R�ccordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of February, 200830W the name of each party being affixed and these presents
duly signed by its under - signed representative, pursuant to authority of its governing
body.
GC- CA -A -1
Bond No. 8915419
Immokalee Rd Shoulder Improvement
Signed, sealed and delivered
in the presence of:
z
as to
STATE OF Florida
COUNTY OF Collier
BY:
NAME:
ITS:
PRINCIPAL
Inc
°fir,
SEAL
The foregoing instrument was acknowledged before me this 19thday of February
2008 , by Drew Clark , as Vice President of
Better Roads Inc a Florida 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: 2 -5 -11
a Notary Public Stale of Florida Dona D�nAare NAME
My OMm�"lon DD711581 FV -10510 /05/2011
(AFFIX OFFICIAL SEAL)
ATTEST:
N/A
Witnesses to Surety
GC- CA -A -2
(Signature of Notary)
Donna DiMare
(Legibly Printed)
Notary Public, State of Florida
Commission No.: DD711581
SURETY:
Fidelity and Deposit Company of
(Printed Name) Maryland
1400 American Ln, tower 1
Schaumburg IL 60196
(Business Address
N/A
(Authorized Signature)
(Printed Name)
Bond N0. 8915419
Witnesses
STATE OF Florida
COUNTY OF Hillsborough
.ents
OR
As Attorney in Fact and Florida Resident
(Attach Power of Attorney) Agent
Eileen C. Heard
(Printed Name)
Lykes Insurance, Inc.
400 N Tampa St #2200
Tampa FL 33602
(Business Address)
(813) 223 -3911
(Telephone Number)
The foregoing instrument was acknowledged before me this 15th day of
February, 2008 , aQa7c, by Eileen r'_ Heard , as
Attorney -in -fact & FL Res.AQentof Fidelity and Deposit Company of Maryland
Surety, on behalf of Surety. He /She is personal) wn to me OR has produced
known s identif tion and who did (did not)
take an oath. ,
My Commission Expires:
(Signature) PET P�bl�c, State of Florida
Notary 15
Dec. , 2011
Name: MY comm. exp. DD .15510
(Legibly Printed) comm.
OFFICIAL SEAL) Notary Public, State of:
Commission No.:
EXHIBIT A
PUBLIC PERFORMANCE BOND
Immokalee Road Shoulder Improvements
Pratt Road to Sanctuary Road
Bond No. 8915419
Contract No. 08 -5029
KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc.
of Naples FL as Principal, and Fidelity and Deposit Company
of Maryland as Surety, located at
1400 American Ln, Tower 1, Schaumburg IL 60196
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County, as Oblioee in the sum of
Two Hundred Thirteen Thousand Six Hundred Thirty -three and 51 /1UU Dollars
($215,633.51 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
2008 , x1aQi, with Obligee for
Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC- CA -A -4
Bond No. 8915419
Immokalee Rd Shoulder Improvements
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
day of February, 2008 i24pp$c the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body. `\tquuuuqu�
Signed, sealed and delivered
STATE OF Florida
COUNTY OF Collier
PRINCIPAL SPAR4.;-
Better Roads Inc. = or, A T
W
NAME: Drew Clark
ITS: Vice President
The foregoing instrument was acknowledged before me this 19th day of
February , 200A8by Drew Clark as
Vice President of Better Roads Inc. a
Florida corporation, on behalf of the corporation. He /she is
personally know OR has produced r
as identification and di (did not ) take an oa `.
My Commission Expires: 2- 5 -11��
(Si ature)
�J'°'T °4� �+a$ry P4tllc Stale of Florida
Donne �IiVtary
MvComrnissionoo7lJSa+ Name: Donna DiMare
o;,,ld' Expires iom5i2 °11 (Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: Florida
Commission No.: DD711581
GC-CA-A-5
Bond No. 8915419
Immokalee Road Shoulder Improvements
ATTEST:
N/A
Witnesses as to Surety
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American T.n Tower 1
Schaumburg IL 60196
(Business Address)
N/A
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact and Florida Resident Agent
(Attach Power of Attorney)
Eileen C. Heard
(Printed Name)
Lykes Insurance, Inc.
400 N Tampa St 112200
Tampa FL 33602
(Business Address)
813 223 -3911
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me this 15th day of
February, 2008 ,x�W,by Eileen C. Hea as Attorney -in -fact & FL Resident
Of Fidelity and Deposit Company o€ Surety, on Agent
behalf of Surety. He /She is p6rsonally kn w to me OR has produced
known __ as identificatio d who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Name:
GC- CA -A -6
(Legibly Printed)
Notary Public, State of:
Commission No.:
—rtj R A. THOMSON
Notary Public, State of Florida'
My comm. exp. Dec. 15, 2011
— Comm. No. DD 738410
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in
pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s l6� nate, constitute and
appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAMP e N and Eileen C.
HEARD, all of Tampa, Florida, EACH its true and lawful n- ute, seal and deliver,
for, and on its behalf as surety, and as its act and de a and s, and the execution of such
bonds or undertakings in pursuance of e s� e i .ompany, as fully and amply, to all
intents and purposes, as if the ecut by the regularly elected officers of the Company at
its office in Baltimo th ' n ° power of attorney revokes that issued on behalf of Richard P.
RUSSO, JR., Tanya N, II, Peter F. PRIOLO, Peter A. THOMSON, Eileen C. HEARD, dated
June 2, 2006. (�' °N
The said Assistant 3r Ay does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of July, A.D.
2007.
ATTEST:
'eo ocvosr.
± n1!
State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Eric D. Barnes Assistant Secretary
By: Q ` "".,""L� j
M. P. Hammond Vice President
On this 11th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
.�,n yen,••`•
POA -F 031 -3055
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
MARSH
NUMBER
CERTIFICATE OF INSURANCE
ACERTIFICATE
TL -00136186001
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
Marsh
3031 N. Rock Point Drive, Suite 700
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Tampa, FL 33607
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
101266- -07 -08
A CONTINENTAL CASUALTY COMPANY
INSURED
I COMPANY
BETTER ROADS, INC.
B PENNSYLVANIA MANUFACTURERS ASSOC. INS. CO.
_ -_ -- — -- -- -- _- —
1910 SEWARD AVENUE
—_ -- __ - -- -
NAPLES, FL 34109
COMPANY
C
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN
HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
IS SUBJECT TO ALL THE TERMS. CONDI TONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TYPE OF INSURANCE POLICY NUMBER
DATE (MMIDDIYY) DATE (MNIIDDIVV)
LTR
A
GENERAL LIABILITY GL 2057352432
05/15/07 ;06/01/08
GENERAL AGGREGATE :$
2,000,000
f XI COMMERCIAL GENERAL LIABILITY''/
/PRODUCTS- COMPIOPAGG Ls
1
2.000000
CLAIMS MADE X] OCCUR
PERSONAL 8 ADV INJURY
-
$ 750,000
- - - - --
I
OWNER'S B CONTRACTOR'S PROT
EACH OCCURRENCE
_$ 750,000_
rJ
X $2S(LGM__. _.— _ __—
FIRE DAMAGE one fire)
_s 500 ,000
- - -
DIED EXP (Any one person)
$ 5,000
A
AUTOMOBILE LIABILITY BUA2057353421
05/15/07 ,06/01/08 COMBINED SINGLE LIMIT $ 1,750.000
X ANY AUTO
__ -- - __ —
ALL OWNED AUTOS
BODILY INJURY $
(Per person)
SCHEDULED AUTOS
- - -- — -
_
X HIRED AUTOS
BODILY INJURY $
(Per accident)
X NON- OWNEDAUTOS
F — - -- - - - --
ff X /SIR:$250,000
PROPERTY DAMAGE Is
GARAGE LIABILITY
$
ANY AUTO
OTHER THAN AUTOONLY
OTHER THANA AUTO ONLY
DENT
AGGREGATE 1 $
A EXCESS LIABILITY LZO84709476
05/15/07 /06/01/08 EACH OCCURRENCE
-
$ -. 5,000,000
-
AGGREGATE
5,010 000
X FORM
1105115/07
$ 10,000
OTHER THAN UMBR5LIAFORM
OTHER THAN
RETAINED LIMIT
TAIND LI
B WORKERS COMPENSATION AND 200775- 03- 49 -24 -1
W TAU TH-
05/15/08 ER,$
I$ 1,000,000
LOYERS' LIABILITY
. EMPLOYERS'
EACH ACCIDENT
THE PROPRIETOR/ INCL
IEL
IEL DISEASEPOLICY LIMIT
$ 1,000,000
I PARTNERS/EXECUTIVE —I
EL DISEASE- EACH EMPLOYEEEE'$
1,000,000
OFFICERS ARE'. EXCL
A OTHER AUTO PHYSICAL IBUA2057350941
05/15/07 06/01108 COMP DEDUCTIBLE
COLLISION DEDUCTIBLE 5,000
DAMAGE
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: Contract #08 -5029 Immokalee Road Shoulder Improvements -Pratt Road to Sanctuary Road.
Collier County BOCC is included as Additional Insured where required by written contract and allowed by law.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL In DAYS WRITTEN NOTICE TO THE
Collier County BOCC
CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
3301 E. Tamlami Trail
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
Naples, FL 34112
ISSUER OF THIS CERTIFICATE.
AUTHORIZED REPRESENTATIVE
Marsh USA Inc.!L._.. - C�- �+"•- �/- -.. -_
BY: Erica Connick
MM1(3102) VALID AS OF:02/19/08
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements 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 coverages, 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.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and /or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverages 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.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
10Ti36701.15
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner 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 Owner 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.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self -
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self- insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ® Yes ❑ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
-- not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC- CA -B -2
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
❑ Applicable ® Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
❑ Applicable ® Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ® Yes ❑ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
X General Aggregate $5,000,000
Products /Completed Operations Aggregate $5,000,000
Personal and Advertising Injury $5,000,000
Each Occurrence $5,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
15) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC- CA -B -3
[:]Applicable ®Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
❑ Applicable ® Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub - subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all -risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub - subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC- CA -B -4
_ rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? ® Yes ❑ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non -owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC- CA -B -5
Co er County
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
TYPE
LIMITS Check
X
Workers' Compensation
Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X
Employer's Liability
$500,000
X
$1,000,000
Protection and Indemnit
$1,000,000 including Crew
$2,000,000 Including Crew
USL &H
Statutory Limits
X
Commercial General
$2,000,000 per occurrence
X
$5,000,000 per occurrence
Liability (Occurrence Form)
bodily injury and property
bodily injury and property
patterned after the current
damage
damage
ISO form with no limiting
endorsements.
X
Business Automobile
$1,000,000 per occurrence
X
$2,000,000 per occurrence
Insurance
bodily injury and property
bodily injury and property
damage
damage
Pollution Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
X
Builders Risk Insurance
OWNER Will Purchase-Replacement Cost- All Risks of Loss
Professional Liability
$1,000,000 per occurrence
T$2,000, 000 per occurrence
Insurance
$1,000,000 aggregate
$2,000,000 aggregate
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/
Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and /or Airport Liability where required.
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared _
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
( "Contractor ") releases and waives for itself and it's subcontractors,
material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 1 2007 for the period from
to excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No.
CONTRACTOR
BY:
ITS
DATE:
Witnesses
STATE OF
COUNTY OF
resident
The foregoing instrument was acknowledged before me this day of 2007, by
, as of , a
corporation, on behalf of the corporation. He /she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
— (AFFIX OFFICIAL SEAL)
NAME:
GC- CA -C -1
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
Bid No. _
Project No.
Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date]
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued
Original Contract Price:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less Retainage
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE: _
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
° By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC- CA -D -1
N
Q
U
U
Y'
w
p
J
Q
W
E
U
O
Q
=
N
W
@
-
N
F-
Z
�
A
W
3
R
0-3
W
O
O
@
(7
QQ
U
l6
~
W
O
C_
N
@
W
2
N
@
@
@
J
LL
@
a
N
Q
N
U
C
N_
W
@
N
Z
W
W
d
9
I
J
W
a
L
U
O
W
LL l
U
Q
W
Q
0
0
ca
ocoo
@E
F-
to
tl
otl
_!
c
—_
J
i'C
—
❑
Q
W
10
3
N
Q
E
O
m
i
a
—
ca
`
V%
2
C
U
~.
j
d
Q
d
o
a
LL,
w
z
a
olv
LL
o
a
@
O
i
p
@°
J
U
Q
v
W
N
Z
3@
ID
J
y
N@
U
a
oa
3
c
co
gm
L
N
W
w
C
a
~
F
U
o
O
y
C
@
W
O
L
-
@
>
V
Q
a
N
N
N
N
3
t
@
0
O
c
0
Q
o
c
m
@
Z
3
E
o
N
@
a
c
E
@
t
N
W
J
Q
U
O
N
U
a
O
S
@
N
p
O
N
O
U
�
m
m
?
m
m
s
w
w
-
m
�
al
z
w�3
LU
N
Q
U
U
Y'
W
II
U
m
Q
N
E
`O
LL
v
O
V
01
N
A
w
A
v
v
y
a
C
C
O
U_
O
L
X
W
0
U
U
U'
0
N
W
C
N c
A
m
L
'O O
d �
❑;a
o_
C N
— L
F-
>
c
a —
a
d
'm
00
a
m
p.' L
F
3 j
> V
01 2
a`�
m '-
u m
O
c Z
d
to
c
0
Y
CL
.`
V
N
01
N
w
Of
❑
0
U
U
U'
TO:
Project Name:
Bid No. :
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Change Order No.: Date:
Change Order Description
Original Agreement Amount ............................. ..............................$
Sum of previous Change Orders Amount ......... ..............................$
This Change Order Amount ............................. ..............................$
Revised Agreement Amount ............................ ............................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Date:
Director
(For use by Owner: Fund Cost Center:
Number: )
GC- CA -E -5
Object Code:
Project
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
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
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC- CA -F -1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
0
Design Professional
Type Name and Title
2007
CONTRACTOR accepts this Certificate of Substantial Completion on 2007
0
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 12007
M
OWNER
Type Name and
GC- CA -F -2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date: _
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
2007
All Punch List items completed on
Warranties and Guarantees assigned to Owner (attach to this form).
Effective date of General one year warranty from Contractor is:
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
As -Built drawings obtained and dated:
Owner personnel trained on system and equipment operation.
Certificate of Occupancy No.:
issued on (attach to this form).
Certificate of Substantial Completion issued on
Final Payment Application and Affidavits received from Contractor on:
Consent of Surety received on
Operating Department personnel notified Project is in operating phase
All Spare Parts or Special Tools provided to Owner:
Finished Floor Elevation Certificate provided to Owner:
Other:
If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
By Owner:
GC- CA -G -1
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC- CA -H -1
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.
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.
GC- CA -H -2
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. Any lane closures must be consistent with the County's ordinance. 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.
GC- CA -H -3
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 six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re- submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly
payment request or ten percent (10 %) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC- CA -H -4
4.7 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.
4.8 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.
4.9 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.
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.
GC- CA -H -5
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.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
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
GC- CA -H -6
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC- CA -H -7
8. DAILY REPORTS, AS- BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub - Contractor's
personnel;
8.1.4 The number of Contractor's and Sub - Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
GC- CA -H -8
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As- Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As- Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material -men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
+ work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
_., extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
GC- CA -H -9
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 Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10 %) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all
Subcontractors' and sub - subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15 %). All compensation due Contractor and any Subcontractor or
GC- CA -H -10
sub - subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub - Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty -eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
GC- CA -H -11
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, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
GC- CA -H -12
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
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.
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
GC- CA -H -13
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
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)
GC- CA -H -14
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re- letting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
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
GC- CA -H -15
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
_. Manager 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
GC- CA -H -16
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch -list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
GC- CA -H -17
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection
fees and costs; to the extent such re- inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
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
GC- CA -H -18
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non -
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and /or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
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
GC- CA -H -19
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
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
GC- CA -H -20
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.13, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
any one for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re- establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
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
GC- CA -H -21
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and /or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
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.
GC- CA -H -22
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees "), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
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.
L910MY-116MUIPAI
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre- construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre- construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion /termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right -of -Way, the Contractor
- shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and /or Purchasing
Departments, and is available on -line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ( "MOT') policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX 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. 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:
GC- CA -H -24
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
A - Also IM
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self - performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub - subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner 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,
GC- CA -H -26
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub - subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
Subcontracts and Purchase Orders
34.1.2
Subcontractor Licenses
34.1 .3
Shop Drawing Submittal /Approval Logs
34.1.4
Equipment Purchase /Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
GC- CA -H -27
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost - Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As- Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMTS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, 'Board ", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing 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.
GC- CA -H -28
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.
GC- CA -H -29
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The following terms and conditions supersede any terms and conditions under
the General Conditions of this contract and /or policy and guidelines of Collier
County Government for the purpose of this engagement only.
2. Audit Reports
(49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Regulations)
In the event that a recipient expends $500,000 or more in federal awards in
its fiscal year, the recipient must have a single or program specific audit
conducted in accordance with the United States Office of Management and
Budget (OMB) Circular A -133.
If the recipient expends less than $500,000 in federal awards during its fiscal
year, an audit conducted in accordance with the OMB Circular A -133 is not
required. If a recipient expends less than $500,000 in federal awards during its
fiscal year and elects to have an audit conducted in accordance with OMB
Circular A -133, the cost of the audit must be paid from non - federal funds.
Reporting Packages and management letters generated from audits
conducted in accordance with OMB Circular A -133 shall be submitted to the
awarding FDOT office, by the recipient within 30 days of receiving it. The
aforementioned items are to be received by the appropriate FDOT office no later
than 9 months after the end of the recipient's fiscal year.
3. Bonding and Prequalification
(35 7 -13 8 -7.1 and 2 -5.1 Florida Department of Transportation
Guidelines)
Prequalification of Bidders
Except as noted below, pre - qualify with the Department to be eligible to bid.
The Department publishes regulations covering prequalification of bidders under
separate cover. The Department does not require the Contractor to be pre -
qualified if bidding contracts of $250,000 or less or if constructing buildings.
For contracts exceeding $250,000 amount, file an application for qualification
on forms furnished by the Department, giving detailed information with respect to
financial resources, equipment, past record, personnel, and experience. For
qualified applicants, the Department will issue a certificate fixing the types of
work and the aggregate amount of work that the Department allows the pre -
qualified bidder to have under contract at any one time. However for projects
that exceed $250,000 and on the National Highway System or State Highway
System, the contractor must be FDOT pre - qualified.
Revised 2/21/07 [_1
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit the following:
(a) A bid on a contract to provide any goods or
services to a public entity.
(b) A bid on a contract with a public entity for the construction or repair,of
a public building or public work.
(c) Bids on leases of real property to a public entity.
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.0 17 F.S, for Category Two. All
restrictions apply for a period of 36 months from the date of placement on the
convicted vendor list.
All pre - qualified Contractors bidding on any Contract must include with their
bid proposal a copy of their Certification of Current Capacity (Form 375 - 020 -22
and Status of Contract On Hand (Form 375 - 030 -21).
Guaranty to Accompany Proposals
The Department will not consider any proposal unless it is accompanied by a
proposal guaranty of the character and amount indicated in the Advertisement,
and unless it is made payable to the Florida Department of Transportation.
Submit proposals with the understanding that the successful bidder shall furnish
a Contract Bond pursuant to the requirements of 3 -5.
Contract Bond Required
General Requirements of the Bond: Upon award, furnish to the Department,
and maintain in effect throughout the life of the Contract, an acceptable surety
bond in a sum at least equal to the amount of the Contract. Execute such bond
on the form furnished by the Department. Obtain a surety that has a resident
agent in the State of Florida, meets all of the requirements of the laws of Florida
and the regulations of the Department, and has the Department's approval.
Ensure that the surety's resident agent's name, address, and telephone number
is clearly stated on the face of the Contract Bond.
On contracts of $150,000 or less, the Department may waive the requirement
for all or a portion of a surety bond if it determines that the project is of a non-
critical nature and nonperformance will not endanger the public health, safety, or
property. The Department may require alternate means of security it if waives the
requirement for a surety bond.
Continued Acceptability of Surety: Provide a surety bond that remains
acceptable to the Department throughout the life of the Contract. In the event that
the surety executing the bond, although acceptable to the Department at the time
of execution of the Contract, subsequently becomes insolvent or bankrupt, or
becomes unreliable or otherwise unsatisfactory then the Department any require
Revised 2/21/07 1 -2
that the Contractor immediately replace the surety bond with a similar bond
drawn on a surety company that is reliable and acceptable to the Department. In
such an event, the Department will bear all costs of the premium for the new
bond, after deducting any amounts that are returned to the Contractor from his
payment of premium on the original bond.
Default by Contractor. In case of default on the part of the Contractor, the
Department will charge against the bond all expenses for services incidental to
ascertaining and collecting losses under the bond, including accounting,
engineering, and legal services, together with any and all costs incurred in
connection with renegotiation of the Contract.
Surety to Furnish Legal Defense: The surety company shall indemnify and
provide dense for the Department when called upon to do so for all claims or
suits against the Department arising out of the Contract. It is expressly
understood that the monetary limitation on the extent of the indemnification shall
be the approved Contract amount, which amount shall be original contract
amount as may be increased by subsequent Supplemental Agreements.
Liability for Wrongful or Criminal Act by Contractor: The principal and surety
executing the bond shall be liable to the State in any civil action that might be
instituted by the Department or any officer of the State authorized in such cases,
for double any amount in money or property the State might lose, or be
overcharged or otherwise be defrauded of by any wrongful or criminal act of the
Contractor, his agent or his employees.
Execution of Contract and Bond
Within 20 days after Contract award, execute the necessary agreements to
enter into a contract with the Department and return the agreement along with a
satisfactory surety bond and documentation evidencing all insurance required by
7 -13 to the Department's Contract Office that awarded the Contract. For each
calendar day that the successful bidder is late in delivering to the Department's
Contract Office all required documents in properly executed form, the
Department will deduct one day from the Allowable Contract Time as specified in
8 -7.1. The Department will not be bound by any proposal until it executes the
associated Contract. The Department will execute the Contract and bond in the
manner stipulated in 2 -5.1.
The Department will execute the Contract within 15 days after receipt of the
necessary agreements and bond from the Contractor.
Failure by Contractor to Execute Contract and Furnish Bond
In the event that the bidder fails to execute the awarded Contract, and to file
an acceptable bond, as prescribed in 3 -5 and 3 -6, within 20 days of Contract
award, the Department may annul the award, causing the bidder to forfeit the
proposal guaranty to the Department; not as a penalty but in liquidations of
damages, sustained. The Department may then award the Contract to the next
lowest responsible bidder, re- advertise, or accomplish the work using day labor.
Revised 2/21/07 I -3
4. Buy America and Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines)
Source of Supply Steel (Federal -Aid Contracts Only): For Federal -aid
Contracts, only use steel and iron produced in the Untied States, in accordance
with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all
manufacturing processes for this material occur in the United States. As used in
this specification, a manufacturing process is any process that modifies the
chemical content, physical shape or size, or final finish of a product beginning
with the initial melding and mixing and continuing through the bending and
coasting stages. A manufactured steel or iron product is complete only when all
grinding, drilling, welding, finishing and coating have been completed. If a
domestic product is taken outside the Untied States for any process, it becomes
foreign source material. When using steel and iron as a component of any
manufactured product incorporated into the project (e.g., concrete pipe, pres-
stressed beams, corrugated steel pipe, etc.), these same provisions apply,
except that the manufacturer may use minimal quantities of foreign steel and iron
when the cost of such foreign materials does not exceed 0.1% of the total
Contract amount or $2500, which ever is greater. These requirements are
applicable to all steel and iron materials incorporated into the finished work, but
are not applicable to steel and iron items that the Contractor uses but does not
incorporated into the finished work. Provide a certification from the producer of
steel or iron, or any product containing steel or iron as a component, stating that
all steel or iron furnished or incorporated into the furnished product was
manufactured in die Untied States in accordance with the requirements of this
specification and the Buy America provisions of 23 CFR 635.410, as amended.
Such certification shall also include (1) a statement that the product entirely
within the United States, or (2) a statement that the product was produced within
the United States except for minimal quantities of foreign steel and iron valued at
$(actual value). Furnish each such certification to the Engineer prior to
incorporating the material into the project. When FHWA allows the use of foreign
steel on a project, furnish invoices to document the cost of such material, and
obtain the Engineer's written approval prior to incorporating the material into the
project.
5. Change Orders
See Exhibit H, General Terms and Conditions, Section 10. Changes in
..............
the Work, Article, 10.2 Change Order, Collier County Contract — See
6. Claims
See Exhibit H, General Terms and Conditions, Section 11. Claims and
Disputes, Collier County Contract — See attached contract pageIGC =CA-
H, -11 highlighted=
Revised 2/21/07 1-4
7. Contractor Purchased Equipment for State or Local Ownership
Provision excluded from this contract.
8. Debarment and Suspension
(Collier County Purchasing Policy)
The Board shall grant authority to County staff to suspend and /or debar
vendors, contractors, consultants and other interested and affected persons from
active participation in obtaining County contracts. The purpose of any such
action shall be to protect the County's interests and the integrity of the County's
contracting process. The suspension and debarment processes shall be
considered to be separate from and in addition to the award evaluation and
vendor performance evaluation processes authorized elsewhere in this policy.
Definition of Terms: For the purposes of this section, the following terms have
been defined as follows:
Affiliate refers to associated business entities or individuals that control or
could control the contractor or are controlled by the contractor or could be
controlled by the contractor.
Civil Judgment refers to a judgment or finding of a civil offense by any court
of competent jurisdiction.
Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct
business, with the County as an agent, surety, representative or subcontractor
of another contractor.
For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor ".
Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of no to
contendere.
Revised 2/21/07 1 -5
Debarment means action taken by the County to exclude a contractor from
County contracting and County- approved subcontracting for a reasonable,
specified period as provided herein.
Preponderance of the Evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this section.
Suspension refers to action taken by the Purchasing /General Services
Director (hereinafter referred to as "the PGS Director') to temporarily disqualify a
contractor from County contracting or County- approved subcontracting.
Suspension: The Purchasing /General Services Director shall have the authority
to suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth
under Section XXXIX. If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period. The suspension
period shall not exceed three months without the approval of the County
Manager. A decision to suspend by the Purchasing /General Services Director
shall be considered final and conclusive with no right of appeal.
Debarment: Causes for Debarment: The prospective causes for debarment
include one or more of the following:
a. Conviction for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen
property, or any other offense indicating a lack of business integrity or
business honesty which currently, seriously and directly affects
responsibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to
be serious and to warrant debarment, including the failure, without good
cause, to perform in accordance with the terms, conditions, specifications,
scope, schedule or any other provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
Revised 2/21/07 I -6
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
g. Presence of principals or corporate officers in the business of concern,
who were principals within another business at the time when the other
business was suspended or debarred within the last three years under the
provisions of this section.
h. Violation of the ethical standards set forth under applicable state or
county laws.
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to
materially affect the qualifications or integrity of the contractor.
Debarment Procedure:
a. The county department requesting the debarment action shall
submit to the PGS Director a written complaint setting forth the reason(s)
for seeking debarment and shall identify a recommended debarment
period.
b. The PGS Director shall review the complaint, verify whether it is
compliant with the provision of this policy, direct any appropriate changes
and forward the complaint to the contractor.
C. The contractor shall review the complaint and shall provide a
written response (with supporting documentation) to each al legation. The
response shall be provided to the PGS Director within 10 (ten) business
days of receipt of the allegations submittal. In the event that the
contractor fails to respond to the complaint within the prescribed time
period, the complaint, as forwarded to the contractor, shall become an
effective debarment decision without further appeal.
d. In the event that the contractor files a timely and complete
response to the complaint and the debarment action is based upon a
conviction, judgment or other event(s) where there is no significant dispute
over material facts, the PGS Director shall determine the period of
debarment on the basis of the undisputed material information set forth or
referenced in the complaint, the contractor's reply and the parameters set
forth in this section. In the event that the Contractor objects to the PGS
Director's decision, the Contractor shall have a maximum of three
business days to file an appeal of the debarment decision with the PGS
Director. The appeal will be forwarded to and considered by the County
Manager (or his designee), who will review the debarment record
compiled by the initiating department and the contractor. Should the
County Manager overturn the PGS Director's decision; the County
Manager shall formally cite the reasons for doing so.
Revised 2/21/07 I -7
e. In the event that the contractor files a timely and complete reply to
the complaint and where the facts are in dispute, the Purchasing
Department will convene a debarment committee (hereinafter referred to
as "the committee') consisting of at least three individuals who will review
the complaint and the contractor's reply. The County Manager or his
designee shall formally appoint the committee, which will generally consist
of county employees, none of whom shall be a member of the department
initiating the complaint. At the discretion of the County Manager, a
member from private industry with a particular area of relevant expertise
may be appointed to the committee, provided that this member is not a
direct or indirect competitor of the firm in question. The Office of the
County Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee,
but shall be available to provide legal counsel to the committee as
necessary. All members appointed to serve on the debarment committee
shall disclose, to the PGS Director, or his designee, any actual or
prospective conflicts of interest at the time of appointment or at the time in
which the member becomes aware of the actual or prospective conflict.
f. The PGS Director, or his designee, shall chair the committee and
serve as the Purchasing Department's representative to the committee.
The Purchasing representative shall preside over and facilitate the
deliberations of the committee as a non - voting member and serve as the
County's liaison to the Contractor in the debarment process. All voting
committee members are prohibited from having any communication
regarding the debarment issue outside the committee deliberations with
any of the parties involved in the specific debarment or their
representatives until after the committee decision has been issued or, in
the event of an appeal of that decision by the Contractor, until the
conclusion of the appeal process. All committee deliberations are subject
to Section 286.011 F.S.
g. Where the material facts are in dispute, the committee shall
evaluate the evidence, judge the credibility of witnesses and base its
decision upon the preponderance of the evidence. Should the contractor
fail to appear at the debarment hearing, the contractor shall be presumed
to be unqualified and or non - responsive and shall be subject to
debarment. The committee decision shall be by a majority vote of those
voting members in attendance. The committee shall be the sole trier of
fact. In the event that the committee decides to impose debarment, the
debarment decision will formally include, but not be strictly limited to the
following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration
dates.
Revised 2/21/07 I -8
The committee's decision shall be issued in writing within 20
business days of the conclusion of the hearing unless the committee
extends this period for good cause.
h. The PGS Director shall forward the committee's decision to the
contractor and affiliates involved. Should the contractor object to the
committee's decision, the contractor shall have a maximum of three
business days to file an appeal of the debarment decision with the PGS
Director. The appeal will be forwarded to and considered by the County
Manager (or his designee), who will review the debarment record
compiled by the initiating department, the contractor and the committee.
Should the County Manager overturn the committee's decision; the County
Manager shall formally cite the reasons for doing so.
Debarment Period:
a. At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shall be the debarment period
exceed five years without the approval of the Board.
b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written request
from the contractor to do so, based on one or more of the following
reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment
or other action upon which the debarment
was based;
3. Bona fide change in ownership or
management;
4. Elimination of other causes for which the debarment was
imposed; or
5. Other reasons that the committee might
deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
c. The decision of the committee regarding a reduction of the
debarment period is final and not subject to appeal.
The Effects of Debarment:
Revised 2/21/07 1 -9
a. Debarred contractors are excluded from receiving County
contracts. Departments shall not solicit offers from, award
contracts to, or consent to subcontractors with debarred
contractors, unless the County Manager or his designee
determines that emergency or single source conditions exist and
grants written approval for such actions. Debarred contractors are
excluded from conducting business with the County as agents,
representatives, subcontractors or partners of other contractors.
b. The Purchasing Department shall notify all Board
departments of the final debarment decision and the effects of that
decision with regard to conducting business with the debarred
entity(ies) during the debarment period.
Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the
duration of current contracts with debarred contractors in place at
the time of the debarment unless the PGS Director or his designee
determines that it is in the best interests of the County to allow the
contractor to continue or finish the work within an additional, limited
period of time.
b. Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may
permit completion of an open contract(s) provided that the debarred
contractor has performed in a satisfactory manner to date under the
open contract(s) unless otherwise directed by the PGS Director.
Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor
for any subcontract subject to County approval, the department
shall not consent to subcontracts with such contractors unless the
County Manager or his designee determines that emergency or
single source conditions exist, thus justifying such consent and
approves such decision.
b. The County shall not be responsible for any increases in
contract costs or other expenses incurred by a contractor as a
result of rejection of proposed subcontractors pursuant to
subsection 6.a provided that the subcontractor was debarred prior
to the submission of the applicable bid or proposal offer.
Revised 2/21/07 I -10
The Scope of Debarment:
Debarment applies to all officers, principals, directors, partners, qualifiers,
divisions or other organizational elements of the debarred contractor, unless the
debarment decision is limited by its terms to specific divisions, organizational
elements or commodity /services. The committee's decision includes any existing
affiliates of the contractor if they are specifically named and are given written
notice of the proposed debarment and an opportunity to respond. Future
affiliates of the contractor are subject to the pre- existing terms of the committee's
decision.
EXHIBIT "P"
DECLARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County
Purchasing Policy, (known as "Debarment and Suspension ") shall sign the
appropriate declaration under this exhibit. In doing so, the undersigned hereby
declares that:
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested
or affected party as defined under Section XXIX of the Collier County
Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public
entity within the last five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact
upon which reliance was placed when this submission was entered and
evaluated. Further, should it subsequently be determined that the
signatory knowingly or unknowingly rendered an erroneous declaration;
the County shall reserve the right to reject the bid offer associated with
this declaration and /or suspend /debar the bidder /signatory.
4. They shall provide immediate written notice to the person to whom this
proposal is submitted if at any time they learn that its declaration was
erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity
who is debarred, suspended, declared ineligible, or voluntarily excluded
Revised 2/21/07 I -I1
from participation in this agreement, unless otherwise authorized by the
Collier County Purchasing /General Services Director.
The bidder shall sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A) I hereby declare that my firm nor its principals is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any public agency.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s) Date
(B) I am unable to declare that my firm is in compliance with one or more
statements contained within this declaration and I shall attach an
explanation for determination by the Collier County Purchasing Director.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s) Date
9. Disadvantaged Business Enterprises
(Florida Department of Transportation Guidelines)
Disadvantaged Business Enterprise Program:
General: Prior to award of the Contract, have an approved DBE Affirmative
Action Program Plan filed with the Equal Opportunity Office. Update and
resubmit the plan every three (3) years. No Contract will be awarded until the
Department approves the Plan. The DBE Affirmative Action Program Plan and
commitment to carry out the Plan must be incorporated into and become a part of
the awarded Contract. Failure to keep these commitments will be deemed
noncompliance with these Specifications and a breach of the Contract. Take all
Revised 2 /21/07 I -12
necessary and reasonable steps to ensure that FDOT Certified Disadvantaged
Business Enterprises, as defined in 40 CFR Part 26 and DOT Rule Chapter 14-
78, have the opportunity to participate in, compete for and perform subcontracts.
Do not discriminate on the basis of age, race, color, religion, national origin, sex
or disability in the award and performance of DOT assisted Contracts.
Plan Requirements: Include the following in the DBE Affirmative Action
Program Plan:
(a) A policy statement, expressing a commitment to use DBEs in all
aspects of contracting to the maximum extent feasible. The policy
making body must issue a policy statement signed by the
chairperson, which expresses its commitment to utilize DBEs,
outlines the various levels of responsibly, and states the objectives
of the program. Circulate the policy statement throughout the
Contractor's organization
(b) The designation of a Liaison Officer within the Contractor's
organization, as well as support staff, necessary and proper to
administer the program, and a description of the authority,
responsibility, and duties of the Liaison Officer and support staff.
The Liaison Officer and staff are responsible for developing,
managing, and implementing the program on a day -to -day basis
for carrying out technical assistance activities for DBEs and for
disseminating information on available business opportunities sot
that DBEs are provided an equitable opportunity to participate in
Contract let by the Department.
Use techniques to facilitate DBE participation in contracting activities which
include, but are not limited to:
1. Soliciting price quotations and arranging a time for the review of
plans, quantities, specifications, and delivery schedules, and for
the preparation and presentation of quotations.
2. Providing assistance to DBEs in overcoming barriers such as
the inability to obtain bonding, financing, or technical assistance.
3. Carrying out information and communication programs or
workshops on contracting procedures and specific contracting
opportunities in a timely manner, with such programs being
bilingual where appropriate.
4. Encouraging eligible DBEs to apply for certification with the
Department.
5. Contacting Minority Contractor Associations and city and
country agencies with programs for disadvantaged individuals
for assistance in recruiting and encouraging eligible DBE
contractors to apply for certification with the Department.
Revised 2/21/07 I -13
DBE Records and Reports: Submit the Anticipated DBE Participation
Statement at or before the Pre - Construction Conference. Report monthly,
through the Equal Opportunity Reporting System on the Department's Website,
actual payments, retainage, minority status, and work type of all subcontractors
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
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.
All such records are required to be maintained for a period of five
(5) years following acceptance of final payment and have them
available for inspection by the Department and the Federal
Highway Administration.
10. Equal Employment Opportunity
Florida Department of Transportation Guidelines and US Department of Labor
Employment Standards)
Equal Employment Opportunity Requirements:
Equal Employment Opportunity Policy. Accept as the operating policy, the
following statement which is designed to further the provision of equal
opportunity to all persons without regard to their age, race, color, religion,
national origin, sex, or disability and to promote the full realization of equal
employment opportunity through a positive continuing program:
"It is the policy of this Company to assure that applicants are employed,
and that employees are treated during employment, without regard to their age,
race, religion, color national origin, sex or disability. Such action must include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship, pre- apprenticeship, and /or
on- the -job training."
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
Revised 2/21/07 I -14
opportunity and who must be assigned adequate authority and responsibility to
do so.
Dissemination of Policy: All members of the Contractor's staff who are
authorized to hire, supervise, promote, and discharge employees, or who
recommend such action, or who are substantially involved in such action will be
made fully cognizant of, and will implement, the Contractor's equal employment
opportunity policy and contractual responsibilities.
Recruitment: When advertising for employees, include in all
advertisements for employees the notation "An Equal Opportunity Employer ".
Personnel Actions: Establish and administer wages, working conditions,
employee benefits, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff, and termination without regard
to age, race, color, religion, national origin, sex, or disability.
Follow the following procedures:
1. Conduct periodic inspections of project sites to ensure that working
conditions and employee facilities do not indicate discriminatory
treatment of project site personnel.
2. Periodically evaluate the spread of wages paid with each
classification to determine any evidence of discriminatory wage
practices.
3. Periodically review selected personnel actions in depth to determine
whether there is evidence of discrimination. Where evidence if found,
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action must include all affected persons.
4. Investigate all complaints of alleged discrimination made in connect
with obligations under this Contract, attempt to resolve such
complaints, and take appropriate corrective action. If the investigation
indicates that the discrimination may affect persons other than the
complainant, such corrective action must include such other persons.
Upon completion of each investigation inform every complainant of all
of the avenues of appeal.
Subcontracting: Use the best efforts to ensure subcontractor compliance
with their equal employment opportunity policy.
Records and Reports: Keep such records as are necessary to determine
compliance with the equal employment opportunity obligations. The records kept
will be designed to indicate the following:
1. The number of minority and non - minority group members employed
in each work classification on the project.
Revised 2/21/07 1 -15
2. The progress and efforts being made in cooperation with unions to
increase minority group employment opportunities (applicable only to
Contractors who rely in whole or in part on unions as a source of their
work force).
3. The progress and efforts being made in locating, hiring, training,
qualifying, and upgrading minority group employees as deemed
appropriate to comply with their Equal Employment Opportunity
Policy.
4. The progress and efforts being made in securing the services of
minority group subcontractors or subcontractors with meaningful
minority group representation among their employees as deemed
appropriate to comply with their Equal Employment Opportunity
Policy.
All such records must be retained for a period of three years following
completion of the contract work and be available at reasonable times and places
for inspection by authorized representatives to the Department and the Feral
Highway Administration.
Upon request, submit to the Department a report of the number of minority
and non - minority group employees currently engaged in each work classification
required by the Contract work.
Executive Order 11246, As Amended
Executive Order 11246 -Equal Employment Opportunity
SOURCE: The provisions of executive Order 11246 of September 24, 1965,
appear at 30 FR 12319, 12935, 3 CFR, 1964 -1965 Comp., p. 339, unless
otherwise noted.
Under and by virtue of the authority vested in me as President of the United
States by the Constitution and statutes of the United States, it is ordered as
follows:
Part I- Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of August 8, 1969, 34 FR 12985, 3 CFR, 1966-
1970 Comp., p. 803]
Part 11- Nondiscrimination in Employment by Government Contractors and
Subcontractors
Subpart A- Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible for the administration and
enforcement of Parts II and III of this Order. The Secretary shall adopt such
Revised 2/21/07 1 -16
results and regulations and issue such orders as are deemed necessary and
appropriate to achieve the purposes of Parts II and III of this Order.
[Sec. 201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Subpart B- Contractor's Agreements
Sec. 202. Except in contract exempted in accordance with Section 204 of this
Order, all Government contracting agencies shall include in every Government
contract hereafter entered into the following provisions:
During the performance of this contract, the contractor agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are
employed, and the employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
_. training, including apprenticeship. The contractor agrees to post in
conspicuous places available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advancements for employees
placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, or national origin.
3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4) The contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
5) The contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by contracting
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
Revised 2/21/07 1 -17
6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract with any of such rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Government
contracts in accordance with procedures.
7) The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result of
such direction, the contractor may request the United States to enter into
such litigation to protect the interest of the Untied States. [Sec. 202
amended by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966-
1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR,
1978 Comp., p. 230]
Sec. 203. (a) Each contractor having a contract containing the provisions
prescribed in Section 202 shall file, and shall cause each of his subcontractors to
file, Compliance Reports with the contracting agency or the Secretary of Labor as
may be directed. Compliance Reports shall be file within such times and shall
contain such information as to the practices, policies, programs, and employment
policies, programs, and employment statistics of the contractor and each
subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
(b) Bidders or prospective contractors or subcontractors may be required to state
whether they have participated in any previous contract subject to the provisions
of this Order, or any preceding similar Executive Order, and in that event to
submit, on behalf of themselves and their proposed subcontractors, Compliance
Reports prior to or as an initial part of their bid or negotiation of a contract.
(c) Whenever the contract or subcontractor has a collective bargaining
agreement or other contract or understanding with a labor union or any agency
referring workers to providing or supervising apprenticeship or training for such
workers, the Compliance Report shall include such information as to such labor
union's or agencies practices and policies affecting compliance as the Secretary
of Labor may prescribe. Provided, that to the extent such information is within the
exclusive possession of a labor union or an agency referring workers or providing
or supervising apprenticeship or training and such labor union or agency shall
refuse to furnish such information to the contractor, the contractor shall so certify
Revised 2/21/07 1 -18
to the Secretary of Labor as part of its Compliance Report and shall set forth
what efforts he has made to obtain such information.
(d) The Secretary of Labor may direct that any bidder or prospective contractor or
subcontractor shall submit, as part of his Compliance Report, a statement in
writing, signed by an authorized officer or agent on behalf of any labor union or
any agency referring workers or providing or supervising apprenticeship or other
training, with which the bidder or prospective contractor deals, with supporting
information. To the effect that the signer's practices and policies do not
discriminate on the grounds of race, color, religion. sex or national origin, and
that the signer either affirmatively cooperate in the implementation of the policy
and provisions of the Order or that it consents and agrees that recruitment,
employment, and the terms and conditions of employment under the proposed
contract shall be in accordance with the purposes and provisions of the order. In
the event that the union, or the agency shall refuse to execute such a statement,
the Compliance Report shall so certify and set forth what efforts have been made
to secure such statement and such additional factual material as the Secretary of
Labor may require.
[Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR,
10966 -1970 Comp., p. 684; EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR,
1978 Comp., p. 230]
Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special
circumstances in the national interest so require, exempt a contracting agency
from the requirement of including any or all of the provisions of Section 202 of
this Order in any specific contract, subcontract, or purchase order.
(b) The Secretary of Labor may, by rule or regulation, exempt certain classes of
contracts, subcontractors, or purchase orders (1) whenever work is to be or has
been performed outside the Untied Sates and no recruitment of workers within
the limits of the United States is invoiced; (2)_ for standard commercial supplies
or raw materials; (3) involving less than specified amounts of money or specified
numbers of workers; or (4) to be the extent that they involve subcontracts below
a specified tier.
(c) Section 202 of this Order shall not apply to a Government contractor or
subcontractor that is a religion corporation, association, educational institution, or
society, with respect to the employment of individuals of a particular religion to
perform work connected with the carrying on by such corporation, association,
educational institution, or society of its activities. Such contractor and
subcontractors are not exempted or excused from complying with the other
requirements contained in this Order.
(d) The Secretary of Labor may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor that are in all respects separate and distinct
Revised 2/21/07 1 -19
from activities of the contractor related to the performance of the contract:
provided, that such an exemption will not interfere with or impede the effectuation
of the purposed of this Order: and provide further, that in the absence of such an
exemption all facilities shall be covered by the provisions of this Order.
[Sec. 204 amended by EO 13279 of December 9, 2002 67 FR 77141, e CFR,
2002 Comp., p. 77141- 77144]
Part C- Powers and Duties of the Secretary of Labor and the Contracting
Agencies
Sec. 205 The Secretary of Labor shall be responsible for securing compliance by
all Government contractors and subcontractors with this Order and any
implementing rules or regulations. All contracting agencies shall comply with the
terms of this Order and any implementing rules, regulations, or orders of the
Secretary of Labor. Contracting agencies shall cooperate with the Secretary of
Labor and shall furnish such information and assistance as the Secretary may
require.
[Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 2301
Sec 206 (a) The Secretary of Labor may investigate the employment practices of
any Government contractor or subcontractor to determine whether or not the
contractual provisions specified I Section 202 of this Order have been violated.
Such investigation shall be conducted in accordance with the procedures
established by the Secretary of Labor.
(b) The Secretary of Labor may receive and investigate complaints by employees
or prospective employees of a Government contractor or subcontractor which
allege discrimination contrary to the contractual provisions specified in Section
202 of this Order.
[Sec 206 amended by EO 12086 of October 5mm 1978, 43 FR 46501, 3 CFR,
1978 Comp., p. 230]
Sec 207 The Secretary of Labor shall use his /her best efforts, directly and
through interested Federal, State, and local agencies, contractors, and all other
available instrumentalities to cause any labor union engaged in work under
Government contracts or any agency referring workers or providing or
supervising apprenticeship or training for or in the course of such work to
cooperate in the implementation of the purposes of this Order. The Secretary of
Labor shall, in appropriate cases, notify the Equal Employment Opportunity
Commission, the Department of Justice, or other appropriate Federal agencies
whenever it has reason to believe that the practices of any such labor
organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964
or other provision of Federal law.
Revised 2/21/07 1 -20
[Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the
executive branch of the Government designated by rule, regulation. Or order of
the Secretary, may hold such hearings, public or private, as the Secretary may
deem advisable for compliance, enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearing in accordance
with subsection of this Section prior to imposing, ordering, or recommending the
imposition of penalties and sanctions under this Order. No order for debarment of
any contractor from further Government contacts under Section 209(6) shall be
made without affording the contractor an opportunity for a hearing.
Subpart D- Sanctions and Penalties
Sec 209 In accordance with such rules, regulations, or orders as the Secretary of
Labor may issue or adopt, the Secretary may:
(1) Publish, or cause to be published, the names of contractors or unions
which it has concluded have complied or have failed to comply with the
provisions of this Order or of the rules, regulations, and orders of the
Secretary of Labor.
(2) Recommend to the Department of Justice that, in cases in which there is
substantial or material violation or the threat of substantial or material
violation of the contractual provisions set forth in Section 202 of this Order,
appropriate proceedings be brought to enforce those provisions, including
the enjoying, within the limitations of applicable law, of organizations,
individuals, or groups who prevent directly or indirectly, or seek to present
directly or indirectly, compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commission or the
Department of Justice that appropriate proceedings be instituted under
Title VII of the Civil Rights Act o 1964.
(4) Recommend to the Department of Justice that criminal proceedings be
brought for the furnishing of false information to any contracting agency or
to the Secretary of Labor as the case may be.
(5) After consulting with the contracting agency, direct the contracting agency
to cancel, terminate, suspend, or cause to be cancelled, terminated or
suspended, any contract, or any portion or portions thereof, for failure of
the contractor or subcontractor to comply with equal employment
Revised 2/21/07 1 -21
opportunity provisions of the contract. Contracts may be cancelled,
terminated, or suspended absolutely or continuance of contracts may be
conditions upon a program for future compliance approved by the
Secretary of labor.
(6) Provide that any contracting agency shall refrain from entering into further
contracts, or extensions or other modifications of existing contracts, with
any non - complying contractor, until such contractor has satisfied the
Secretary of Labor that such contractor has established and will carry out
personnel and employment policies in compliance with the provisions of
this Order.
(b) Pursuant to rules and regulations prescribed by the Secretary of
Labor, the Secretary shall make reasonable efforts, within a reasonable
time limitation, to secure compliance with the contract provisions of this
Order by methods of conference, conciliation, mediation, and persuasion
before proceedings shall be instituted under subsection (a)(2) of this
Section, or before a contract shall be cancelled or terminated in whole or
in part under subsection (a)(5) of this Section.
[Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR,
1978 Comp., p. 2301
Sec 210 Whenever the Secretary of Labor makes a determination under Section
209, the Secretary shall promptly notify the appropriate agency. The agency shall
take the action directed by the Secretary and shall report the results of the action
it has taken to the Secretary of Labor within such time as the Secretary shall
specify. If the contracting agency fails to take the action directed within thirty (30)
days, the Secretary may take the action directly.
[Sec 210 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into
contracts with any bidder or prospective contractor unless the bidder of
prospective contractor has satisfactorily complied with the provisions of this
Order or submits a program for compliance acceptable to the Secretary of Labor.
[Sec 211 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 212 When a contract has been cancelled or terminated under Section
209(a)(5) or a contractor has been debarred from further Government contracts
under Section 209(a)(6) of this Order, because of noncompliance with the
contract provisions specified in Section 202 of this Order the Secretary of Labor
shall promptly notify the Comptroller General of the Untied States.
Revised 2/21/07 1-22
[Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 2301
Subpart E- Certificates of Merit
Sec 213 The Secretary of labor may provide for issuance of a United States
Government Certificate of Merit to employers or labor unions, or other agencies
Which are or may hereafter be engaged in work under Government contracts, if
the Secretary is satisfied that the personnel and employment practices of the
employer, or that the personnel, training, apprenticeship, membership, grievance
and representation, upgrading, and other practices and polices of the labor union
or other agency conform to the purposes and provisions of this Order.
Sec 214 Any Certificate of Merit may at any time be suspended or revoked by
the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has
failed to comply with the provisions of this Order.
Sec 215 The Secretary of Labor may provide for the exemption of any employer,
labor union, or other agency from any reporting requirements imposed under or
pursuant to this Order if such employer, labor union, or other agency has been
awarded a Certificate of Merit which has not been suspended or revoked.
Part III — Nondiscrimination Provisions in Federally Assisted Construction
Contracts
Sec 301 Each executive department and agency, which administers a program
involving Federal financial assistance shall require as a condition for the approval
of any grant, contract, loan, insurance, or guarantee thereunder, which may
involve a construction contract, that the applicant for Federal assistance
undertake and agree to incorporate, or cause to be incorporated, into all
construction contracts paid for in whole or in part with funds obtained from the
Federal Government or borrowed on the credit of the Federal Government
pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee the provisions prescribed for Government contracts by Section 202
of this Order or such modification thereof, preserving in substance the
contractor's obligations thereunder, as may be approved by the Secretary of
Labor, together with such additional provisions as the Secretary deems
appropriate to establish and protect the interest of the United States in the
enforcement of those obligations. Each such applicant shall also undertake and
agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with those contract provisions
and with the rules, regulations and relevant orders of the Secretary, (2) to obtain
and to furnish to the Secretary of Labor such information as the Secretary may
require for the supervision of such compliance, (3) to carry out sanctions and
Revised 2/21/07 1-23
penalties for violation of such obligations imposed upon contractors and
subcontractors by the Secretary of labor pursuant to Part II, Subpart D, of this
Order, and (4) to refrain from entering into any contract subject to this Order, or
extension or other modification of such a contract with a contractor debarred from
Government contracts under Part Il, Subpart D, of this Order.
[Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
Sec 302 (a) "Construction contract" as used in this Order means any contract for
the construction, rehabilitation, alteration, conversion, extension, or repair of
buildings, highways, or other improvements to real property.
(b) The provisions of Part II of this Order shall apply to such construction
contracts, and for purposes of such application the administering department or
agency shall be considered the contracting agency referred to therein.
(c) The term "applicant" as used in this Order means an applicant for Federal
assistance or, as determined by agency regulation, other program participant,
with respect to whom an application for any grant, contract, loan, insurance, or
guarantee is not finally acted upon prior to the effective date of this Part, and it
includes such an applicant after he /she becomes a recipient of such Federal
assistance.
Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the
compliance of such applicants with their undertakings under this Order. Each
administering department and agency id directed to cooperate with the Secretary
of Labor and to furnish the Secretary such information and assistance as the
Secretary may require in the performance of the Secretary's functions under this
Order.
(b) In the event an applicant fails and refuses to comply with the applicant's
undertakings pursuant to this Order, the Secretary of Labor may, after consulting
with the administering department or agency, take any or all of the following
actions: (1) direct any administering department or agency to cancel, terminate,
or suspend in whole or in part the agreement, contract or other arrangement with
such applicant with respect to which the failure or refusal occurred; (2) direct any
administering department or agency to refrain form extending any further
assistance to the applicant under the program with respect to which the failure or
refusal occurred until satisfactory assurance of future compliance has been
received by the Secretary of Labor from such applicant; and (3) refer the case to
the Department of Justice or the Equal Employment Opportunity Commission for
appropriate law enforcement or other proceedings.
(c) In no case shall action be taken with respect to an appliance pursuant to
clause (1) or (2) of subsection (b) without notice and opportunity for hearing.
Revised 2/21/07 1 -24
[Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
Sec 304 Any executive department or agency which imposes by rule, regulation
or order requirements of nondiscrimination in employment, other than
requirements imposed pursuant to this Order, may delegate to the Secretary of
Labor by agreement such responsibilities with respect to compliance standards,
reports, and procedures as would tend to bring the administration of such
requirements into conformity with the administration of requirements imposed
under this Order: Provided, that actions to effect compliance by recipients of
Federal financial assistance with requirements imposed pursuant to Title VI of
the Civil Rights Act of 1964 shall be taken in conformity with the procedures and
limitation prescribed in Section 602 thereof and the regulations of the
administering department of agency issued thereunder.
Part IV Miscellaneous
Sec 401 The Secretary of Labor may delegate to any officer, agency, or
employee in the Executive branch of the Government, any function or duty of the
Secretary under Parts II and III of this Order.
[Sec 401 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 2301
Sec 402 The Secretary of Labor shall provide administrative support for the
execution of the program known as the "Plans for Progress."
Sec 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5,
1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964),
are hereby superseded and the President's Committee On Equal Employment
Opportunity established by Executive Order No. 10925 is hereby abolished. All
records and property in the custody of the Committee shall be transferred to the
Office of Personnel Management and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of any obligation
assumed or imposed under or pursuant to any Executive Order superseded by
this Orders. All rules, regulations, orders, instructions, designations, and other
directives issued by the President's Committee o Equal Employment Opportunity
and those issued by the heads of various departments or agencies under or
pursuant to any of the Executive orders superseded by this Order, shall, to the
extent that they are not inconsistent with this Order, remaining in full force and
effect such directives to provisions of the superseded orders shall be deemed to
be references to the comparable provisions of this Order.
[Sec 403 amended by EO 12107 of December 28, 1978, 44 FR 1055, 3 CFR,
1978 Comp., p 264]
Revised 2/21/07 1-25
Sec 404 The General Services Administration shall take appropriate action to
revise the standard Government contract forms to accord with the provisions of
this Order and of the rules and regulations of the Secretary of Labor.
Sec 405 This Order shall be come effective thirty (30) days after the date of this
Order.
11. Equipment Rental Rates
(8 -1 Florida Department of Transportation Guidelines)
The limitations set forth in 8 -1, concerning the amount of work that may be
sublet, do not apply to work performed by equipment rental agreement. However,
for any work proposed to be performed by equipment rental agreement, notify the
Engineer in writing of such intention before using the rented equipment, and
indicate whether the equipment will be rented on an operated or non - operated
basis. Include with the written notice a listing and description of the equipment
and a description of the particular work to be performed with such equipment. As
an exception to the above requirements, the Department will not require written
notice for equipment to be rented (without operators) from an equipment dealer
or from a firm whose principal business is the renting or leasing of equipment.
The operators of all rented equipment, whether rented on an operated or a
non - operated basis are operators are subject to all wage rate requirements
applicable to the project. When renting equipment without operators, the
Contractor shall carry the operators on his own payroll. For equipment that is
rented on a non - operated basis, and when required by the Contract or requested
by the Engineer, furnish payrolls from the lessor with the names of the operators
shown thereon.
When a lessor provides rentals of equipment on an operated basis that
exceed $10,000, such lessor is subject to any Equal Employment Opportunity
requirements that are applicable to the project.
12. Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines and US Department of
Labor Employment Standards)
For Federal -aid Contracts, only use steel and iron produced in the United States,
in accordance with the Buy America provisions of 23 CFF 635.410, as amended.
Ensure that all manufacturing process for this material occur in the United States.
As used in this specification, a manufacturing process is any process that
modifies the chemical content, physical shape or size, or final finish of a product,
beginning with the initial melding and mixing and continuing through the bending
an coating stages. A manufactured steel or iron product is complete only when
all grinding, drilling, welding, finishing and coating have been completed. If a
domestic product is taken outside the United States for any process, it becomes
foreign source material. When using steel and iron as a component of any
manufactured product incorporated into the project (e.g., concrete pipe,
Revised 2/21/07 I -26
prestressed beams, corrugated steel pipe, etc.), these same provisions apply,
except that the manufacturer may use minimal quantities of foreign steel and iron
when the cost of such foreign materials does not exceed 0.1% of the total
Contract amount or $2,500, whichever is greater. These requirements are
applicable to all steel and iron materials incorporated into the finished work, but
are not applicable to steel and iron items that the Contractor uses but does not
incorporate into the finished work. Provide a certification from the producer of
steel or iron, or any product containing steel or iron as a component, stating that
all steel or iron furnished or incorporated into the furnished product was
manufactured in the United States in accordance with the requirements of this
specification and the Buy America provisions of 23 CFR 635.410, as amended.
Such certification shall also include (1) a statement that the product was
produced entirely within the United States, or (2) a statement that the product
was produced within the United States except for minimal quantities of foreign
steel and iron valued at $(actual value). Furnish each certification to the
Engineer prior to incorporating the material into the project. When FHWA allows
the use of foreign steel on a project, furnish invoices to document the cost of
such material, and obtain the Engineer's written approval prior to incorporating
the material into the project.
13. Incentive /Disincentive Clauses
(Collier County Policy)
The County desires to expedite construction on this Contract to minimize the
inconvenience to the traveling public and to reduce the time of construction. In
order to achieve this, an incentive - disincentive provision is established for the
Contract. The total "incentive payment" or disincentive deduction shall not
exceed $
The County will pay the Contractor an "incentive payment" in the amount of
$ , for each calendar day the actual completion date precedes the
Original Contract Time and subject to the conditions precedent set forth below.
The term "Original Contract Time" as used in this Article will mean the number of
calendar days established for completion of the work in the Contract on the date
the Contract was executed. The term "calendar day" as used in this Article will
mean every day shown on the calendar. Calendar days will be consecutively
counted from commencement of Contract Time regardless of weather,
weekends, holidays, suspensions of Contractor's operations, delays or other
events as described herein. For purposes of the calculation and the
determination of entitlement to the "incentive payment" stated above, the Original
Contract Time will not be adjusted for any reason, cause or circumstance
whatsoever, regardless of fault, save and except in the instance of a catastrophic
event (i.e., hurricane or a declared state of emergency).
The parties anticipate that delays may be caused by or arise from any number of
events during the course of the Contract, including, but not limited to, work
performed, work deleted, change orders, supplemental agreements, delays,
disruptions, differing site conditions, utility conflicts, design changes or defects,
Revised 2/21/07 I -27
time extensions, extra work, right of way issues, permitting issues, actions of
suppliers, subcontractors or other contractors, actions by third parties, shop
drawing approval process delays, expansion of the physical limits of the project
to make it functional, weather, weekends, holidays, suspensions of Contractor's
operations, or other such events, forces or factors sometimes experienced in
highway construction work. Such delays or events and their potential impacts on
performance by the Contractor are specifically contemplated and acknowledged
by the parties in entering into this Contract, and shall not extend the Original
Contract Time for purposes of calculation of the "incentive payment" set forth
above. Further, any and all costs or impacts whatsoever incurred by the
Contractor in accelerating the Contractor's work to overcome or absorb such
delays or events in an effort to complete the Contract prior to expiration of the
Original Contract Time, regardless of whether the Contractor successfully does
so or not, shall be the sole responsibility of the Contractor in every instance.
In the event of a catastrophic event (i.e., hurricane or a declared state of
emergency) directly and substantially affecting the Contractor's operations on the
Contract, the Contractor and the County shall agree as to the number of calendar
days to extend the Original Contract Time so that such extended Original
Contract Time will be used in calculation of the "incentive payment ". In the event
the Contractor and County are unable to agree to the number of Calendar Days
to extend the Original Contract Time, the County will unilaterally determine the
number of calendar days to extend the Original Contract Time reasonably
®` necessary and due solely to such catastrophic event and the Contractor shall
have no right whatsoever to contest such determination, save and except that the
Contractor establishes that the number of calendar days determined by the
County were arbitrary or without any reasonable basis
However, notwithstanding anything above to the contrary, upon the Contractor's
written request being made directly to the Project Manager, with copies provided
to both the Resident Construction Engineer and the District Construction
Engineer, the County reserves unto the Project Manager, in his sole and
absolute discretion, according to the parameters set forth below, the authority to
make a determination to either fully enforce the above provisions with no
modification, modify the "Original Contract Time" by moving it, or both modify the
"Original Contract Time" by moving it and also modify the "incentive amount" by
reducing it.
No modification of this "Incentive- Disincentive" provision will be considered by
the Project Manager for any impacts, whatsoever, beyond the reasonable control
of the Contractor, for which the effect results in a time extension of less than 15%
of the time remaining in the period from the first day of occurrence of such impact
to the expiration of the "Original Contract Time ". Furthermore, as to any such
impact, for which the effect results in a time extension of 15% or more of the time
remaining in the period from the first day of occurrence of such impact to the
expiration of the "Original Contract Time," no modification of this "Incentive-
- Disincentive" provision will be considered by the Project Manager unless the
Contractor clearly establishes that it has continuously from the beginning of the
Revised 2/21/07 I -28
project aggressively, efficiently and effectively pursued the achievement of the
"incentive payment ". This would include the utilization of any and all reasonably
available means and methods to overcome all impacts and accelerate the work
so as to still achieve the "incentive payment ", and that, but for this impact, the
Contractor would have otherwise earned the "incentive payment" provided in the
original Contract. Also, to the extent the request is not submitted in writing to the
Project Manager within not less than twenty (20) calendar days prior to the
expiration of the "Original Contract Time," the Contractor must also continue to
aggressively, efficiently, and effectively pursue the completion of the "Incentive -
Disincentive" work. This would include the utilization of any and all reasonably
available means and methods to overcome all impacts and accelerate the work,
until a determination is made by the Project Manager or twenty (20) calendar
days has expired since such written request was received by the Project
Manager. There shall be no right of any kind on behalf of the Contractor to
challenge or otherwise seek review or appeal in any forum, of any determination
made by the Project Manager under this provision.
The Contractor shall have no rights under the Contract to make any claim arising
out of this incentive payment provision except as is expressly set forth in this
Article.
As conditions precedent to the Contractor's entitlement to any "incentive
payment" the Contractor must:
(1) Deliver in -hand to the County any and all claims, in full accordance with
— Exhibit "H" — General Terms and Conditions, Section 11 — Claims and Disputes.
(2) Actually complete the Contract and obtain final acceptance by the County
prior to expiration of the Original Contract Time.
(3) No later than 60 days after final acceptance by the County, the Contractor
must either (a) elect to be paid the "incentive payment" pursuant to (4) below, or
(b) notify the County in writing that the Contractor is electing to be paid the
"incentive payment" and is reserving one or more outstanding claims for final and
fully binding determination in accordance with Exhibit "H" — General Terms and
Conditions, Section 11 — Claims and Disputes.
(3) The Contractor shall notify the County in writing, within 60 days after final
acceptance of the Contract by the County, that the Contractor elects to be paid
the "incentive payment" which the Contractor is eligible to be paid based on the
actual final acceptance date, and such written notice shall constitute a full and
complete waiver, release and acknowledgment of satisfaction by the Contractor
of any and all claims, causes of action, issues, demands, disputes, matters or
controversies, of any nature or kind whatsoever, known or unknown, against the
County, its employees, officers, agents, representatives, consultants, and their
respective employees, officers and representatives, the Contractor has or may
have, including, but not limited to, work performed, work deleted, change orders,
supplemental agreements, delays, disruptions, differing site conditions, utility
conflicts, design changes or defects, time extensions, extra work, right of way
Revised 2/21/07 1.29
issues, permitting issues, actions of suppliers or subcontractors or other
contractors, actions by third parties, shop drawing approval process delays,
expansion of the physical limits of the project to make it functional, weather,
weekends, holidays, suspensions of the Contractor's operations, extended or
unabsorbed home office or job site overhead, lump sum maintenance of traffic
adjustments, lost profits, prime mark -up on subcontractor work, acceleration
costs, any and all direct and indirect costs, any other adverse impacts, events,
conditions, circumstances or potential damages, on or pertaining to, or as to or
arising out of the Contract. This waiver, release and acknowledgment of
satisfaction shall be all- inclusive and absolute, save and except any routine
County final estimating quantity adjustments.
Should the Contractor fail to actually complete the Contract and obtain final
acceptance by the County prior to expiration of the Original Contract Time, or
should the Contractor, having timely completed the Contract and obtained final
acceptance by the County prior to expiration of the Original Contract Time but
having failed to timely request the "incentive payment" for any reason, and
including but not limited to the Contractor choosing not to either reserve one or
more outstanding claims in accordance with Exhibit "H" — General Terms and
Conditions, Section 11 — Claims and Disputes for final and fully binding
determination as set forth in (3)(b) above, or to fully waive, release and
acknowledge satisfaction as set forth in (4) above, the Contractor shall have no
right to any payment whatsoever under this Article. Notwithstanding the
Contractor's election or non - election of the "incentive payment" under this
provision, the disincentive provision applies to all circumstances where the work
in the Contract is not finally accepted by the Allowable Contract Time.
Completion and acceptance of the Contract for purposes of this Article shall be in
accordance with Exhibit "H" — General Terms and Conditions, Section 20 —
Completion.
Should the Contractor fail to complete the Contract on or before expiration of the
Allowable Contract Time, as adjusted in accordance with Exhibit "H" — General
Terms and Conditions, Section 9 — Contract Time and Time Extensions, the
County shall deduct $ for each calendar day completion exceeds the
Allowable Contract Time, from the monies otherwise due the Contractor. The
term "Allowable Contract Time" as used in this Article shall mean the Original
Contract Time plus adjustments pursuant Exhibit "H" — General Terms and
Conditions, Section 9 — Contract Time and Time Extensions. This deduction shall
be the disincentive for the Contractor's failing to timely complete the Contract.
Liquidated damages remain in effect and is applicable in accordance with
Section 5 of the Construction Agreement.
In the event the Contractor elects to exercise this "incentive payment" provision,
should this provision conflict with any other provision of the Contract, the
Contract shall be interpreted in accordance with this provision.
Revised 2/21/07 1 -30
14. Indian Preference On Federal -aid Projects
Provision excluded from this contract.
Required
Contracts
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials Supplies and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning HighwaV Projects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion
XII. Certification Regarding Use of Contract Funds for Lobbying
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
I. GENERAL
1. 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.
2. Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and further require
their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required
Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract
Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall
be sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be
grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5)
and Section V of these Required Contract Provisions shall not be subject to the general disputes clause
of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S.
Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
DOL, or the contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United States (except for
employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by
convicts who are on parole, supervised release, or probation.
GC- CA -1 -1
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related
subcontracts of $10,000 or more.)
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 and 41 CFR 60) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C.
140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities
under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR
60 -4.3 and the provisions of the American 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:
The contractor will work with the State highway agency (SHA) and the Federal Government in carrying
out EEO obligations and in their review of his /her activities under the contract.
a. The contractor will accept as his 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, preapprenticeship, and /or on- the -job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting
officers an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO 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:
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.
a. 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.
b. 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 minority group employees.
c. 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.
d. 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 minority groups in the area from which the
project work force would normally be derived.
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 minority group
applicants. To meet this requirement, the contractor will identify sources of potential minority group
GC- CA -1 -2
employees, and establish with such identified sources procedures whereby minority group applicants may
be referred to the contractor for employment consideration.
a. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,
he is expected to observe the provisions of that agreement to the extent that the system permits the
contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of
such agreements have the effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Executive Order 11246, as amended.)
b. The contractor will encourage his present employees to refer minority group applicants for employment.
Information and procedures with regard to referring minority group 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:
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.
a. The contractor will periodically evaluate the spread of wages paid within each classification to determine
any evidence of discriminatory wage practices.
b. 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.
c. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in
connection with his obligations under this contract, will attempt to resolve such 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 his avenues
of appeal.
6. Training and Promotion:
The contractor will assist in locating, qualifying, and increasing the skills of minority group and women
employees, and applicants for employment.
a. 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. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this subparagraph will be superseded
as indicated in the special provision.
b. The contractor will advise employees and applicants for employment of available training programs and
entrance requirements for each.
c. The contractor will periodically review the training and promotion potential of minority group and women
employees 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 his /her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such unions of
minority and female employees. Actions by the contractor either directly or through a contractor's
association acting as agent will include the procedures set forth below:
The contractor will use best efforts to develop, in cooperation with the unions, joint training programs
aimed toward qualifying more minority group members and women for membership in the unions and
increasing the skills of minority group employees and women so that they may qualify for higher paying
employment.
a. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end
that such union will be contractually bound to refer applicants without regard to their race, color, religion,
sex, national origin, age or disability.
b. 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
GC- CA -1 -3
union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and
shall set forth what efforts have been made to obtain such information.
c. In the event the union is unable to provide the contractor with a reasonable flow of minority and women
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 minority group
persons and women. (The DOL has held that it shall be no excuse that the union with which the
contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority
employees.) 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 SHA.
8. 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 notify all potential subcontractors and suppliers of his /her EEO obligations under this
contract.
a. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to
compete for and perform subcontracts which the contractor enters into pursuant to this contract. The
contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors
with meaningful minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
b. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to
document compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times and places for
- inspection by authorized representatives of the SHA and the FHWA.
The records kept by the contractor shall document the following:
1. The number of minority and non - minority group members and women employed in each 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;
3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees; and
4. The progress and efforts being made in securing the services of DBE subcontractors or
subcontractors with meaningful minority and female representation among their employees.
a. The contractors will submit an annual report to the SHA 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.
If on- the -job training is being required by special provision, the contractor will be required to collect and
report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related
subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of
this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction
contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not
maintain or provide for its employees any segregated facilities at any of its establishments, and that the
firm does not permit its employees to perform their services at any location, under its control, where
GC- CA -1 -4
segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the
EEO provisions of this contract. The firm further certifies that no employee will be denied access to
adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit directive, or
are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of
habit, local custom, or otherwise. The only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of material supply
agreements of $10,000 or more and that it will retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all
related subcontracts, except for projects located on roadways classified as local
roads or rural minor collectors, which are exempt.)
0. General:
All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and
not less often than once a week and without subsequent deduction or rebate on any account [except such
payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than
those contained in the wage determination of the Secretary of Labor (hereinafter "the wage
determination ") which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor or its subcontractors and such laborers
and mechanics. The wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495)
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. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section IV, paragraph 31b, hereof. Also, for the
purpose of this Section, 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 paragraphs 4 and 5
of this Section IV.
a. 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.
b. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5
are herein incorporated by reference in this contract.
1. Classification:
The SHA contracting officer shall require that any class of laborers or mechanics employed under the
- contract, which is not listed in the wage determination, shall be classified in conformance with the wage
determination.
GC- CA -1 -5
a. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when
the following criteria have been met:
1. the work to be performed by the additional classification requested is not performed by a classification in
the wage determination;
2. the additional classification is utilized in the area by the construction industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination, and
4. with respect to helpers, when such a classification prevails in the area in which the work is performed.
b. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed
in the additional classification or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage
and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour
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.
c. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed
in the additional 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.
Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30 -day period that
additional time is necessary
d. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of
this Section IV shall be paid to all workers performing work in the additional classification from the first
- day on which work is performed in the classification.
2. Payment of Fringe Benefits:
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate,
shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly case equivalent thereof.
a. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third
person, he /she may consider as a part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of the contractor, 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.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
Apprentices:
1. 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 DOL, Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in
his /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 Bureau of
Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in the
wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. Where
a contractor or subcontractor is performing construction on a project in a locality other than that in which
GC- CA -1 -6
its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
3. Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeyman -level 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 for the Wage and Hour Division determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination.
4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by
the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
comparable work performed by regular employees until an acceptable program is approved.
a. Trainees:
1. 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 DOL, Employment and
Training Administration.
2. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. 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.
- 3. Every trainee must be paid at not less than the rate specified in the approved program for his /her level of
progress, expressed as a percentage of the journeyman -level 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 -level
wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval of a training program, the
contractor or subcontractor 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.
b. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified and
defined on the applicable wage determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who
is not a helper under an approved definition, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed.
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.
GC- CA -1 -7
5. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of
the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally -
assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the
same prime contractor, as 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 SHA contracting officer 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.
6. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any
laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such
work, to work in excess of 40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation at a rate not less than one - and - one -half times
his /her basic rate of pay for all hours worked in excess of 40 hours in such workweek.
7. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set
forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be
liable to the affected employee for his /her unpaid wages. In addition, such contractor and
subcontractor 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, mechanic,
watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of
$10 for each calendar day on which such employee was required or permitted to work in excess
of the standard work week of 40 hours without payment of the overtime wages required by the
clause set forth in paragraph 7.
8. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of
the DOL withhold, or cause to be withheld, from any monies payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other 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 8 above.
V. STATEMENTS AND PAYROLLS
COIGENGdE.]
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural
collectors, which are exempt.)
0. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of
Labor which are herein incorporated by reference.
1. Payrolls and Payroll Records:
Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor
during the course of the work and preserved for a period of 3 years from the date of completion of the
contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the
site of the work.
a. The payroll records shall contain the name, social security number, and address of each such employee,
his or her correct classification; hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, the payroll records shall contain a notation
indicating whether the employee does, or does not, normally reside in the labor area as defined in
Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found 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 and each subcontractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or
the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprentices and
trainees, and ratios and wage rates prescribed in the applicable programs.
b. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to
the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees,
and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work
during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely
all of the information required to be maintained under paragraph 2b of this Section V. This information
may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
c. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor
or subcontractor or his /her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
1. that the payroll for the payroll period contains the information required to be maintained under paragraph
2b of this Section V and that such information is correct and complete,
2. that such 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 the Regulations, 29 CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or
cash equivalent for the classification of worked performed, as specified in the applicable wage
determination incorporated into the contract.
d. 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 2d of this Section V.
e. The falsification of any of the above certifications may subject the contractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
GC- CA -1 -9
VI.
VII.
I0
a.
1.
2.
3.
VIII.
0.
The contractor or subcontractor shall make the records required under paragraph 2b of this Section V
available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or
the DOL, 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 SHA,
the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
RECORD OF MATERIALS, SUPPLIES, AND LABOR
On all Federal -aid contracts on the National Highway System, except those which provide solely for the
installation of protective devices at railroad grade crossings, those which are constructed on a force
account or direct labor basis, highway beautification contracts, and contracts for which the total final
construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement
of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the
commencement of work under this contract.
Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the
work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in
the units shown on Form FHWA -47.
Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together
with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all
contract work indicating the total hours worked and the total amount earned.
At the prime contractor's option, either a single report covering all contract work or separate reports for
the contractor and for each subcontract shall be submitted.
SUBLETTING OR ASSIGNING THE CONTRACT
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 State. 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).
"Its own organization" shall be construed to include only workers employed and paid directly 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, assignee, or agent of the prime contractor.
"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 on the contract as a whole and in general are to be limited to minor components of the
overall contract.
The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed
includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
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 SHA contracting
officer determines is necessary to assure the performance of the contract.
No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written
consent of the SHA 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 SHA has assured that each subcontract is evidenced in writing and
that it contains all pertinent provisions and requirements of the prime contract.
SAFETY: ACCIDENT PREVENTION
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
SHA contracting officer may determine, to be reasonably necessary to protect the life and health of
GC- CA -1 -10
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.
1. 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. 333).
2. 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. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
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, the following notice 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:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of 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 not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
GC- CA -1 -11
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000
or more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the
bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
0. That any facility that is or will be utilized in the performance of this contract, unless such contract
is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91 -604),
and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by
Pub.L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20.
1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the
Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of
Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities.
3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this
Section X in every nonexempt subcontract, and further agrees to take such action as the government
may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
0. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
By signing and submitting this proposal, the prospective primary participant is providing the certification
set out below.
a. 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 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 primary participant to furnish a certification or an explanation shall disqualify
such a person from participation in this transaction.
b. The certification in this clause is a material representation of fact upon which reliance was placed when
the department or agency determined to enter into this transaction. If it is later determined that the
prospective primary participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency may terminate this transaction
for cause of default.
c. The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if any time the prospective primary participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
d. 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 department or agency to which this proposal
is submitted for assistance in obtaining a copy of those regulations.
e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered 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.
GC- CA -1 -12
f. The prospective primary 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 Transaction," provided by the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that 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 portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" ( Nonprocurement List) 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 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.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -- Primary Covered Transactions
10. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement
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;
c. 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 1 b of this certification;
and
d. Have not within a 3 -year period preceding this application /proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
11. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions
of $25,000 or more - 49 CFR 29)
By signing and submitting this proposal, the prospective lower tier is providing the certification set
out below.
GC- CA -1 -13
a. 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.
b. 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.
c. The terms "covered transaction," " debarred," " suspended," " ineligible," "primary covered transaction,"
" participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
d. 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.
e. 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.
f. 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 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.
g. 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.
h. Except for transactions authorized under paragraph e 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:
9. 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 participation in this transaction by any Federal department or agency.
10. 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.
xll. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related
subcontracts which exceed $100,000 - 49 CFR 20)
GC- CA -1 -14
0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
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.
a. 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.
1. 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.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN
CONTRACTS
(Applicable to Appalachian contracts only.)
3. 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:
To the extent that qualified persons regularly residing in the area are not available.
a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel
necessary to assure an efficient execution of the contract work.
b. 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.
4. 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 he 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, he shall promptly notify the State Employment Service.
5. 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.
6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service,
the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than
the number requested, the State Employment Service will forward a certificate to the contractor indicating
the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project
records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph
1 c above.
7. 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.
GC- CA -1 -15
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN
CONTRACTS
(Provision excluded from this contract.)
16. Liquidated Damages
See Construction Agreement, Section 5B. Contract Time and Liquidated
Damages, Collier County Contract — Seatiacher( cor)(tagi.pages,GC C1'
tlrougli,GG;GA -3
17. Local Hiring Preference
Provision excluded from this contract.
18. Lobbying Certification
(Florida Department of Transportation Policy)
"The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
either directly or in- directly an officer or employees of any state or federal
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
- Federal Contract, the making of any Federal grant, the making of any Federal
loan, the entering into any cooperative agreement, and the extension,
continuation, renewals, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, and officer or employee of
Congress, or an employee of a member of Congress in connection with this
Federal contract, grant loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -L "Disclosure Form to Report Lobbying ",
in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all sub - awards at all tiers (including
subcontracts, sub - grants, and contracts under grants, loans, and cooperative
agreements) and that all sub - recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into the transaction imposed by section 1352, title
31, US Code. Any person(s) who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each failure."
19. Award and Execution of Contract (Method of construction (or method
of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. — See
attached contract page GC -113-5 highlighted:
GC- CA -1 -16
20. Non - collusion Provision
(Florida Department of Transportation Guidelines)
The undersigned hereby certifies, to the best of his or her knowledge and belief, that on
behalf of the person, firm, association, or corporation submitting the bid certifying that
such person, firm association, or corporation has not, either directly of indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action,
in restraint of free competitive bidding in connection with the submitted bid. Failure to
submit the executed statement as part of the bidding documents will make the bid non-
responsive and not eligible for ward consideration.
21. Owner Force Account/Cost Effective Justification
Provision excluded from this contract
22. Patented /Proprietary Materials
Provision excluded from this contract
23. Prevailing Minimum Wage
For this contract, payment of predetermined minimum wages applies. The U.S.
Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate
Decision Number(s) FL, as modified up through ten days prior to the opening of bids.
Date: February 9, 2007
General Decision Number: FL20070039 02/09/2007
Superseded General Decision Number: FL20030039
State: Florida
Construction Types: Highway
Counties: Brevard, Collier, Hernando, Hillsborough, Lee,
Manatee, Martin, Orange, Osceola, Pasco, Pinellas, Polk,
Sarasota, Seminole and St Lucie Counties in Florida.
EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE
BASE, KENNEDY SPLACE FLIGHT CENTER AND MELABAR RADAR SITE
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects, & railroad construction;
bascule, suspension & spandrel arch bridges; bridges designed
for commercial navigation; bridges involving marine
construction; & other major bridges.
Modification Number Publication Date
0 02/09/2007
SUFL1993 -012 08/01/1993
Rates Fringes
GC- CA -1 -17
Bricklayer (Manhole) .......... $ 9.02
Carpenter ..................... $ 9.71
Concrete Finisher.......... $ 8.91
Electrician ..................... $ 13.42
Fence Erector ................ $ 7.75
Form Setter .................... $ 7.76
Guardrail erector............ $ 7.95
Ironworkers:
Reinforcing ................. $ 12.37
Structural .................. $ 6.60
Kettleman ...................... $ 7.34
Laborers:
Asphalt Raker ............... $ 7.23
Pipelayer ................... $ 8.01
Unskilled ................... $ 6.60
Painters:
Blaster ..................... $ 10.72
Power equipment operators
Asphalt Distributor.........
$
7.39
Asphalt Paving Machine......
$
8.23
Asphalt Plant Operator.....
.$
6.83
Asphalt Screed ..............
$
7.68
Backhoe .....................
$
9.00
Boom - Auger ..................
$
9.40
Bulldozer ...................
$
8.42
Concrete Curb Machine.......
$
8.50
Concrete Groover /Grinder....
$
9.00
Concrete Joint Saw..........
$
9.97
Concrete Mixer Operator.....
$
6.63
Concrete Paving Finish
Machine .....................
$
8.50
Concrete Pump Op............
$
13.00
Crane, Derrick, or
Dragline ....................
$
11.53
Earthmover ..................
$
7.78
[eZ.aeteQiE:]
Fork Lift ...................
Front End Loader............
G rad a I I .....................
Grade Checker ...............
Guardrail Post Driver.......
Mechanic ....................
Milling Machine .............
Milling Machine Grade
Checker .....................
Motor Grader ................
Mulching Machine............
Oiler, Greaseman .........
...
Pavement Striping
Machine .....................
Paving Striping Machine
Nozzleman ...................
Piledriver Leadsman.........
Piledriver Operator.........
Power Subgrade Mixer........
Rollers:
Finish ....................
Rough....................
Self- Prop., Rubber
Tire......................
Scraper .....................
Sign Erector ................
Small tool ..................
Tractors:
80 HP or less .............
Light .....................
Over 80 HP ................
Trenching Machine...........
Widening Spreader
Machine .....................
Traffic Controller
TRAFFIC CONTROL
SPECIALIST ..................
TRAFFIC SIGNALIZATION :
Installer .................
Mechanic ..................
Truck drivers:
Lowboy ......................
Multi -Rear Axle .............
Single Rear Axle...........
$ 7.63
$ 8.00
$ 8.76
$ 6.60
$ 10.78
$ 9.52
$ 8.76
$ 7.03
$ 9.54
$ 6.70
$ 7.21
$ 11.04
$ 7.50
$ 9.75
$ 10.82
$ 7.63
$ 7.24
$ 6.70
$ 7.01
$ 7.33
$ 13.27
$ 7.33
$ 6.60
$ 6.76
$ 10.62
$ 8.00
$ 7.52
$ 7.15
$ 9.70
$ 13.25
$ 8.02
$ 9.79
$ 6.70
GC- CA -1 -19
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the 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
GC- CA -1 -20
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
24. Progress Payments
See Exhibit H, Article 4. Progress Payments, Collier County Contract — See
attached`eentracpages.GC -CA H 4'a�td GC- CA -H -5 .highlighted',
25. Prohibition Against Convict Produced Materials
(Florida Department of Transportation Guidelines)
Source of Supply- Convict Labor (Federal -Aid Contracts Only): Do not use materials that
were produced after July 1, 1991, by convict labor for Federal -aid highway construction
projects unless the prison facility has been producing convict -made materials for
Federal -aid highway construction projects before July 1, 1987.
Use materials that were produced prior to July 2, 1991, b convicts on Federal -aid
highway construction projects free from the restrictions placed on the use of these
materials by 23 U.S.C. 114. The Department will limit the use of materials produced by
convict labor for use in Federal -aid highway construction projects to:
(1) materials produced by convicts o parole, supervised release, or probation
from a prison or,
(2) materials produced in a qualified prison facility.
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.
GC- CA -1 -21
26. Public Agencies in Competition with the Private Sector
The County does not allow other Public Agencies to compete with or bid on construction
projects against the private sector.
27. Publicly Owned Equipment
The County does not allow Contractors the use of publicly owned equipment.
28. Records Retention
Establishment and Maintenance of Accounting Records: Records of costs incurred
under terms of this Agreement shall be maintained and made available upon request to
the Department at all times during the period of this Agreement and for five (5) years
after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's
general accounting records and the project records, together with supporting documents
and records, of the Agency and all subcontractors performing work on the project and
all other records of the Agency and subcontractors considered necessary by the
Department for proper audit of costs. If any litigation, claim or audit is started before the
expiration of the five (50 year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Costs Incurred for the Project. The Agency shall charge to the project account all
eligible costs of the project. Costs in excess of the latest approved schedule of funding
or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
Documentation of Project Costs: All costs charged to the project, including any
approved services contributed by the Agency or others, shall be supported by properly
executed payrolls, time records, invoices, contracts or vouchers evidencing in proper
detail the nature and propriety of the charges.
29. Salvage Credits
Provision excluded from this contract.
30. Standardized Changes Conditions Contract Clauses — Differing site
conditions. (i) During the progress of the work, if subsurface or latent physical conditions
are encountered at the site differing materially from those indicated in the contract or if
unknown physical conditions of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in the work provided for in
the contract, are encountered at the site, the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the
site is disturbed and before the affected work is performed.
(ii) Upon written notification, the engineer will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or decrease in
the cost or time required for the performance of any work under the contract, an
adjustment, excluding anticipated profits, will be made and the contract modified in
GC- CA -1 -22
writing accordingly. The engineer will notify the contractor of the determination whether
or not an adjustment of the contract is warranted.
(iii) No contract adjustment which results in a benefit to the contractor will be
allowed unless the contractor has provided the required written notice.
(iv) No contract adjustment will be allowed under this clause for any effects caused
on unchanged work.
Suspensions of work ordered by the engineer. (i) If the performance of all or any
portion of the work is suspended or delayed by the engineer in writing for an
unreasonable period of time (not originally anticipated, customary, or inherent to the
construction industry) and the contractor believes that additional compensation and /or
contract time is due as a result of such suspension or delay, the contractor shall submit
to the engineer in writing a request for adjustment within 7 calendar days of receipt of
the notice to resume work. The request shall set forth the reasons and support for such
adjustment.
(ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer
agrees that the cost and /or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by conditions
beyond the control of and not the fault of the contractor, its suppliers, or subcontractors
at any approved tier, and not caused by weather, the engineer will make an adjustment
(excluding profit) and modify the contract in writing accordingly. The contractor will be
notified of the engineer's determination whether or not an adjustment of the contract is
warranted.
(iii) No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
(iv) No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for which
an adjustment is provided or excluded under any other term or condition of this contract.
Significant changes in the character of work. (i) The engineer reserves the right to
make, in writing, at any time during the work, such changes in quantities and such
alterations in the work as are necessary to satisfactorily complete the project. Such
changes in quantities and alterations shall not invalidate the contract nor release the
surety, and the contractor agrees to perform the work as altered.
(ii) If the alterations or changes in quantities significantly change the character of
the work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause such
other work to become significantly different in character, an adjustment, excluding
anticipated profit, will be made to the contract. The basis for the adjustment shall be
agreed upon prior to the performance of the work. If a basis cannot be agreed upon,
then an adjustment will be made either for or against the contractor in such amount as
the engineer may determine to be fair and equitable.
(iii) If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will be paid
for as provided elsewhere in the contract.
GC- CA -1 -23
(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.
31. Standard Specifications and Plans
See Exhibit M, Plans and Specifications, Collier County Contract
32. State Preference
Provision are excluded from this contract.
33. State /Local Owned /Furnished /Designated Materials
Provisions are excluded from this contract.
34. Subcontracting
See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier
County Contract— See atache hrogh GC GA -H
35. Termination of Contract
See Exhibit H, General Terms and Conditions, Section 18. Termination for
Default and Section 19. Termination for Convenience and Suspension, Collier
County Contract — See attached contract pages,GC- CA -H -15 `!,. ,through G`C -C
16
36. Time Extensions
See Exhibit H, General Terms and Conditions, Section 9. Contract Time and I Extensions, Collier County Contract — See`attached contract pages :GG CM f—,9> th`ro`ugh
GG :GA -H -1 l}
GC- CA -1 -24
EXHIBIT J
TECHNICAL SPECIFICATIONS
EXHIBIT J -I
TECHNICAL SPECIFICATIONS — ROADWAY
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" 2007 EDITION, AS
AMENDED TO DATE, AND THE FOLLOWING SPECIAL PROVISIONS AMENDING
THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART
OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE
GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS:
1. Advertisement for bids, instructions to bidders, proposal, contract form, payment
and performance bond.
2. Construction Plans
3. Technical Specifications
4. FDOT 2006 Design Standards
5. FDOT Standard Specifications for Roadway and Bridge Construction
GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications
for Road and Bridge Construction, 2007 Edition, have been deleted by this Exhibit J -1,
and in some cases replaced by provisions within Exhibit H. For the Contractor's
convenience, the Owner has attempted to identify the provisions(s) in Exhibit H
replacing the deleted sections. However, the Contractor is responsible for reviewing all
contract documents and the Owner's failure to cross reference a deleted section with its
replacement section or sections in Exhibit H shall not relieve the Contractor from
complying with the requirements included in Exhibit H. If a section within the FDOT
Standard Specifications for Road and Bridge Construction, 2007 Edition, is deleted by
this Exhibit J -1 and there is no corresponding replacement provision within Exhibit H,
that section is deleted and not applicable to this project.
Any references in Division II to sections within Division I which have been deleted and
replaced by provisions in Exhibit H shall be treated as references to the applicable
sections within Exhibit H.
GC- CA -K -1
LIST OF REVISIONS TO THE FDOT
STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION, 2007 EDITION
DIVISIONI ............................................................................. ..............................3
GENERAL REQUIREMENTS AND COVENANTS ........................ ............................... 3
SECTION 1 -DEFINITIONS AND TERMS .................................. ............................... 3
SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ............................. 4
SECTION 3 - AWARD AND EXECUTION OF CONTRACTS ...... ............................... 4
SECTION4 - SCOPE OF WORK ................................................ ............................... 4
SECTION 5 - CONTROL OF THE WORK ................................... ............................... 4
SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC... 5
SECTION 8 - PROSECUTION AND PROGRESS ....................... ............................... 7
SECTION 9 - MEASUREMENT AND PAYMENT ...................... ............................... 10
DIVISIONII ............................................................................ .............................11
CONSTRUCTION DETAILS .......................................................... ............................... 11
SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS... 11
SECTION 110 - CLEARING AND GRUBBING .......................... ............................... 11
SECTION 120 - EXCAVATION AND EMBANKMENT ................. .............................12
SECTION 125 - EXCAVATIONS FOR STRUCTURES AND PIPE ........................... 12
SECTION 280 - ASPHALT BASE COURSES .......................... ............................... 13
SECTION 331 - TYPE S ASPHALT CONCRETE ..................... ............................... 13
SECTION 430 - PIPE CULVERTS AND STORM SEWERS ...... ............................... 13
SECTION 575 - SODDING ....................................................... ............................... 13
SECTION 700 - HIGHWAY SIGNING ....................................... ............................... 14
SECTION 710 - PAINTED PAVEMENT MARKINGS ................. ............................... 15
GC- CA -K -2
SPECIAL PROVISIONS
DIVISION I
GENERAL REQUIREMENTS AND COVENANTS
SECTION 1 — DEFINITIONS AND TERMS
ARTICLE 1 -3 Advertisement- Delete the definition of this term in its entirety and
substitute the following in lieu thereof.
"Advertisement. An official Notice to Contractors stating the time and place for
submission of sealed proposals on designated projects or proposed work. This notice
contains a description of the proposed work, instructions to the bidder regarding
proposal forms, proposal guaranty, plans, specifications, and the reservation of the right
of the County to reject any or all bids."
ARTICLE 1 -3
Change Order - Change the first line and part of the second line of this definition to read
as follows:
"Change Order. A written order issued by the Engineer to the Contractor covering minor
changes in the plans..."
ARTICLE 1 -3 Department - delete the definition of this term in its entirety and substitute
the following:
"Collier County Board of County Commissioners ".
ARTICLE 1- 3Engineer - Delete the first four (4) words of the first sentence and substitute
the following in lieu thereof.
"The Transportation Administrator, Collier County, Florida, or his designee... ".......
ARTICLE 1 -3 Holidays - Delete the definition of this term in its entirety and substitute the
following in lieu thereof:
"Holidays. Days designated by the Board of County Commissioners, Collier County, Florida"
ARTICLE 1 -3 Laboratory - Delete the definition of this term in its entirety and substitute the
following in lieu thereof.
"Laboratory - The official testing laboratories of Collier County or other such laboratories as
may be designated by the Engineer."
GC- CA -K -3
ARTICLE 1 -3 Secretary - Delete the definition of this term in its entirety and substitute the
following in lieu thereof.
"1 -3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting
directly or through either the County Manager or the Transportation Administrator."
ARTICLE 1 -3 State - Delete the title and provision of this article in its entirety and substitute the
following in lieu thereof..,
1-3 County. The Board of County Commissioners, Collier County, Florida, as Owner."
SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS
ARTICLE 2 -1 THRU 2 -12 Delete Section 2 in its entirety and refer to "Instructions to
Bidders ", Parts `B" & "C" of the Agreement.
SECTION 3 — AWARD AND EXECUTION OF CONTRACT
ARTICLE 3 -1 THRU 3 -9 Delete Section 3 in its entirety and refer to "Instructions to
Bidders" Parts `B" & °C° of the Agreement.
SECTION 4 — SCOPE OF WORK
ARTICLE 4 -1 THRU 4 -6 Delete Section 4 in its entirety and refer to the "Agreement; Part
"D" of the Agreement.
SECTION 5 — CONTROL OF THE WORK
ARTICLE 5 -1 Delete in its entirety. See Exhibit H.
ARTICLE 5 -2 Delete in its entirety. See Section 1.3 in Exhibit H.
ARTICLE 5 -3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H.
ARTICLE 5 -4 Delete in its entirety. See Section 1.2 in Exhibit H.
ARTICLE 5 -5 Delete the provision of this article in its entirety and substitute the
following in lieu thereof.
"The Engineer shall order changes and execute supplemental agreements as he may decide as
provided for under the Sections of these specifications. The provisions of this article or
elsewhere in this Contract regarding administration by the Owner or action taken pursuant
thereto are not intended to and shall not relieve the Contractor of his responsibility for the
management of the work either as regards sufficiency or the time of performance."
Subarticle 5 -7.6 Delete the provisions of this article in their entirety and substitute
the following in lieu thereof.
GC- CA -K -4
"The cost of performing construction surveying and layout work as described herein shall be
included in the various work items to which it is incidental. No additional payment shall be
made for it.
Additional construction surveying and layout work necessitated as a result of authorized
increases in contract pay quantities shall be included in the affected contract unit prices.
No separate payments shall be authorized by the Engineer ".
ARTICLE 5 -8 Delete in its entirety. See Section 24 in Exhibit H.
ARTICLE 5 -9 Delete in its entirety. See Section 22 & 23 in Exhibit H.
ARTICLE 5 -10 Delete in its entirety. See Section 20 in Exhibit H.
ARTICLE 5 -11 Delete in its entirety. See Section 20 in Exhibit H.
ARTICLE 5 -12 Delete in its entirety. See Section 11 in Exhibit H.
ARTICLE 5 -13 Delete in its entirety. See Section 11 in Exhibit H.
SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC
Subarticle 7 -1.1 The following paragraph is to be added at the end of this sub-
article:
"The Contractor's attention is directed to the fact that the noise generated by his
construction equipment and /or operations must comply with all applicable Federal, State
and local environmental regulations. In the event noise sensitive sites are identified during
construction, the County may direct that effective and /or additional abatement measures
be utilized. The Contractor shall specifically comply with Collier County Ordinance 77 -4 as
amended. No additional or separate payment shall be authorized to comply with the
required abatement measures contained in this ordinance."
Add the following subarticle to Article 7 -2:
Subarticle 7 -2.2.1
"7 -2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner
shall be responsible for developing the PPP in accordance with the terms and conditions
of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water
discharges associated with Construction Activities.
The Contractor, and his subcontractors, shall be responsible for implementing the best
management practices and measures identified in the PPP. The Contractor, and any sub -
contractor must acknowledge that he understands the terms and conditions of the EPA
NPDES General Permit. The Contractor and his subcontractors shall make such
GC- CA -K -5
certification in the attached form entitled "Contractor's Certification Pollution Prevention
Plan (J- 1 -6)." Such certification shall be made part of this contract document.
ARTICLE 7 -5 Delete the provisions of this article in their entirety and substitute the following in
lieu thereof.'
117 -5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow
parties other than the Contractor or its subcontractors, upon presentation of a duly authorized
and satisfactory Collier County Rights -of -Way Permit, to make openings in the existing highway
within the limits of construction. In all such instances, the Contractor will afford parties bearing
such permits reasonable opportunity for the proper execution of the work under Permit including
the right to store materials and equipment. All parties authorized to perform work within the
right -of -way shall make, in an acceptable manner, all necessary repairs due to such openings
and such work ordered by the Engineer shall be subject to the conditions specified in Collier
County Ordinance No. 82 -91."
CONTRACTOR'S CERTIFICATION
POLLUTION PREVENTION PLAN
Facility Identification
Facility Name: Immokalee Road (C. R. 846) Shoulder Improvements
Project No. 60016
Owner: Collier County Board of County Commissioners
Facility Location: Naples, Florida
City: Naples County: Collier State: Florida
Latitude 26 020'00" Longitude: 81 037'11"
Section: 26 Township: 47S Range: 27E
Certification Statement
I certify under penalty of law that I understand the terms and conditions of the general National
Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water
discharge associated with industrial activity from the construction site identified as part of this
certification.
(The certification must be signed by a responsible corporate officer which means a: 1)
president, secretary, treasurer, or vice - president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision - making functions
for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the
proprietor.)
GC- CA -K -6
For:
M
..
Telephone
name of company)
(Principal's Signature) (Date)
(Print or
(Print or Type)
Subarticle 7 -7.2 Expand this subarticle as follows:
"The Contractor's attention is directed to the fact that it will be his responsibility to determine
the means of transport of the oversize and /or overweight structural members from the site of
casting of fabrication to the project site."
ARTICLE 7 -9
Add the following to this article:
"The Contractor must obtain written authorization from the Engineer prior to undertaking any
work associated with the use of explosives. All such operations shall be performed in
compliance with Collier County Ordinance No. 73 -11 and No. 82 -94, as may be amended.
Rock excavation shall be attempted without blasting."
Subarticle 7 -11.1 The following is added to this Subarticle:
"Damage to Collier County Water -Sewer District pipelines and structures shall be
repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No.
97 -17 and all amendments thereto. All other property damaged shall be restored to a condition
similar or equal to that existing before such damage or injury was done by the Contractor, and
at his own expense, or he shall make good such damage or injury in an acceptable manner."
Subarticle 7 -12.1 Delete this subarticle in its entirety. See Section 13 in Exhibit H.
ARTICLE 7 -13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit
8 "Insurance Requirements ".
ARTICLE 7 -14 Delete this article in its entirety. See Section 25 in Exhibit H.
ARTICLE 7 -16 Delete this article in its entirety.
GC- CA -K -7
ARTICLE 7 -17 Delete the provisions of this article in their entirety and substitute the
following in lieu thereof..,
"Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with
purchasing policies adopted by the Owner."
SECTION 8 — PROSECUTION AND PROGRESS
Subarticle 8 -3.1 Delete this subarticle in its entirety
Subarticle 8 -3.2 Delete the provisions of this subarticle in their entirety. See
Section 3 in Exhibit H.
Subarticle 8 -3.3 In the last line delete the phrase "30 days" and substitute the
phrase "90 days" in lieu thereof.
Subarticle 8 -3.5 Delete the provisions of this subarticle in their entirety and
substitute the following in lieu thereof.
"After the award of contract and prior to the issuance of the 'Notice to Proceed with
Contract Work', a conference will be held to discuss the date for the 'Notice to Proceed'
and the effective date to be contained therein, to establish procedures for handling shop
drawings and other submissions and for processing applications for payment, and to
establish a working understanding between the parties as to Contractor's project
management responsibilities.
Present at the conference will be the Contractor and his Subcontractors, Utility
companies and the Engineer. The time and place of this conference will be set by the
Engineer. The Contractor shall be represented at the conference by a person authorized
to speak on behalf of the Contractor, together with all of the Contractor's supervisory
personnel who will be on the project continually, and shall submit all required plans,
sketches, data and other material at that time as specified in the special provisions and
standard specifications. The Contractor shall submit the following minimum information
to the Engineer for his review and approval on or prior to the date established for the pre -
construction conference:
a. Name /qualifications of the Contractor's proposed full -time superintendent.
b. Name qualifications of the Contractor's representative for implementing and
maintaining the Maintenance of Traffic plan during construction.
C. Listing /qualifications of the Contractor's proposed subcontractors.
d. Project Schedule.
e. Maintenance of Traffic plan.
f. Quality Control by the Contractor per section 330 -2 of the standard
specifications.
g. Type /location of Contractor's proposed field office if part of the Contract.
h. Name /qualifications of Contractor's registered land surveyor and /or non-
registered Land surveyor.
i. Name /qualifications or Contractor's safety officer.
GC- CA -K -8
Subarticle 8.3.6 Add the following new subarticle to article 8 -3.
"8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with
and between the Owner field representatives and those of the Contractor, subcontractors,
utility companies, and other parties having an interest in the Contract. The progress
meetings shall be hosted by the Owner and held at locations to be mutually agreed upon
by the Owner and the Contractor at two (2) week intervals, unless otherwise required by
specific construction conditions. The purpose of such meetings shall include, but not be
limited to, discussing all general aspects of the project and specifically addressing
problem areas, schedules, progress payments, and other construction related items and
issues. The Contractor is further obligated to assign a person to each progress meeting
for the express purpose of taking and formally documenting the minutes of the meetings.
The Contractor shall submit formal minutes of each progress meeting in typed format to
the Engineer for his review and approval no later than seven (7) calendar days after the
date on which each meeting was held. The Contractor and the Engineer shall sign the
minutes documents prior to distribution to all attendees."
Subarticle 8 -4.1.1 Add the following new subarticle to article 8 -4.1
"8 -4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays
and weekends, the Contractor shall notify the Engineer seventy two (72) hours in
advance of the time and date on which the Contractor or any of his subcontractors
propose to perform work during such time periods to afford the Engineer ample time to
effectively schedule his inspection personnel in accordance with the Contractor's
timetable."
Subarticle 8 -4.2 Add the following to this subarticle:
"Specific requirements pertaining to the sequence of operations for constructing the
project and maintaining traffic shall be included in the Contractor's project schedule."
Subarticle 8 -4.4 Delete the first paragraph in its entirety and substitute the
following in lieu thereof
"The Contractor shall schedule his work, dispose of his materials, and operate his
equipment in a manner so as to not interfere with or delay the operations of other
contractors engaged in work within or adjacent to the limits of construction under this
Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans
and specifications, coordinate and join his work to that of other contractors in the proper
sequence as may be directed by the Engineer. "Other Contractors" as stated above shall
mean the County, utility companies, or other general Contractors authorized by, or having
separate agreements, with Collier County or the State of Florida Department of
Transportation."
Subarticle 8 -6.3 Delete the provisions of this subarticle in their entirety and
substitute the following in lieu thereof-
"8-6.3 Permission to Suspend Contractor's Operations: The Contractor is not
authorized to suspend or cease construction activities, operations, or maintenance of
constructed improvements, nor remove equipment or materials necessary for the
GC- CA -K -9
uninterrupted continuance of the work, unless such suspensions or cessations of work
are approved by the Engineer in writing.
When the Prime Contractor's operations encounter or expose any abnormal condition
which may indicate the presence of a hazardous waste, toxic waste, or contaminants,
such operations shall cease immediately in the vicinity of the abnormal condition and the
Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal,
wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or
other conditions which appear abnormal may be indicators of hazardous or toxic wastes
or contaminants and shall be treated with extraordinary caution.
Every effort shall be made by the Contractor to minimize the spread of any contamination
into uncontaminated areas. The Contractor will immediately provide for the health and
safety of all workers at the job site, as well as making any provisions necessary for the
health and safety of the public that may be exposed to any potentially hazardous
conditions. Such provisions shall be according to any applicable laws, rules or regulation
covering the hazardous conditions and will be in a manner commensurate with the gravity
of the conditions.
The Contractor will provide access to the area of the potential contamination. Preliminary
investigation by the County will determine what course of action will be necessary for the
security of the site and what steps are necessary under applicable laws, rules, and
regulations for additional assessment and /or remediation work to resolve the
contamination issue. The County will, as soon as possible, delineate the area(s) of
contamination, any staging or holding area that may be required in conjunction with his
work, and, in cooperation with the Contractor and Engineer, develop a work plan that will
provide a schedule of the County's operations with projected completion dates for the
final resolution of the contamination issue. Upon delineation of the contaminated areas
and any staging holding areas associated therewith, the County shall maintain jurisdiction
over all activities therein. The Contractor will also be responsible for providing continuous
access to these areas for the County and for representatives of any regulatory or
enforcement agency having jurisdiction.
The aforementioned schedule shall be used by both Contractor and County as a basis for
planning the completion of both work efforts. Contract time extensions may be granted
by the Engineer to the Contractor according to the provisions of 8- 7.3.2. It will be the
responsibility of the Contractor to cooperate with the County to expedite the integration of
the County's operations into the construction project.
The Contractor will not be expected to engage in routine construction activities such as
excavating, grading, or any type of soil manipulation, or in any construction processes
that may be required to accommodate a construction feature if the handling of
contaminated soil, surface water or ground water is involved in the process. All such
routine construction activities will be by the County. Adjustments to quantities or to
contract unit prices will be made according to any additions or reductions of work on the
part of the Contractor in accordance with Article 9 -3 and Exhibit "H" of the Agreement.
Under no circumstances will the Contractor resume operations in the affected area until
so directed by the Engineer."
Subarticle 8 -10.1 Delete this subarticle in its entirety
GC- CA -K -10
SECTION 9 — MEASUREMENT AND PAYMENT
Subarticle 9.5.1 Delete the third paragraph of this subarticle and substitute the
following:
The Owner will determine the amount retained in accordance with the following schedule:
Percentage of Contract
Amount Completed
Amount Retained
0% to 50% 10% of value of Contract Amount
work completed
50% to 100% 0% of value of work
exceeding
50% of Contract Amount
Subarticle 9 -5.4 Delete the first paragraph of this subarticle and substitute the
following:
"When the Engineer has given the Contractor a written Notice of Final Acceptance, and
the Contractor has furnished to the County all submittals required by the Contract such as
invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final
amount due) and the Engineer has determined that the measurement and computation of
pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the
County elects to deduct for unsatisfied claims for labor or material or for defective work as
provided in 9 -5.3."
Subarticle 9 -5.5.1 Add the following condition to the second paragraph:
"(7) The Engineer will not authorize partial payments for materials stockpiled until
such time as the Contractor furnishes the County evidence of legal title for the materials under
consideration, free of liens or encumbrances of any kind. In addition to the receipt of certified
invoices to document the value of materials received, the Engineer may request a properly
executed Affidavit or Release of Lien attesting to the purchase of such materials."
Subarticle 9 -5.6 Delete the first paragraph in its entirety and substitute the
following:
"The prime Contractor shall certify that all subcontractors having an interest in the Contract were
paid for satisfactory performance of their Contracts and that the retainage is returned to
subcontractors within 30 days after satisfactory completion of all the subcontractor's work and
materials furnished."
Subarticle 9 -6.1 Add a second paragraph that states the following:
"Not later than one month after the date of completion of the project, the Contractor shall furnish
to the Engineer a certification of construction materials procured for the project by the prime and
all subcontractors. This certification shall consist of a summary showing the quantity, unit of
measure and kind of material, name of supplier and inclusive dates of purchase and shall
include an affidavit, all to be completed on forms which are to be furnished by the Engineer or
copies made therefrom."
GC- CA -K -11
ARTICLE 9 -8 Delete the provisions of the second paragraph in their entirety. Delete the
provision of Paragraphs (t), (g) and (h) in their entirety.
ARTICLE 9 -9 Delete the provisions of this article in their entirety and substitute the
following in lieu
thereof.
"9 -9 Payments
(1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or
pending claim between the Prime Contractor and the Owner."
(2) The Engineer will petition the Board of County Commissioners to authorize Release of
Final Payment within ninety (90) days of receipt by the Engineer of all documents which are
required by the Contract from the Contractor with the exception of the Affidavit and Release of
all Claims, and the receipt of a consent letter from the Contractor's Surety for release of
payment of the retained percentage and final estimate to the Contractor. Should the Contractor,
due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's
consent to the Engineer, within sixty (60) days of the above established date, then Final
Payment will be made by the Board of County Commissioners within thirty (30) days of receipt
by the Engineer of said documents. Final Payment shall not be made as to any amount which
is in dispute or the subject of a pending claim; and provided further, that Final Payment shall be
so made as to that subject of a pending claim; and provided further, that Final Payment shall be
so made as to that portion of a Contract or those amounts which are not in dispute or the
subject of a pending claim. Such partial payments, however, shall not constitute any bar,
admission or, estoppel, or have any effect as to those payments in dispute or the subject of a
pending claim. The Contractor will receive the Final Payment within ninety (90) days of receipt
of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit
and Release of all Claims and the Surety's consent to the Engineer, if authorization for Release
of final Payment is given by the Board of County Commissioners pursuant to Section 8 -11.
ARTICLE 9 -11 Add the following article to Section 9.
"9 -11 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work
and before the Final Payment is made, the Contractor shall execute an Affidavit and Release
of All Claims in favor of the Owner in the manner and on the form as contained in the contract
documents."
ARTICLE 9 -12 Add the following article to Section 9.
"Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee
in the form as found in the contract documents ".
GC- CA -K -12
DIVISION II
CONSTRUCTION DETAILS
SECTION 100 —CONSTRUCTION EQUIPMENT —GENERAL REQUIREMENTS
Subarticle 100 -2.1 This subarticle is expanded as follows:
The Contractor is hereby responsible to provide, operate, and maintain all equipment
(motor vehicles, mechanized equipment, and marine operations) in strict conformance
with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal
Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational
Safety and Health Administration.
SECTION 110- CLEARING AND GRUBBING
Subarticle 110 -2.4 Delete the provisions of this article and substitute the following in
lieu thereof.
"The Contractor shall remove and dispose of all boulders encountered within the limits of
construction and which shall not be incorporated into the embankment, as specified
under Section 120."
SECTION 120 — EXCAVATION AND EMBANKMENT.
Subarticle 120 -4.2 Add the following new paragraph to this subarticle:
"Existing suitable bituminous hot mix and surface treatment pavement materials which
are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve
(12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections
160 and 914 of the Standard Specifications and approval of the Engineer. Existing
pavement materials may also be used in the embankment subject to the provisions of
Section 120 of the Standard Specifications."
Subarticle 120 -6.2 Add the following new paragraph to this subarticle:
"Appropriate embankment materials shall be obtained from off -site areas furnished by the
Contractor. As such, it shall be the Contractor's responsibility to secure the necessary
laboratory test, rights, permits etc. to ensure compliance with these specifications and
local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow
pits."
Subarticle 120 -8.2.5 Add the following new subarticle.
"120- 8.2.5. Placing Inside Standard Minimum Slope: All embankment material
obtained from off -site borrow areas to be used for normal embankment construction
GC- CA -K -13
inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing
ration (LBR) strength of at least thirty -five (35)."
SECTION 125 — EXCAVATION FOR STRUCTURES AND PIPE
ARTICLE 125 -1 Add the following after the second to last sentence:
"This section also includes the satisfactory removal of rock strata or rock boulders as may be
encountered within the necessary excavation limits for bridge foundations, box culverts, pipe
culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the
plans or listed in the first sentence herein, including the replacement of select fill (compacted) in
areas of over - excavation."
ARTICLE 125 -13 Add the following statement:
`The cost of excavating all types of materials (unclassified) including the blasting and removal of
rock shall be included in the Contract pay items for structures as contained in the proposal
for this project.
Subarticle 125 -14.4 Delete the provisions of this subarticle in their entirety and
substitute the following in lieu thereof.
"The work of strengthening foundations (as provided in 125 -4.2) shall not be paid for
separately, but rather the costs of undertaking such work shall be included in the various
Contract items requiring excavation."
Subarticle 125 -14.8 Delete this subarticle in its entirety and substitute the following in
lieu thereof
"125 -14.8 Pay Items: No separate payment will be made for excavating and
backfilling for structures under this Section. All costs incidental thereto, including pipe
bedding materials, shall be included in the contract price bid for the structure or items
requiring excavation.
SECTION 280: ASPHALT BASE COURSES
SECTION 280 The entire section from the 2,000 Specifications is herein
incorporated.
SECTION 331: TYPE S ASPHALT CONCRETE
SECTION 331 The entire section from the 2,000 Specifications is herein incorporated.
SECTION 430: PIPE CULVERTS AND STORM SEWERS
Subarticle 430 -4.4 Add the following:
GC- CA -K -14
— "During the grading operations it may be necessary for heavy construction equipment to
travel over an installed pipe. Unless adequate protection is provided, the pipe may be
subjected to load concentrations in excess of the design loads. Before heavy construction
equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to
an elevation at least three feet over the top of the pipe. The fill should be of sufficient
width to prevent possible lateral displacement of the pipe."
Subarticle 430 -7.1 Applies for all pipes including side drains.
Subarticle 430 -12.1 Add the following new paragraph to this subarticle:
"Upon completion of the work, and prior to full payment, all new pipe construction and
existing pipes and structures that are to remain in use will be inspected by the Engineer to
ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning
shall be considered incidental to the various contract items for storm sewer pipes and
structures listed in the proposal"
SECTION 575 — SODDING
ARTICLE 575 -1 Delete the definition of this Article in its entirety and substitute the
following in lieu thereof.
"575 -1 Description. The work specified in the contract calls for establishing a stand of grass,
within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing,
watering, and maintaining the sodded area such as to assure a healthy stand of grass free of
noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal
Agency, any agency of the State of Florida or Collier County Government jurisdiction in which
the project is being constructed shall not be used. The Contractor shall furnish to the Engineer,
prior to incorporation onto the project, a certification from the Florida Department of Agriculture
and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of
noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be
removed by the Contractor at his or her expense.
ARTICLE 575 -2 Delete the definition of this Article in its entirety and substitute the
following in lieu thereof.
Article 575 -2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the
purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be
cut, delivered and /or laid in accordance with the following specifications or the most current and
accepted Horticultural Industry's Standards and Practices whichever is more restrictive.
All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity,
origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site
within a twenty -four (24) hour period after field cutting and shall be laid within a forty -eight (48)
hour period after field cutting. Sod being transported for a time period greater than on (1) hour
shall be covered during transport.
The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the
Premium Grade specified in this Contract shall not establish a lessor standard or relieve the
Contractor from providing the Premium Grade sod as specified for the duration of the Contract
period.
GC- CA -K -15
Premium Sod is defined as meeting the following specifications
Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed.
Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil
containing 50% or greater amounts of organic materials by volume.
Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have
healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall
be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no
more than ten percent (10 %) chlorosis within the top growth and contain no thatch or dead
vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of
undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent
(2 %) of the total sod pad.
Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a
deviation no greater than +/- five percent (5 %). Broken or uneven ended pads will not be
accepted.
Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case
shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia
grasses.
Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick
enough to provide a strength that will support the pad's weight and maintain it's size and shape
when the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section
without tearing apart.
Moisture Content: The sod soil shall contain enough moisture so that the soil is not
excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened,
loose so as not to hold it's shape, and /or hydrophobic in nature.
The materials used in this work shall conform with the requirements of Division III. Specific
references are as follows:
(1) Sod ....................... ............................... Section 981 -2
(2) Fertilizer ................. ............................... Section 982
(3) Water ..................... ............................... Section 983
The use of dolomitic limestone will be required only when so shown in the plans or
specifications. The type of fertilizer to be used and the rate of application shall be as shown in
the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used.
SECTION 700 — HIGHWAY SIGNING
ARTICLE 700 -11 The following new article is added.
"700 -11 Existing Signs. The Contractor is advised that all existing ground mounted and
overhead signs within the project limits shall remain the ownership of the County. All such signs
shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of
the Contract, and shall be removed and relocated to new locations within the project limits as
GC- CA -K -16
deemed necessary and directed by the Engineer. The cost of work specified in this article shall
be included in the Contract.
At the completion of the contract or at such times as may be specified by the Engineer during
execution of the contract, when individual signs are determined by the Engineer as no longer
serving a useful function, the Contractor shall remove, clean, protect from damage, and
stockpile such signs at selected locations within the project limits. The Engineer will deduct
sufficient monies from the partial monthly estimates to cover the costs of signs which are
indiscriminately damaged or destroyed by the Contractor's operations."
SECTION 710 — PAINTED PAVEMENT MARKINGS
ARTICLE 710 -5.4 The following new article is added.
"710 -5.4. Placing of permanent pavement markings on all final asphaltic concrete
surfaces shall not be accomplished prior to 30 calendar days after placement of the final
surfaces. Temporary pavement striping will be required during the 30 day period if the road is
open to traffic. The cost of the temporary striping shall be included in the cost of Maintenance of
Traffic, pay item 102 -1."
GC- CA -K -17
EXHIBIT K
PERMITS
GC- CA -K -18
_x
Page 1 of 1
ordonezJ
From: Sutitarnnontr, Pakorn [psutitar @sfwmd.gov]
Sent: Thursday, November 15, 2007 3:31 PM
To: ordonezJ
Subject: RE: Coordination meeting
Attachments: Chapter 40E-4 pdf
Dear Mr. Ordonez:
Please find the attached file for Chapter 40E-4 Environmental Resource Permits, The exemption from permitting
is in Chapter 40E4 051, beginning from page 4 -8 to 4 -15 One of the exemptions is for%inor roadway safety
projects! item (11) on naae 4 -15_ including road widening and shoulder paving projects which do not result in the
creation of additional traffic lanes
Please do not hesitate to contact me with any questions,
Pakorn Sutitarnnontr
Big Cypress Basin
Phone: (239) 263 7615 ext 7621
Fax: (239) 263 8166
From: ordonez_ [ mailto :JulioOrdonez @colliergov,net]
Sent: Thursday, November 15, 2007 2:08 PM
To: Sutitarnnontr, Pakorn
Cc: Bathon_d
Subject: Coordination meeting
Hi, Pakom:
We'd like to thank you for you review and comments of some of our small projects in Collier County at our
coordination meeting on November 6 At the end of the meeting you mentioned that you would be e-
mailing information to us regarding the process for exempt projects. Have you had the chance to look for
that information? We'd like to mail our letters for each project as soon as possible.
Thanks!
Julio F, Ord6hez, P E
Principal Project Manager
Collier County Transportation Engineering
& Construction Management Department
(239) 774 -8192
11/15/2007
i
Environmental Resource Permits Chapter 40-4 Effective Sept. 9, 2007
regulatory signs, and buoys associated with such aids, provided that the devices are
marked in accordance with Section 327.40, F S.
(8) Construction of Freshwater Fish Attractors.
Construction of freshwater fish attractors by Florida Game and Fresh Water Fish
Commission, U.S Forest Service, and county and municipal governments, provided that
the material to be used shall be clean concrete, rock, brush, logs, or trees, and shall be free
of soils, preservatives, oil, grease, debris, litter, putrescible substances, "white goods,"
asphalt materials, tires, or other pollutants, and shall be firmly anchored to the bottom of
the waterbody. The size of an individual fish attractor shall not exceed one quarter of an
acre in area The material shall be placed so that the top of the fish attractor is at least
three (3) feet below the surface of the water at ordinary low water and shall be outside any
posted navigational channels. No fish attractor material shall be placed on or in areas
vegetated by native aquatic vegetation. The site shall be marked with a buoy or buoys to
ensure that no material is deposited outside of the site.
(9) Installation of Piling Support Structures Associated With Water Testing or Monitoring
Equipment by the Department or the District. Installation of piling support structures
associated with water testing or monitoring equipment by the Department and Water
Management Districts, provided that flow or navigation are not impeded,
(10) Agriculture, silviculture, floriculture, and horticulture as specified in Section
373.406(2) and (3), F.S , provided that:
(a) Alteration of the topography of any tract of land for purposes consistent with the
practice of agriculture, silviculture, floriculture and horticulture, provided such alteration may
not be for the sole or predominant purpose of impounding or obstructing surface waters.
(b) Construction, operation, or maintenance of any agricultural closed system. This
exemption does not eliminate the necessity to meet generally accepted engineering
practices for construction, operation, and maintenance of dams, dikes, or levees.
(11) Minor Roadway,Safety Projects'.
The construction of the following minor roadway safety projects provided that the capacity
of existin swales ditches, or other stor s is not re uce ; the
pr tec s are not located wit in wetlands or other surface waters; and the projects include
best management practices during construction to prevent secondary impacts in adjacent
wetlands or other surface waters due to erosion and sedimentation:
(a) Sidewalks,
(b) Turnlanes less than 0.25 miles in length and other intersection improvements,
(c) Road widening and shoulder paving projects which do not result in the creation of
additional traffic lanes_
(12) Recreational Paths.
Recreational paths that are not located within wetlands or other surface waters; include
best management practices during construction to prevent secondary impacts in adjacent
wetlands or other surface waters due to erosion and sedimentation; that have a width of
eight feet or less for unidirectional paths and twelve feet or less for bidirectional paths; and
which do not allow motorized vehicles powered by internal combustion engines except for
maintenance and emergency vehicles.
Specific Authority 373 044, 373 113, 373.171 FS Law Implemented 373 406, 373 413,
373 416, 403.813(2) FS History —New 9 -3 -81, Amended 1- 31 -82, 3 -9 -83, Formerly 16K-
4.02, Amended 4- 20 -94, 10 -3 -95, 5- 28 -00, 9 -2 -01, 4- 14 -03, 9 -9 -07.
4 -15
EXHIBIT L
STANDARD DETAILS
GC- CA -L -1
EXHIBIT M
PLANS AND SPECIFICATIONS
GC- CA -M -1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC- CA -N -1
ITEM NO.:
FILE NO.:
ROUTED TO: OS'- 10R0
DATE RECEIVED:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: February 25, 2008
-
To: Robert Zachary
iv
Assistant County Attorney
A rr
From: Brenda Brilhart
Purchasing Agent
NO
239 - 252 -8446
On
`
Re: Contract # 08 -5029 Immokalee Road Shoulder Improvements — Pratt Road
To Sanctuary Road
Contractor: Better Roads Inc.
BACKGROUND OF REQUEST: �Z
This contract was approved by the BCC on Februa 008; Agenda Item
16. B.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
w�6.as'
Z'
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: February 25, 2008
RE: Review of Insurance for Contract No. 08 -5029 Immokalee
Road Shoulder Improvements — Pratt Road to Sanctuary
Road
Contractor, Better Roads Inc.
This Contract was approved by the BCC on February 12, 2008;
Agenda Item 16.13.3
Please review the Bonds and Insurance Certificate in this Agreement
for the above - referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
r"cJL_-p-e_�
r,�L/Z' - 6 -ijr
MEMORANDUM
Date: February 27, 2008
To: Brenda Brilhart, Purchasing Agent
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Contract #08 -5029:
"Immokalee Road Shoulder Improvements — Pratt Road
to Sanctuary Road"
Contractor: Better Roads, Inc.
Attached please find one (1) original contract document, as referenced
above, (Agenda Item #16113) approved by the Board of County
Commissioners on Tuesday, February 12, 2008.
The second original contract has been retained in the Minutes and
Records Department and will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252 -8411.
Thank you.
Attachments (1)