#08-5027 (JRL Design)Bayshore Drive Bridge Lighting & Landscape Installation
COLLIER COUNTY BID NO. 08 -5027
COLLIER COUNTY, FLORIDA
Design Professional:
JRL Design
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
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"A COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252 -8446
FAX (239) 530 -6697
ADDENDUM
DATE: June 20, 2008
TO: Interested Bidders
FROM - Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: Bid # 08 -5027— Bayshore Drive Bridge Lighting &
Landscape Installation
Addendum # 1 covers the following change for the above - referenced Bid:
REPLACE: Bid Schedule — the award of this bid will be on the total bid (base plus any alternate
that is selected). Bidder must submit the Addendum #1 bid schedule to be considered for award.
ADD: CONTRACTOR PRE - QUALIFICATION FORM (attached) — please return this form with
the bid to be considered for award.
CLARIFICATION: Once removed, existing poles will be returned to the County's Transportation
office.
If you require additional information please call me at 239/252 -8446 or by e-mail at
brendabrilhart@colliergov.net.
cc: Darryl Richard, Transportation
Cofter County
CONTRACTOR PRE - QUALIFICATION FORM
This questionnaire shall be used as a basis for evaluating the safety, health and environmental qualifications of
contractors and sub - contractors, who may wish to perform services for the Board of County Commissioners of Collier
County Government. Once approved, qualification shall remain in effect for the duration of the specific project and /or
service referenced below and re- qualification may be necessary for each additional project. Attach additional pages
(typed or word processed only) where there is not enough room to supply the requested information below.
THIS DOCUMENT SHALL BE RETURNED TO COLLIER COUNTY GOVERNMENT'S r.M ET i IW ❑ TH ❑F
PURCHASING DEPARTMENT NO LATER THAN:
/ /20__ @ 5:00
PM
Project Name:
Project Location:
Potential Scope of Work (Site - clearing, Demolition, Utilities, etc.):
Company Name: Type of Company:
General /Prime Contractor
Sub- Contractor
I Vendor /Supplier
Physical Address: Phone Number(s):
City: State:
Website: E -Mail:
Name of Owner /PresidenttGeneral Manager:
Years in Business: Local Address (If different than above)
Type of Business:
Corporation I Joint Venture
LI Partnership I I Sole Proprietor
Fax Number(s):
Zip:
Has your company ever worked for Collier County Government? If Yes, list the most recent YES --NO
project below.
Most Recent Project Name:
Will your company and its payroll employees actually perform the proposed work or will
your company be sub - contracting ANY portion of the work? If you plan to sub - contract any i WILL DO ALL WORK
portion of your proposed work, list each work task/phase that will be sub - contracted: (8)
WILL SUB SOME WORK
(4)
ii WILL SUB ALL WORK
(1)
UNKNOWN AT THIS TIME
(0)
Refer to above question. If you plan to sub - contract any portion of proposed work, do you fully
understand that your company is equally responsible for ensuring that ALL sub - contractors YES n No _i NIA
performing work must also meet the minimum guidelines set forth within this pre - qualification? (a)
What is your company's Incident rate for the last 3 years? 20_ _ = 20_ _ = 20 _ _ _
The formula for calculating your incident rate is as follows: (Number of injuries and illnesses X200 000) /Employee hours
worked= Incidence rate. Information may also be found at http : / /www.bis.gov /iif /osheval.htm
What is your company's Experience Modification Rate (EMR) for the last 3 years? An EMR should be issued to your
company annually by your worker's compensation insurance carrier. Attach documentation from insurance carrier.
20_ _ = 20_ _ = 20 _ _ =
Based on your company's EMR and IR, as listed above, select the category below based on the most recent year's
data:
Category Experience Incident Rate (IR)
Modification
Rate (EMR)
Selection Rating
A .88 or less 3.50 1 Outstanding - Preferred Status
(8)
B 1.00 or less > 3.50 but < 7.50 1 I Conditional - All EHS programs /documentation to be evaluated
(3)
C 1.00 or more > 7.50 but < 13.50 I Probationary - Overriding factors must exist to be allowed to bid
(0)
Insurance Company Name (If more than 1, attach additional pages and reference below):
Agent/Contact Name:
Physical Address: Phone Number(s): Fax Number(s):
City:
Website:
State:
E -Mail:
Zip:
Does your company hold any specialty licenses or certifications that may apply to this project? If
yes, list below and /or attach additional pages and reference below: Yes ii NO
(2)
During the past 5 years, has your company or any of its personnel had any business related
licenses, certifications and /or designations revoked or suspended? If yes, list the specific license, i YES n No
certificate or designation, its status and explain why it was revoked or suspended: H)
EX. John Doe - Professional Engineer (P. E) - Suspended - Failed to meet minimum continuing
education credits for renewal.
During the past 5 years, has your company or any of its personnel been suspended, debarred,
disqualified or otherwise declared ineligible to bid on any City, County, State or Federal Project? YES ri No
If yes, explain below: (1)
During the past 5 years, has your company failed to meet scheduled project completion dates?
If yes, explain below: ( YES No
(1)
Does your company understand that all applicable environmental, health and safety regulations YES NO
(OSHA, EPA, NFPA, NASI, etc.) MUST be followed at all times? lfyou answerno to this question, (4)
stop filling out this questionnaire, rill out the declaration information on the last page and submit.
Does your company have a full -time safety director, manager or equivalent position? If no or n /a,
explain below: Yes No N/A
(4)
Name: Phone #: E -Mail:
List all designations, certifications and /or education held by your company's safety staff that qualifies him /her to fill this
position (Attach additional pages, if necessary):
In addition to full -time safety staff, does your company ensure that "competent persons" are
available for all hazardous tasks? If no or n /a, explain below: NOTE: THE COMPETENT PERSON ❑YES " NO ! 1 N/A
(4)
CHECKLIST MUST BE SUBMITTED PRIOR TO AWARD OFANY PROJECT.
Does your company have a current written safety programs manual? If no, explain below:
❑ YES i.; NO
(4)
Does your company's written safety programs manual account for all types of work that will be
performed by your employees? If no, explain below: (4) YES i i NO
Does your company have a documented safety orientation program? If no, explain below:
r'. YES ii NO
(4)
Does your company develop site- specific written safety programs? If no, explain below:
! i YES is NO n N/A
(4)
Does your company develop and document site - specific safety orientation programs? If no,
explain below: !YES NO N/A
(3)
Does your company develop and hold "site safety/tool box talks "? If yes, check frequency below:
❑ YES i i NO _ NIA
Frequency: Daily - Once Weekly a Twice Weekly i i Bi- Monthly i i Monthly Other (2)
Does your company maintain inspection and maintenance records for owned equipment, such as
but not limited to cranes, excavating equipment, scaffolding, etc? If no, explain below: 0 YES ri NO N/A
(3)
Does your company conduct annual driving record reviews of personnel who drive motor
vehicles? If no, explain below: Yes No : NIA
Has your company been cited by OSHA for ANY violation in the past 5 years? If yes, explain
below and attach copies of OSHA citations: ! i YES NO
(4)
Has your company been cited by OSHA for any SERIOUS AND /OR WILLFUL violations in the
past 5 years? If yes, explain below and attach copies of OSHA citations: (4) YES n NO
Has your company experienced any work related death in the past 5 years? If yes, list the
following and attach the most recent 3 years OSHA 300 logs and summary pages:
- Type of work employee was performing at time of death: YES NO
(4)
- Direct Cause of death (fall from height, crushing, etc.):
- Root Cause(s) of death (no PPE, failure to train, etc.):
Does your company understand that obtaining and using all applicable environmental, health and
safety related equipment, materials and personal protective equipment necessary to safeguard YES : NO
Your employees is the responsibility of your company and /or your respective sub - contractors? (4)
Does your company maintain a quality assurance
If no or n /a, explain below:
DYES NOON/A
(3)
If yes, does your company understand that the following are the minimum components expected
within the company's Quality Assurance Program: ves No N/A
(3)
• A description of the organizational structure,
responsibilities, levels of authority and Mgt. functions.
• Quality Improvement Procedures
• Design Procedures
• Personnel Training and Qualifications
• Control of documents and records
• Work Processes
• Procurement Product identification and traceability
• Inspection and Acceptance Testing Control of testing equipment
• Control of non - conforming product Corrective and preventative action protocols
• Handling, storage and shipping procedures Management assessment
Section - I
Incident Rate (IR) Documentation
- YES
NO
❑ N/A
Section - I
Experience Modification Rate (EMR) Documentation
YES
NO
n N/A
Section - I
All applicable specialty licenses or certifications
'' YES
NO
I i N/A
Section -11
Safety Professionals licenses, designations, certifications
I YES J
NO
n N/A
Section - II
Competent Person Checklist (Refer to Contractor Safety
i i YES j
NO
❑ N/A
Program)
Section - 11
Written Safety Programs manual (Required if EMR /IR
n YES n
NO
N/A
Category B or C)
Section - II
OSHA Violations Documentation
YES i i
NO
.. N/A
Section - 11
OSHA 300 Logs & Summary Pages (Last 3 Years)
YES .
NO
ri N/A
Section - III
Quality Assurance Program
YES
NO
i 7 N/A
All pre - qualification submittals and attached documentation shall be delivered to Collier County's Purchasing
Department at the following location:
Collier County Government
Purchasing Department
3301 East Tamiami Trail
Naples, FL 34112
INITIALS
Questions related to completion of this document can be obtained by contacting the EHS Manager and /or EHS Specialist
@ 239 - 252 -8461.
THIS AREA INTENTIONALLY LEFT BLANK
I (printed full name)
am the (position or title)
Management's
of (company
being first duly sworn, hereby declare that I
and that I am duly authorized to execute this declaration statement of behalf of this company. I acknowledge that any
known false, deceptive or fraudulent statements on this validation will result in denial of pre - qualification. I hereby
state:
I i This pre - qualification application dated
is correct and current as submitted.
[ This pre - qualification application dated // is correct and current as submitted, except as
modified by the attached changes and /or additional attached pages.
SIGNATURE:
I (printed full name)
am the (position or title)
Safety Professional's Declaration
of (company
being first duly sworn, hereby declare that I
and that I am duly authorized to execute this declaration statement of behalf of this company. I acknowledge that any
known false, deceptive or fraudulent statements on this validation will result in denial of pre - qualification. I hereby
state:
I i This pre - qualification application dated / / is correct and current as submitted.
This pre - qualification application dated _// is correct and current as submitted, except as
modified by the attached changes and /or additional attached pages.
SIGNATURE:
THIS AREA INTENTIONALLY LEFT BLANK
(Business Operations Verification)
(8 graded items/34 possible points)
Points total - Section II:
(EHS Verification)
(15 graded items /54 possible points)
Points total - Section III:
(Quality Assurance Verification)
(2 graded items /6 possible points)
Points total - Section IV:
(Document Submittal Verification)
(6 possible points for all docs or
none needed; 0 points for missing
docs)
Section Comments:
MUST SCORE 33 EHS POINTS MINIMUM (60 %)TO PRE - QUALIFY REGARDLESS OF OVERALL
SCORE
Section Comments:
Section Comments:
_ C Excellent - Preferred Status ContractorNendor 90-100%
Pre - Qualification Score: L i Above Average - Good Standing Contractor/Vendor 80-89%
(Maximum Points = 100) [ 1 Average - Acceptable Contractor/Vendor 70-79%
(Cut -Off Score = 60) . L_! Marginal - EHS Activities need significant improvement 60-69%
Unacceptable - Should not be awarded project Below 60%
Based on the score listed above and a thorough review of attached documents, the following actions
have been taken in regard to this pre - qualification application:
Approved, with no conditions and /or restrictions - Company may be allowed to bid on the referenced project
I I Approved, with the following conditions - Company may be allowed to bid on the referenced project, but must
address the conditions listed below prior to project start date, should the bid be awarded.
2.
3.
I Rejected - Business Operations qualifications not met (see conditions below).
i Rejected - EHS programs not acceptable (see conditions below).
Rejected- Required documentation is missing
If your pre - qualification application was rejected, the following conditions must be met in order to attempt to re- qualify:
1
PA
3.
ALL RE- SUBMISSIONS SHALL INCLUDE ANY CORRECTED DOCUMENTS WITH ❑ M ❑ T ❑ W PITH ❑ F
HIGHLIGHTS SHOWING THE CORRECTED AREAS AND SHALL BE DELIVERED
NO LATER THAN THE DATE/TIME LISTED TO THE RIGHT. / / 20 _ _ @ 5:00 PM
EHS SPECIALIST SIGNATURE EHS MANAGER SIGNATURE
RISK MANAGER SIGNATURE DIRECTOR OF RISK MANAGEMENT SIGNATURE
W
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BrilhartBrenda
From: RichardDarryl
Sent: Friday, June 20, 2008 8:30 AM
To: BrilhartBrenda; sillery—t
Subject: Re: DRAFT Addendum Bid 08 -5027 Bayshore Bridge Lighting
Brenda
Addendum meets my approval
Please send it out
Darryl
- - - -- Original Message---- -
From: BrilhartBrenda
To: sillery_t; RichardDarryl
Sent: Fri Jun 20 08:22:59 2008
Subject: RE: DRAFT Addendum Bid
08 -5027 Bayshore Bridge Lighting
Tessie, this will not involve a P0, but needs Darryl's approval today. Please follow up
with him, thanks Brenda
From: sillery_t
Sent: Friday, June 20, 2008 8:09 AM
To: BrilhartBrenda; RichardDarryl
Subject: RE: DRAFT Addendum Bid 08 -5027 Bayshore Bridge Lighting
Status? What is the advertising date? When will this go out? I am leaving early today —
if you need a po request. Let me know, for NDN.
From: BrilhartBrenda
Sent: Wednesday, June 18, 2008 4:45 PM
To: RichardDarryl
Cc: sillery_t
Subject: DRAFT Addendum Bid 08 -5027 Bayshore Bridge Lighting
Importance: High
Hi Darryl, attached is a quick first draft of the addendum and bid schedule. Please review
(specifically page 2 of the schedule). There needs to be more detail for Alternate 2.
This is due next week, so expediency is critical. Let's try to get this out tomorrow,
thanks Brenda
c< File: 08 -5027 ADD # 1 Bid Schedule.xls >> << File: 08 -5027 Add #l.doc >>
1
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 (LAP FUNDED)
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by JRL Design
and identified as follows: Bayshore Drive Bridge Lighting &
Landscape Installation
as shown on Plan Sheets 1 through 6.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Bayshore Drive Bridge Lighting & Landscape Installation
COUNTY BID NO. 08 -5027
Separate sealed bids for the construction of Bayshore Drive Bridge Lighting and
Landscape, 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
26th day of June 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 16th
day of June 2008, 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, Bayshore Drive Bridge Lighting & Landscape
Installation, Bid No. 08 -5027 and Bid Date of June 26, 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 on the
Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5 %) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
GC -PN -1
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 one
hundred and twenty (120) 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 27th day of May 2008.
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 -I B -2
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
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.
GC -I B -4
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.
GC -I B -5
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
ICIGM II�
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 COUNTY, FLORIDA
Bayshore Drive Bridge Lighting & Landscape Installation
BID NO. 08 -5027
Full Name of Bidder E. B. Simmonds Electrical, Inc.
Main Business Address 4406 Exchange Ave., #105
Place of Business 4406 Exchange Avenue., #105
Telephone No. (239) 643 -2770 Fax No. (239) 643 -6873
State Contractor's License # EC0000735
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 farm 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
Bayshore Drive Bridge Lighting & Landscape Installation
Bid No. 08 -5027
Bid Schedule Provided Under Separate File
Bid Schedule Provided in Separate File
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d.
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize 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
1. Street Lights
2. PVC Conduit
Lumec
Carlon
MANUFACTURER
1 Conductor Southwire
Ell
5.
Dated 6/26/2008
E.19. Simmonds Electrical, Inc.
B der
BY:
GC -P -3
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list 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. Landscaping Renfroe & Jackson
2.
3.
Q
0
Dated 6/26/2008
go
GC -P -4
2550 Garland Rd;
Naples, FL 34117
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
1. Collier County Project No. 65061
Signalization, Interconnect and
Street Lighting Collier Blvd. from
Golden Gate Blvd to Immokalee Rd.
Intersection Improvements
Collier County
Livingston Road @ Pine Ridge
3. Street Lighting
Collier County
Livingston Road @ Marbella
4. CAT Maintenance and Administrative
Facility Site Lighting
Collier County — Radio Road
5. Site Lighting
Various Collier County Parks
East Naples, Stracher Petty
6. Emergency Signal
Collier County
Bayshore Dr @ Jeepers
Dated 6/26/2008
Refrences
Better Roads
1910 Seward Avenue
Naples, FL 34104
Contact: Robbie Powell /(239) 597 -2181
Bonness, Inc.
1990 Seward Avenue
Naples, FL 34105
Contact: Dave Crosby / (239) 597 -6221
Mitchell and Starke Construction
6001 Shirley St.
Naples, FL 34109
Contact Russ DeJunge / (239) 597 -2165
Collier County Facilities Mngmt.
3301 Tamiami Trail East
Naples, FL 34112
Contact: Mark Callis / (239) 252 -8380
Collier County Parks & Rec
15000 Livingston Rd.
Naples, FL 34109
Contact: Rick Garby / (239) 254 -4055
East Naples Fire District
4901 East Tamiami Trail, Suite #200
Naples, FL 34113
Contact: Chief Rob Pottiger / (239) 774 -7111
GC -P -5
1.
2.
3.
4.
5.
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) L( F,SY)
N/A
TOTAL $ N/A
Failure to complete the above may result in the Bid being declared non - responsive.
Dated 06/26/2008 E^ B./Simmonds Electrical, Inc.
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
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred (100)
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 twenty (20) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the
last day of such period.
Respectfully Submitted:
State of Florida
County of Collier
E. B. Simmonds 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.
E B Simmonds 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
E B Simmonds Electrical Inc. and the full
names of its officers are as follows:
President E. B. Simmonds
Secretary Lyne B. Simmonds
Treasurer Lyne B. Simmonds
Manager Bernie Simmonds
The President is authorized to sign construction
bids and contracts for the company by—action—of—its— Board —of-- Directors-- taken-
, 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
NO=]
legal entity
STATE OF Florida
COUNTY OF Collier
BY: E. B. Sim Ends Electrical Inc
Nam der (Typed)
Sig
President
Title
The foregoing instrument was acknowledged before me this 26th day of June
2008, by E. B. Simmonds as President of _
E B Simmonds Electrical Inc. , a Florida corporation,
on behalf of the corporation. He /she is personally known to me or has produced
personally known as identification
and did (did not) take an oath.
My Commission Expires:
06/08/2012 (Sigy,ature of Notary)
NAME: Nyla Elman
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of Florida
Commission No.: DD795867
pV A.&k Notary Public State of Florida
?° Nyla Dawn Elman
My Commission DD795867
ar po°E Expires D6108.
610 8 /2 01 2
GC -P -9
KNOW ALL MEN BY THESE PRESENTS, that we E. B. Simmonds Electrical
(herein after called the Principal) and
(herein called the
Surety), a corporation chartered and existing under the laws of the State of
with its principal offices in the city of and authorized to do
business in the State of are held and firmly bound unto the
full and just sum of
(hereinafter called the Owner), in the
dollars
($ ) 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
Bayshore Drive Bridge Lighting & Landscape Installation
Bid No. 08 -5027
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 $ 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 26th day of June 2008.
Call
Countersigned
Local Resident Producing Agent for
GC -P -11
Principal
(Seal)
Surety
(Seal)
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, signature forms etc. have been
included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. 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:
pBid Number;
pProject Name;
aOpening 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
0
DATE: 6/26/2008
raommPA
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:
E. B. Simmonds Electrical Inc.
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested
or affected party as defined under Section XXIX of the Collier County Purchasing
Policy.
2. They are not nor have not been debarred or suspended by any public
entity within the last five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact
upon which reliance was placed when this submission was entered and
evaluated. Further, should it subsequently be determined that the signatory
knowingly or unknowingly rendered an erroneous declaration; the County shall
reserve the right to reject the bid offer associated with this declaration and /or
suspend /debar the bidder /signatory.
4. They shall provide immediate written notice to the person to whom this
proposal is submitted if at any time they learn that its declaration was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this agreement, unless otherwise authorized by the Collier County
Purchasing /General Services Director.
The bidder shall sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A)I hereby declare that my firm nor its principals is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any public agency.
E.B. SImmonds, President
Name(s) and Title(s) of Authorized Representative(s)
GC- CA -1 -12
immonds Electrical Inc.
6/26/08
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 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
GC- CA -1 -13
"A COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252 -8446
FAX (239) 530 -6697
ADDENDUM
DATE: June 20, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #1: Bid # 08 -5027— Bayshore Drive Bridge Lighting &
Landscape Installation
Addendum # 1 covers the following change for the above - referenced Bid:
REPLACE: Bid Schedule — the award of this bid will be on the total bid (base plus any alternate
that is selected). Bidder must submit the Addendum #1 bid schedule to be considered for award.
ADD: CONTRACTOR PRE - QUALIFICATION FORM (attached) — please return this form with
the bid to be considered for award.
CLARIFICATION: Once removed, existing poles will be returned to the County's Transportation
office.
If you require additional information please call me at 239/252 -8446 or by e -mail at
brendabrilhart @colliergov.net.
cc: Darryl Richard, Transportation
Y
"A COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 252 -8446
FAX (239) 530 -6697
ADDENDUM
DATE: June 23, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum #2: Bid # 08 -5027— Bayshore Drive Bridge Lighting &
Landscape Installation
Addendum # 2 covers the following change for the above - referenced Bid:
REPLACE: Bid Schedule — the award of this bid will be on the total bid (base plus any
alternate that is selected). Bidder must submit the Addendum #2 bid schedule to be
considered for award. Alternate #2 is deleted.
If you require additional information please call me at 239/252 -8446 or by e -mail at
brendabrilhart@colliergov.net.
cc: Darryl Richard, Transportation
Enc: Bid Schedule
14�
4406 Exchange Avenue, #105
Naples, FL 34104 -7024
POLICY STATEMENT
E. B SIMMONV
ELECTRICAL, INC.
Utilities • Street Lighting • Generators
Industrial and Commercial
DBE AFFIRMATIVE ACTION PLAN
275-03041
EQUAL OPPORTUNITY OFFICE
02109
Page 5 0( 9
Tel: (239) 643 -2770
Fax: (239) 643 -6873
It is the policy of E. B. Simmonds Electrical Inc. that disadvantaged businesses,
as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14 -78, F.A.C., shall have the
opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of
Transportation.
The requirements of Rule Chapter 14 -78, F.A.C., shall apply to all contracts entered into between the Florida
Department of Transportation and E. B. Simmonds Electrical Inc.
Subcontractors and/or suppliers to E. B. Simmonds Electrical inc.
will also be bound by the requirements of Rule Chapter 14 -78 FA.C.
E. B. Simmonds Electrical Inc. , and it's subcontractors shall
take all necessary and reasonable steps in accordance with Chapter 14 -78, F.A.C., to ensure that disadvantaged
businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation.
E. B. Simmonds Electrical Inc. , and its subcontractors shall not
discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts
with the Department of Transportation.
E. B. Simmonds Electrical Inc. , has designated and appointed
a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison
Officer will be responsible for disseminating this policy statement throughout E. B. Simmonds Electrical Inc. t;
and to disadvantaged controlled businesses. The statement is posted on notice boards of the C mpany.
0
X G•2 (. -08
f,
June 26, 2008
President
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275 - 030 -11
ANTICIPATED DBE PARTICIPATION STATEMENT
EQUAL OPPORTUNI OFFICE
ovoE
Page 2 of 8
1, FINANCIAL PROJECT NO.
2. FAP NO.
3. CONTRACT NO.
4. COUNTY(IES)
5. DISTRICT
08 -5027
Collier
6. PRIME CONTRACTOR NAME
7. FEID NUMBER
E.B. Simmonds Electrical Inc.
65- 0086160
8. CONTRACT DOLLAR AMOUNT
$70,071.31
9. REVISION? no IF YES, REVISION NUMBER:
—
10. IS THE PRIME CONTRACTOR A FLORIDA
CERTIFIED "DBE "? (DISADVANTAGED
BUSINESS ENTERPRISE)
® NO
❑ YES
11. IS THE WORK OF THIS CONTRACT
CONSTRUCTION ® OR MAINTENANCE ❑?
12. ANTICIPATED DBE SUBCONTRACTS:
DBE SUBCONTRACTOR or SUPPLIER
��
TYPE OF WORK/SPECIALTY
]FD
OLLAR AMOUNT
PERCENTS OF
CONTRACT
DOLLARS
nia
B
_
D
E
E
11A TOTAL DOLLARS TO
DOE'S
11B TOTAL PERCENT OF
CONTRACT
$0.00
0.00%
13. SUBMITTED BY 12.DATE
13. TITLE OF SUBMITTER
Lyne Simmends 6/25/08
Controller
14. EMAIL ADDRESS OF SUBMITTER
15. FAX NUMBER
16. PHONE NUMBER
lyne @ebsimmondselectrical.com
239 643 -2770
239 643 -6873
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY
FUNDED FOOT COIVT12AC S. THE 'ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF HE
CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FOOT STAFF
FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE.
THE FOLLOWING SECTIONS ARE FOR FOOT USE
17 PROCESSED BY
18. DATE TO ED OFFICE
19. LETTING DATE
20. EXECUTED DATE
21. PRECON CONE DATE
DIS
T
22.SUBMITTEDTO ED BY
❑ FAX ❑ EMAIL
❑ SHARED FOLDER
—
EO
23 .INCLUDED IN DBE PARTICIPATION REPORT OF (M1DN
OFC
27503411
EQUAL OPPORTUNITY OFFICE
OM8
Page 8 of 8
DESIGNATION OF LIAISON OFFICER
Lyne Simmonds will aggressively recruit disadvantaged
businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company
has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements
of Rule Chapter 14 -78, F.A.C.
The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's
utilization of disadvantaged subcontractors in addition to the following specific duties:
(1) The Liaison Officer shall aggressively solicit bids from disadvantaged business
subcontractors for all Florida Department of Transportation contracts,
(2) The Liaison Officer will submit all records, reports, and documents required by the Florida
Department of Transportation, and shall maintain such records for a period of not less than
three years, or as directed by any specific contractual requirements of the Florida Department
of Transportation.
The following individual has been designated Liaison Officer with responsibility for implementing the Company's
affirmative action program in accordance with the requirements of the Florida Department Transportation.
Lyne Simmonds
E.B. Simmonds Electrical Inc.
4406 Exchange Ave #105
239 643 -2770
65- 0086160
II. AFFIRMATIVE ACTION METHODS
In order to formulate a realistic Affirmative Action Plan, E. B. Simmonds Electrical Inc.
has identified the following known barriers to participation by disadvantaged subcontractors, before describing its
proposed affirmative action methods:
1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work;
2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation
work;
3. Lack of interest in performing on Florida Department of Transportation contracts,
4. Lack of response when requested to bid;
5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a
responsible bid.
In view of the barriers to disadvantaged businesses stated above, it shall be the policy of
E. B. Simmonds Electrical Inc. to provide opportunity by utilizing the following
affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation.
E. B. Simmonds Electrical Inc. will
1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be
subcontracted by the Company,
2. Advertise in minority focused media concerning subcontract opportunities with the Company,
3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract
goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate
DBE participation),
270 030 -11
EQUAL OPPORTUNITY OFFICE
ovoa
Page 7 of 8
4. Provide adequate information about the plans, specifications, and requirements of the contract, not
rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities,
5. Waive requirements of performance bonds where it is practical to do so,
6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged
subcontractors of opportunities with the Company,
7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the
DBE company is interested in the subcontract opportunity.
E. B. Simmonds Electrical Inc. understands that this list of affirmative
action methods is not exhaustive and will include additional approaches after having established familiarity with the
disadvantaged subcontracting community and /or determined the stated approaches to be ineffective.
IMPLEMENTATION
On contracts with specific DBE goals, E. B. Simmonds Electrical Inc.
will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no
specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be
subcontracted.
IV. REPORTING
E. B. Simmonds Electrical Inc. _ shall keep and maintain such records as
are necessary to determine the Company's compliance with its DBE Affirmative Action Plan
The Company will design its record keeping system to indicate.
1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work,
materials and services provided,
2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources,
1 Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc.,
to obtain DBE participation on all Florida Department of Transportation projects,
4. The Company shall comply with Florida Department of Transportation's requirements regarding
payments to subcontractors including DBEs for each month (estimate period) in which the
companies have worked.
V. DBE DI R E C I0R-'
E. B. Simmonds Electrical Inc. — will utilize the DBE Directory published
by the Florida Department of Transportation.
The Company will distribute Form Number 275- 030 -01, Schedule A Certification Form Number 1, to potential
DBE contractors and assist in their completion.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275 - 030 -11
CONSTRUCTION CONTRACTORS
EQUAL OPPORTUNITY ooms
BID OPPORTUNITY LIST Paged Y8
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399 -0450
TELEPHONE: (850) 414 -4747
FAX: (850) 414 -4879
This information may also be included in your bid or proposal package.
Prime Contractor /Consultant: E. B. Simmonds Electrical Inc.
Address /Telephone Number 4406 Exchange Ave #105 Naples Fl 3410 -7024
Bid /Proposal Number: 08
Quote Submitted MM /YR:
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The
list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The
list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT - assisted
projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide information for Nos 1, 2, 3 and 4 and should provide any information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number:65- 0086160
2. Firm Name:EB.Simmonds Electrical Inc
3. Phone: 239 643 -2770
4. Address: 4406 Exchange Ave #105
Naples Florida 34014 -7024
5. Year Firm Established: 1982
1. Federal Tax ID Number:
2. Firm Name:Renfroe & Jackson
3. Phone: 239 455 -5020
4. Address: 2550 Garland Road
Naples Florida 34117
5. Year Firm Established:
1.
2,
3.
4.
Federal Tax ID Number:
Firm Name:
Phone.
Address:
Year Firm Established:
6. ❑
DBE
8.
Annual Gross Receipts
®
Non -DBE
❑
Less than $1 million
❑
Between $10 - $15 million
®
Between $1 - $5 million
❑
Between $5 - $10 million
7. ❑
Subcontractor
❑
Between $10 - $15 million
❑
Subconsultant
❑
More than $15 million
6. ❑ DBE
® Non -DBE
T ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
( "Owner ") hereby contracts with E.B. Simmonds Electrical, Inc. ( "Contractor ") of 4406
Exchange Avenue, #104, Naples A. 3410 -7024, a Florida, authorized to do business in
the State of Florida, to perform all work ( "Work ") in connection with Bayshore Drive
Bridge Lighting & Landscape Installation, Bid No. 08 -5027 ('Project "), as said Work
is set forth in the Plans and Specifications prepared by JRL Design, 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: seventy thousand, seventy one dollars
and thirty one cents ($70,071.31)
GC -CA -13
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 fins treas pov /c570/c570 html #certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred (100) 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 twenty (20) 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
GC -CA -14
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, five hundred and
eighty dollars ($580.00) 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.
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
GC -CA -15
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 (LAP FUNDED)
Exhibit J:
Technical Specifications
Exhibit K:
Permits
Exhibit L:
Standard Details (if applicable)
Exhibit M:
Plans and Specifications prepared by JRL Design
and identified as follows: Bayshore Drive Bridge Lighting &
Landscape Installation as shown on Plan Sheets 1 through 6.
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:
Darryl Richard, Project Manager
Alternative Transportation Modes
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252 -5775
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. E. B. Simmonds
E. B. Simmonds Electrical, Inc.
4406 Exchange Avenue, #105
Naples, Florida 34014 -7024
(239) 643 -2770
Fax (239) 643 -6873
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or
more of the provisions of the Agreement shall not be construed to be and shall not be a
GC -CA -17
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.
CONTRACTOR:
WITNESSES : B. Simmonds lectrical, Inc.
By:
FI W TNESS E. B. Simmonds President
Dija a Foley
Type /Print N me
SEC D ESS
John Harhen
Type /Print Name
Date: r1 o . 0 8
ATTEST:
Dw- E. Brock, clerk
183 Y
Hfmct'.: #X= to ctia irm4is f
�1gtlitYr'f ;4p17
Approved,As Tb Form
and Legal Sufficiency:
Type /Print Name and Title
OWNER:
BOARD OF COUNT COMMI SIONERS OF
COLLIER COUNTY LORID
BY:
Tom Henning, Chairman
Print Name:
Assistant County Attorney
GC -CA -19
BankofAmerica
BANK OF AMERICA - CONFIDENTIAL
DATE: AUGUST 14, 2008
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68028564
APPLICANT REFERENCE NUMBER: EB SIMMONDS
BENEFICIARY
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES, FL 34112
PAGE: 1
ISSUING BANK
BANK OF AMERICA, N.A.
1 FLEET WAY
PA6- 580 -02 -30
SCRANTON, PA 18507 -1999
APPLICANT
E.B. SIMMONDS ELECTRICAL,INC.
4406 EXCHANGE AVE.
SUITE 105
NAPLES, FL 34104
AMOUNT
NOT EXCEEDING USD 70,071.30
NOT EXCEEDING SEVENTY THOUSAND SEVENTY ONE AND 30/1001S US DOLLARS
EXPIRATION
DECEMBER 31, 2008 AT OUR COUNTERS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF
CREDIT NUMBER 68028564 WHICH IS AVAILABLE WITH BANK OF AMERICA N.A.
BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF
CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N.A.,
ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW:
1. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS THERETO, IF ANY.
2. A DATED STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICER OF
THE BENEFICIARY ON BENEFICIARY'S LETTERHEAD READING AS FOLLOWS:
QUOTE
WE DRAW IN THE AMOUNT OF DUE TO A DEFAULT THAT HAS
OCCURRED AND ALL APPLICABLE NOTICE AND CURE PERIODS HAVE EXPIRED
WITHOUT CURE.
UNQUOTE
DRAFT (S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN
UNDER BANK OF AMERICA, N.A. CREDIT NO.68028564 DATED AUGUST 14, 2007.
THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE
PRESENTED FOR PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S
UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR
AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OR CREDIT
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
ORIGINAL
05-17 1486B 07-20(0
BankofAmerica
BANK OF AMERIC CONFIDENTIAL
PAGE: 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 68028564
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND
IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY
ISSUER IF PRESENTED TO BANK OF AMERICA, N.A., 17100 NW 59TH AVENUE,
HIALEAH, FL 33015, ATTN: TRADE SERVICES, STANDBY UNIT WITHIN THE
VALIDITY OF THIS CREDIT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE
FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 600.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 1 -800- 370 -7519 OPT 1.
AUT7RIZED�' GNATURE
// HI�UMENT CONSISTS OF 2 PAGE(S),
ORIGINAL
11 I' -1586H 07 -20101)
EXHIBIT A
PUBLIC PAYMENT BOND
Bayshore Drive Bridge Lighting & Landscape Installation
Bond No.
Contract No. 08 -5027
KNOW ALL MEN BY THESE PRESENTS: That
as Principal,
and as
Surety, located at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
2008, with Obligee for
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
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 2008, 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
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL
BY:
NAME:
ITS:
The foregoing instrument was acknowledged before me this day of
20, by , as of
a corporation, on behalf of the
corporation. He /she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
�WINTR
(Signature of Notary)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
CcZiai7_Cd]
MW
Witnesses
STATE OF
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
2008, by , as
Surety, on behalf of Surety
take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
_
He /She is personally known to me OR has produced
as identification and who did (did not)
(Signature)
Name:
(Legibly Printed)
GC- CA -A -3
Notary Public, State of:
Commission No.:
EXHIBIT A
PUBLIC PERFORMANCE BOND
Bayshore Drive Bridge Lighting & Landscape Installation
Bond No.
Contract No. 08 -5027
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
, 2008, with Obligee for
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
re�.ae_e�
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 , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
I - -ya
NAME:
ITS:
The foregoing instrument was acknowledged before me this day of
, 2008, by , as
personally known to
My Commission Expires:
(AFFIX OFFICIAL SEAL)
of
_ corporation, on behalf of the corporation.
me OR has produced
_ as identification and did (did not) take an oath.
GC- CA -A -5
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
a
He /she is
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of
2008, by as
of , a Surety, on
behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Name:
GC- CA -A -6
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
From: Haft SmAhore Insurance, Inc. 'Po: 6436873 Page: 2/15 Date: 7/30/2008 8:24;45 AM
Client #: 36782
ACORD.M CERTIFICATE OF LIABILITY INSURANCE
PROpUCER DATE (MM /Op /YYYY)
Gulfshore Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlZONB
4100 Goodlette Road N, #100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Naples, FL 34103 -3303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
239 261 -3646
DEDUCTIBLE
B IWORKERS COMPENSATION AND 83015343
EMPLOYERS' LIABILITY 04/01108 04/01109
ANY PROPIRIETOWPARTNE WEXECUTNE
OFFICERRAEMEER EXCLUDED?
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS l VEXICLES /EXCLUSIONS ADDED By ENDORSEMENT /SPECIAL PROVISIONS
Contract #08 -5027, Bayshore Drive Bridge Lighting & Landscape Installation
Collier County, Florida is Named as Additional Insured on a primary basis with Respects
to General Liability per CG7048 0304 & CG7049 0905. -30 days notice of cancellation,
except 10 days for nonpayment. The umbrella extends the limits of the General Liability,
Automobile Liability, and Employers Liability policies.
Collier County, Florida
3301 East Tamiami Tr
Naples, FL 34112
ACORD 25 (2001/08) 1 of 2
#5337676/M328824
LU ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
£ TO [HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL— H HALL
DE TO BO SO S
ENO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITSAGENTS H
:SENTATNES.
, !'V.REPRESENTAFME
JPE 0 ACORD CORPORATION 1988
INSURERS AFFORDING COVERAGE
. B. Simmonds Electrical, Inc.
NAIL #
wsuRERA: Amerisure Insurance
406 Exchange Avenue,
Company
INSURER Bridgefield
LINSURED
#105
BI Employers Insurance Comp
aples, FL 34104
INSURER C.
INSURER 0
�NSUaeR E .
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE
ANY RECUIREMENT, TERM OR
INSURED
CONDITION OF ANY CONTRACTOR OTHER
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
POLICIES. AGGREGATE LIMITS
NAMED ABOVE FCR THE POLICY PERIOD INDICATED TA
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
HEREIN
SHOWN MAV HAVt BEEN REDUCED BV PAID
R D
MAY BE ISSUED
BE ISSUED
IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CLAIMS. OR
L
LTR NSR TYPE OF INSURAryCE
CONDITIONS OF SUCH
POLICY NUMBER
A X GENERAL LIABILITY
GL2052102
POLICY EFFECTIVE POLICY EXPIRATION
DA E MM /DO /YV DATE MMIpDIYY
COMMEROAL GFNERALA.IARIL'Sy
03/01/08 LIMITS
D6/3DlD9 EACH OCCURRENCE
CLHIMS MADE OCCUR
$1 000 060
PRMA SE SO aENTUED nce $50 000
VIED E (Any pne person) $5000
GEN'LAGORE GATE LIMIT APPI TES
PERSO NALBADVINJURY $1 OOD DDD
PER
POLICY X JE
GENERAL AGGREGATE $2 DDD DDD
T LOCI
A
PRODUCTS - COMP /OPAGG s2 DDD DDD
AUTOMOBILE LIABILITY
CA2052098
X ANY AUTO
03/01/08 06/30/09
ALL OWNED AUT OS
COMBINED SINGLE LIMIT
P. andtlenl) $1,000,000
SCHEDULED AUTOS
X HIRED AUTOS
BCD LY'NJURr
(Pni PA'.0 $
X NON -OWNED AUTOS
-ODTY INJURY
(Per acotlenQ $
GARAGE LIABILITY
PROPERTY DAMAGE
(Per n,-nuent $
ANYAUTO
AUTO ONLY -EAACCOENT $
A EXCESS /U ERELLALIABILIFY CU2052103
OTHER THAN EA ACC $
AD FO ON, Y.
X OCCUR ❑CLAIMS MADE
03/01/08 Acc $
O6 /30/09 EACH OCCURRENCE en nnn ---
DEDUCTIBLE
B IWORKERS COMPENSATION AND 83015343
EMPLOYERS' LIABILITY 04/01108 04/01109
ANY PROPIRIETOWPARTNE WEXECUTNE
OFFICERRAEMEER EXCLUDED?
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS l VEXICLES /EXCLUSIONS ADDED By ENDORSEMENT /SPECIAL PROVISIONS
Contract #08 -5027, Bayshore Drive Bridge Lighting & Landscape Installation
Collier County, Florida is Named as Additional Insured on a primary basis with Respects
to General Liability per CG7048 0304 & CG7049 0905. -30 days notice of cancellation,
except 10 days for nonpayment. The umbrella extends the limits of the General Liability,
Automobile Liability, and Employers Liability policies.
Collier County, Florida
3301 East Tamiami Tr
Naples, FL 34112
ACORD 25 (2001/08) 1 of 2
#5337676/M328824
LU ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
£ TO [HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL— H HALL
DE TO BO SO S
ENO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITSAGENTS H
:SENTATNES.
, !'V.REPRESENTAFME
JPE 0 ACORD CORPORATION 1988
From: GulfAore Insurance, Inc. To: 6436873 Page: 3115 Date: 7/30/2008 8:24:45 AM
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does
holder in lieu of such endersement(s). not confer rights to the certificate
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract be tween
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
25 -S (2001/08) 2 of 2
45337676lM328824
From: Gulfs6ore Insurance, Inc. To: 6436873 Page 4/15 Date: 7/30/2008 8:24:46 AM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
a CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
SECTION It - WHO IS AN INSURED is amended to include as an insured any person or organization, called an
additional insured in this endorsement;
1. Whom you are required to add as an additional insured on this policy under a written contract or agreement
relating to your business; or
2. Who is named as an additional insured under this policy on a certificate of insurance.
However, the written contract, agreement or certificate of insurance must require additional insured status for a time
period during the term of this policy and be executed prior to the "bodily injury', "property damage ", "personal injury',
or "advertising injury" giving rise to a claim under this policy.
If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to
writing within 30 days from such commenceme
named as additional insureds, we will provide nt and with customers whose customary contracts require they be
additional insured status as specified in this endorsement.
3. If the additional insured is:
._ (a) An individual, their spouse is also an additional insured.
1.., (b) A partnership orjoint venture, members, partners, and their spouses are also additional insureds.
(c) A limited liability company, members and managers are also additional insureds,
(d) An organization other than a partnership, joint venture or limited liability company, executive officers and
directors of the organization are also additional insureds. Stockholders are also additional insureds, but
only with respect to their liability as stockholders.
(e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
The insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of:
(a) Premises you own, rent, lease, or occupy, or
(b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or
the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case
the coverage provided shall extend to "your work" for that additional insured,
Premises, as respects this provision, shall include common or public areas about such premises if so required
in the written contract or agreement.
Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring
after:,
(1) All work including materials, parts or equipment furnished in connection with such work on the project
(other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed; or
Includes copyrighted material of Insurance Services office, Inc., with its permission.
CG 70 48 03 04 Copyright Insurance Services office, Inc., 2003
Page 1 of 2
From: Gilfshore Insurance, Inc. To: 6436873 Page: 5/15 Date: 7/30/2008 8:24:46 AM
(2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use by
ti any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
2. The limits of insurance applicable to the additional insured are the least of those spec if ed in the written
contractor agreement, or in the certificate of insurance or in the Declarations for this policy, If you also carry
I
an Umbrella policy, and the written contract or agreement or ce tifrcate of insurance requires that the additional
insured status also apply to such Umbrella policy, the limits of insurance applicable tr the additional insured
under this policy shall be those specified In the Declarations of this policy. The limits of insurance a
the additional insured are inclusive of and not in addition to the limits Policy.
Insurance shown in the Declarations,
3• The additional insured status provided by this endorsement does not extend beyond the expiration or
pl'oable to
termination of a premises lease or rental agreement nor beyond the term of this policy.
4• Any person or organization who is an insured under the terms of this endorsement and who is also an insured
under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall
have the benefit of the terms of this endorsement if the terms of this endorsement are broader.
5. If a written contract or agreement or a. certificate of insurance as outlined above requires that additional insured
status be provided by the use of CG 2010 1185 then the terms of that endorsement, which are shown below,
are incorporated into this endorsement as respects such additional
insured , to tt;e �rt�nt.
not restrict coverage otherwise provided by this endorsement:
at such terms do
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,
Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, brit only with respect
work" for that insured by or for you. to liability arising out of "Your
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 17 85
The insurance provided to the additional insured does not apply to "bodily injury", "property damage, " personal
in y y', Professor ional s ^advertising inju y' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render
any ervices including but not limited to:
1. The preparing, approving, or failing to prepare
orders, design specifica or approve maps, dra
tions; and Wings. opinions, reports, surveys, change
2. Supervisory, inspection, or engineering services.
the Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
agreement, olr certificate hof Insurance requires that this insurance am e be
be primary without contribution from such other insurance available to the additional insured written contract,
primary , in which case this insurance will
Includes copyrighted material of Insurance Services Office, Inc, with its permission.
Page 2 of 2 Copyright Insurance services Office, Inc. 2003
CG 7D 48 03 04
From: Gulfshore Insurance, Inc. To: 6436873 Page: 6/15 Date: 713012008 8:24:47 AM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS, provisions 1. through 7. of this endorsement amend the policy as follows:
1. LIQUOR LIABILITY
Exclusion c. Liquor Liability is deleted.
2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT
Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to
"Bodily injury" if sustained within a building that is or was at any time owned or occupied by or rented or loaned
to any insured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the building.
3. NONOWNED WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID
CREW)
Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following:
(2) A watercraft you do not own that is
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) is added as follows:
(6) An aircraft that you do not own that is
(a) Hired;
(b) Rented; or
(c) Loaned to you;
with paid crew for a period of five (5) consecutive days or less.
Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage"
liability for such aircraft, whether such other insurance is primary, excess, contingent or on any other
basis.
4. PREMISES ALIENATED
A. Exclusion J. Damage to Property, paragraph (2) is deleted.
B. The following paragraph is also deleted from Exclusion J. Damage to Property:
Paragraph (2) of this exclusion does not apply if the premises are 'your work' and were never occupied,
rented or held for rental by you
5. PROPERTY DAMAGE LIABILITY -ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion ). Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators.
B. Exclusion k. Damage to Your Product does not apply to:
1. The use of elevators; or
2. Liability assumed under a sidetrack agreement.
Includes copyrighted material of Insurance Services office, Inc., with its permission.
CG 70 49 09 05 Copyright Insurance Services Office, Inc., 2004
Page 1 of 9
From: Gulfshore Insurance, Inc. To: 6436873 Page: 7115 Date: 7/30/2008 8:24:47 AM
6. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT
A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed
equipment while at a jobsite and not being used to perform operations.
B. With respect to any one borrowed equipment item, provision 6.A, above does not apply to "property
damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate.
7. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall
expenses' that you incur for the "covered recall" of "your product ". This exception to the exclusion does
not apply to "product recall expenses" resulting from
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval;
4. Redistribution or replacement of "your product ", which has been recalled, by like products or
substitutes;
5. Caprice or whim of the insured;
6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception
of this insurance;
7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing
materials;
8. Recall of "your product(s)" that have no known or suspected defect solely because a known or
suspected defect in another of "your product(s)" has been found.
13. Under SECTION III —LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8. is added:
3. The Products - Completed Operations Aggregate Limit is the most we will pay for the sum of:
a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
because of "bodily injury' and "property damage" included in the "products - completed operations
hazard" and
b. "Product recall expenses ".
8. Subject to paragraph 5. above, $2.5,000 is the most we will pay for all "product recall expenses"
arising out of the same defect or deficiency.
The insurance afforded by provisions 1. through 7. of this endorsement is excess over any valid and collectible
insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION
IV., paragraph 4. Other Insurance is changed accordingly.
8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY
Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Liability is deleted.
9. SUPPLEMENTARY PAYMENTS
Under SECTION ION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraphs 1.b. and I.d. are
deleted and replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Page 2 of 9 Copyright Insurance Services Office, Inc., 2004
CG 70 49 09 05
From: Gulfshore Insurance, Inc. To 6436873 Page: 8/15 Date: 7/30/2,00.8 8:74:47 AM
10. BROADENED WHO 15 AN INSURED
SECTION 11 - WHO IS AN INSURED is deleted and replaced with the following:
If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of
which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses
are also insureds, but only with respect to the conduct of your business.
c. A limited liability company, you are an insured. Your members are also insureds, but only with
respect to the conduct of your business. Your managers are insureds, but only with respect to their
duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured.
Your "executive officers" and directors are insureds, but only with respect to their duties as your
officers or directors. Your stockholders are also insureds, but only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your
"employees," other than either your "executive officers," (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. However, none of these "employees" or "volunteer workers"
are insured for:
(1) "Bodily injury" or "personal and advertising injury".
(a) To you, to your partners or members (if you are a partnership orjoint venture), to your
members (if you are a limited liability company), to a co- "employee" while in the course of
his or her employment or performing duties related to the conduct of your business, or to
your other "volunteer workers" while performing duties related to the conduct of your
business;
(b) To the spouse, child, parent, brother or sister of that cc- "employee' or "volunteer worker" as
a consequence of paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraphs (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services
except as provided in provision 11. of this endorsement.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or control of, or over which physical control is being
.,...n.,,sod for purpose by
you, any of your " employees, "volunteer workers ", any partner or member (if you are a
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker "), or any organization while acting as
your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only;
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
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d. Your legal representative if you die, but only with respect to duties as such. That representative will
have all your rights and duties under this Coverage Form.
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this
Policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
f. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work
contract' that such person or organization be made an insured under this policy. However, such
person or organization shall be an insured only with respect to covered "bodily injury," "property
damage," and "personal and advertising injury" that results from "your work" under that "work
contract." The coverage afforded to such people or organization will continue only for a period of thirty
(30) days after the effective date of the applicable "work contract' or, until the end of the policy term,
whichever is earlier. However, if you report to us within the 30 -day period stated above the name of
the person or organization, as well as the nature of the "work contract' involved, the coverage
afforded under this Coverage Form to such people or organization shall continue until the expiration
of this policy. This paragraph f. does not apply if form CG 70 48, Contractors Blanket Additional
Insured Endorsement, is attached to the policy.
g. Any person or organization to whom you are obligated by virtue of a written contract to provide
insurance such as is afforded by this policy, but only with respect to liability arising out of the
maintenance or use of that part of any premises leased to you, including common or public areas
about such premises if so required in the contract.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes plane after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such person or organization.
h. Any state or political subdivision but only as respects legal liability incurred by the state or political
subdivision solely because it has issued a permit with respect to operations performed by you or on
your behalf.
However, no state or political subdivision is an insured with respect to:
(1) "Bodily injury", "property damage ", and "personal and advertising injury" arising out of operations
performed for the state or municipality; or
(2) 'Bodily injury" or "property damage" included within the "products- completed operations hazard."
I. Any person or organization who is the lessor of equipment leased to you to whom you are obligated
by virtue of a written contact to provide insurance such as is afforded by this policy, but only with
respect to their liability arising out of the maintenance, operation or use by you of such equipment.
However, no such person or organization is an insured with respect to any "occurrence" that takes
place after the equipment lease expires.
j. Any architect, engineer, or surveyor engaged by you but only with respect to liability arising out of
your premises or "your work."
However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property
damage," or "personal and advertising injury" arising out of the rendering of or the failure to render
any professional services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specification; or
(2) Supervisory, inspection, or engineering services.
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This paragraph j. does not apply if form CG 70 48, Contractors Blanket Additional Insured
Endorsement, is attached to the policy.
k. Any manager, owner, lessor, mortgagee, assignee or receiver of premises, including land leased to
you, but only with respect to liability arising out of the ownership, maintenance or use of that part of
the premises or land leased to you.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the
land; or
(2) Structural alteration, new construction or demolition operations performed by or on behalf of that
person or organization.
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company and over which you maintain ownership or majority Interest, will qualify as a Named Insured if
there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded until the end of the policy period.
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
or formed the organization.
c. Coverage 6 does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or farmed the organization.
d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written
contract or agreement to provide insurance, is an insured but only with respect to "bodily injury" or
"property damage" arising out of "your products" that are distributed or sold in the regular course of the
vendor's business.
However, no such person or organization is an insured with respect to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement.
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in "your product' made intentionally by the vendor;
d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of "your products ";
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of "your product ";
g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor.
This insurance does not apply to any insured person or organization from which you have acquired
"your products ", or any ingredient, pad of container, entering into, accompanying or containing "your
products'.
No person or organization is an insured with respect to the conduct of any current or past partnership,
joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
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11. INCIDENTAL MALPRACTICE LIABILITY
As respects provision 10., SECTION II - WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any
nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical
services, provided that you are not engaged in the business or occupation of providing such services, and your
"employee" does not have any other insurance that would also cover claims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
Under SECTION III - LIMITS OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as
follows:
12. AGGREGATE LIMITS PER PROJECT
The General Aggregate Limit applies separately to each of your construction projects away from premises
owned by or rented to you.
13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD
A. The requirement under SECTION 1 - COVERAGE C MEDICAL PAYMENTS that expenses be incurred
and reported to us within one year of the date of the accident is changed to three years.
B. SECTION III - LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the
terms of SECTION III - LIMITS OF INSURANCE and is the greater of:
1. $10,000; or
2. The amount shown in the Declarations for Medical Expense Limit.
C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the
provisions of the Coverage Form or by endorsement.
14. LEGAL LIABILITY (SPECIFIC PERILS)
A. The word fire is changed to "specific perils" where it appears in
The last paragraph of SECTION f — COVERAGE A, paragraph 2. Exclusions;
2. SECTION IV, paragraph 4.b. Excess Insurance.
B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the
same event, whether such damage results from a "specific peril' or any combination of "specific perils."
C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE,
paragraph 6., is replaced by a new limit, which is the greater of:
1. $300,000; or
2. The amount shown in the Declarations for Damage To Premises Rented To You Limit.
D. This provision 14. does not apply if the Damage To Premises Rented To You Liability of SECTION I -
COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement.
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this
endorsement amend the policy as follows:
15. KNOWLEDGE OF OCCURRENCE
Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced
and paragraphs e. and f. are added as follows:
a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense, regardless
of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your
"employee(s)" shall not, in itself, constitute knowledge to you unless one of your partners, members,
"executive officers ", directors, or managers has knowledge of the "occurrence" or offense. To the extent
possible, notice should include
(1) How, when and where the 'occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
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(3) The nature and location of any Injury or damage arising out of the "occurrence' or offense.
e. If you report an 'occurrence' to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time
of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall
give written notice of this occurrence" to us as soon you become aware that this "occurrence" may be a
liability claim rather than a workers compensation claim.
f. You must see to it that the following are done in the event of an actual or anticipated "covered recall' that
may result in "product recall expense ":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of "your product" and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could be
a cause of loss under the insurance.
16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph 6. Representations is deleted and replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us;
c. We have issued this policy in reliance upon your representations; and
d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy
We will not deny coverage under this coverage part if you unintentionally fail to disclose all hazards
existing as of the inception date of this policy. You must report to us any knowledge of an error or
omission in the description of any premises or operations intended to be covered by the Coverage Form
as soon as practicable after its discovery. However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or nonrenewal.
17. BLANKET WAIVER OF SUBROGATION
Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring "suit' or transfer those rights to us and help us enforce them. However, if the insured
has waived rights to recover through a written contract, or if "your work" was commenced under a letter of
intent or work order, subject to a subsequent reduction to writing with customers whose customary
contracts require a waiver, we waive any right of recovery we may have under this Coverage Form.
18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL
Paragraph 2, b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced with the
following:
b. 60 days before the effective date of the cancellation if we cancel for any other reason.
Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not
Renew is deleted and replaced with the following:
When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal not less than 60 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
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19. MOBILE EQUIPMENT REDEFINED
Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment ", paragraph f. (1) does not apply to self-
propelled vehicles of less than 1,000 pounds gross vehicle weight.
20. LIMITED ELECTRONIC DATA LIABILITY
A. The following paragraph is added to SECTION III — LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under Coverage A for "property damage" because of all loss of
"electronic data" arising out of any one "occurrence" is $25,000.
B. For this provision 20. only, SECTION V — DEFINITIONS, paragraph 17. "Property Damage" is replaced by
the following:
17. " Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence" that caused it; or
c. Loss of "electronic data ". Loss of "electronic data" means loss of, loss of use of, damage to,
corruption of, inability to access, or inability to properly manipulate "electronic data ", resulting
from physical injury to tangible property. All such loss of "electronic data" shall be deemed to
occur at the time of the "occurrence" that caused it.
For the purposes of this Insurance, "electronic data" is not tangible property.
21. DEFINITIONS
1. SECTION V — DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition:
"Coverage terttery"means anywhere in the world with respect to liability arising out of `bodily injury,"
"property damage," or "personal and advertising injury," including "personal and advertising injury"
offenses that take place through the Internet or similar electronic means of communication provided the
insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V — DEFINITIONS is amended by the addition of the following definitions:
"Covered recall" means a recall made necessary because you or a government body has determined that
a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has
resulted or will result in "bodily injury" or "property damage ".
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer software (including systems and applications software), hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media used with electronically controlled
equipment.
"Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are
related to the recall or withdrawal of "your product" for:
a. Telephone and telegraphic communication, radio or television announcements, computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcements and postage or facsimiles;
C. Remuneration paid to regular employees for necessary overtime or authorized travel expense;
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
f. Packaging of or transportation or shipping of defective products to the location you designate; and
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Disposal of "your products" that cannot be reused. Disposal expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process such
product; and
(2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary
to avoid "bodily injury" or "property damage'.
"Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water
damage'.
"Water damage" means accidental discharge or leakage of water or steam as the direct result of the
breaking or cracking of any part of a system or appliance containing water or steam.
"Work contract" means a written agreement between you and one or more parties for work to be
performed by you nr nn your behalf,
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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 acceptable to the Owner 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
GC- CA -B -1
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 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.
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 $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
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
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.
GC- CA -B -3
(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
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.
GC- CA -B -4
(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
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 2008 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
FW
ITS: President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2008, by
,as of ,a
corporation, on behalf of the corporation. He /she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
NAME:
GC- CA -C -1
(Legibly Printed)
Notary Public, State of
Commissioner No.:
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
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
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Project Name:
Bid No. :
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ............................. ..............................$
Sum of previous Change Orders Amount ......... ..............................$
This Change Order Amount ............................. ..............................$
Revised Agreement Amount ............................ ............................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by
Number
[KeIINd�7
Date
Date:
Date:
Date:
Date:
Object Code
Project
Contractor
Approved by:
Department Director
Approved by:
Division Administrator
Approved by:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund Cost Center:
Number
[KeIINd�7
Date
Date:
Date:
Date:
Date:
Object Code
Project
OWNER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
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 , 2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on 2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on 2008
OWNER
By:
Type Name and Title
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. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
GC- CA -G -1
4.
2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5.
As -Built drawings obtained and dated:
6.
Owner personnel trained on system and equipment operation.
7.
Certificate of Occupancy No.:
issued on (attach to this form).
8.
Certificate of Substantial Completion issued on
9.
Final Payment Application and Affidavits received from Contractor on:
10.
Consent of Surety received on
11.
Operating Department personnel notified Project is in operating phase.
12.
All Spare Parts or Special Tools provided to Owner:
13.
Finished Floor Elevation Certificate provided to Owner:
14.
Other:
If any of the above is not applicable,
indicate by N /A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
GC- CA -G -1
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. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit 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 in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 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.
reISII91 -116 �7
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
CeleEeEdiIj
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 sea. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
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 therefor or re- letting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
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 therefor. 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
and consequential costs attributable to the Owner's evaluation of and determination to
GC- CA -H -19
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
Contractor to remove and replace its Project superintendent, with or without cause.
GC- CA -H -20
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
issued to document the consequences of the changes or variations. If Contractor fails
GC- CA -H -21
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.
GC- CA -H -23
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. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
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
GC- CA -H -25
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
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost - Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As- Built' Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
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.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project' shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
GC- CA -H -29
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
Form #
Title
When Required
Suggested Revision with
DBE 8-page Packet
275 - 030 -11 B
DBE Affirmative Action Plan
Page 1 of 3
Include in Bid Package
Page 4 of 8
This is actually a sample of
DBE Plan Requirements
what the contractor should
already have in place. A DBE
Pages 5, 6, and 7 of 8
policy (page 1) and the
Sample DBE Policy and Plan
detailed plan (pages 2 and 3).
Now pages 5, 6, and 7.
Contractor MUST Submit their
275- 030 -11 B
Pages 2 & 3
Pre -Award
DBE policy and plan on company
letterhead. (Stated on page 4)
If contractor doesn't have a
formal written policy and plan,
they can use the sample format
on pages 5 — 7.
Include all pages in bid package
and due Pre - Award.
700- 011 -13
Certification Compliance
Submit with every Invoice
with EEO
700 - 010 -11
Notice of Rental Agreement
Submit (if requested) with
every Invoice
275 - 021 -13
Notification of EEO Officer
MUST be submitted prior to
start of construction.
275 - 021 -15
Contractor Notification to
Submit (if requested) with
FDOT for Use of Temporary
every Invoice
Employment A enc
275 - 030 -11A
Anticipated DBE
Due to County within three
Page 1 and 2 of 8
Participation Statement
(3) Days after Pre -
Construction Mtg.
275- 030 -10
Bid Opportunity List
Include in Bid Package
Page 8 of 8
700 - 010 -36
Certification of Sublet Work
Submit Prior to Project
Start Date
700- 020 -02
Construction Compliance
Submit with every Invoice
with Specs & Plans
Exhibit P
Include in Bid Package
Declaration of Debarment
Provide FDOT
Include in Bid Package
Pre qualification #
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.
GC- CA -1 -1
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
(3 -5, 7 -13, 8 -7.1 and 2 -5.1 Florida Department of Transportation Guidelines)
Prequalification of Bidders
Except as noted below, pre - qualify with the Department to be eligible to bid. The
Department publishes regulations covering prequalification of bidders under separate
cover. The Department does not require the Contractor to be pre - qualified if bidding
contracts of $250,000 or less or if constructing buildings.
For contracts exceeding $250,000 amount, file an application for qualification on
forms furnished by the Department, giving detailed information with respect to financial
resources, equipment, past record, personnel, and experience. For qualified applicants,
the Department will issue a certificate fixing the types of work and the aggregate
amount of work that the Department allows the pre - qualified bidder to have under
contract at any one time. However for projects that exceed $250,000 and on the
National Highway System or State Highway System, the contractor must be FDOT pre -
qualified.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit the following:
(a) A bid on a contract to provide any goods or services to a public entity.
(b) A bid on a contract with a public entity for the construction or repair of
a public building or public work.
(c) Bids on leases of real property to a public entity.
GC- CA -1 -2
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 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
GC- CA -1 -3
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 twenty (20) days after Contract award, execute the necessary agreements to
enter into a contract with the Department and return the agreement along with a
satisfactory surety bond and documentation evidencing all insurance required by 7 -13 to
the 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.
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
GC- CA -1 -4
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 attached contract
page GC- CA -H -10, highlighted.
6. Claims
See Exhibit H, General Terms and Conditions, Section 11. Claims and
Disputes, Collier County Contract —See attached contract page GC -CA- H -11
highlighted.
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
GC- CA -1 -5
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.
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
GC- CA -1 -6
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.
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.
GC- CA -1 -7
b. The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and forward the
complaint to the contractor.
c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The response
shall be provided to the PGS Director within 10 (ten) business days of receipt of
the allegations submittal. In the event that the contractor fails to respond to the
complaint within the prescribed time period, the complaint, as forwarded to the
contractor, shall become an effective debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment or
other event(s) where there is no significant dispute over material facts, the PGS
Director shall determine the period of debarment on the basis of the undisputed
material information set forth or referenced in the complaint, the contractor's reply
and the parameters set forth in this section. In the event that the Contractor
objects to the PGS Director's decision, the Contractor shall have a maximum of
three business days to file an appeal of the debarment decision with the PGS
Director. The appeal will be forwarded to and considered by the County
Manager (or his designee), who will review the debarment record compiled by
the initiating department and the contractor. Should the County Manager
overturn the PGS Director's decision; the County Manager shall formally cite the
reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Department will
convene a debarment committee (hereinafter referred to as "the committee')
consisting of at least three individuals who will review the complaint and the
contractor's reply. The County Manager or his designee shall formally appoint
the committee, which will generally consist of county employees, none of whom
shall be a member of the department initiating the complaint. At the discretion of
the County Manager, a member from private industry with a particular area of
relevant expertise may be appointed to the committee, provided that this member
is not a direct or indirect competitor of the firm in question. The Office of the
County Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee, but
shall be available to provide legal counsel to the committee as necessary. All
members appointed to serve on the debarment committee shall disclose, to the
PGS Director, or his designee, any actual or prospective conflicts of interest 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
GC- CA -1 -8
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.
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 exceeds 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
GC- CA -1 -9
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:
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
GC- CA -1 -10
to subcontracts with such contractors unless the County Manager or his
designee determines that emergency or single source conditions exist,
thus justifying such consent and approves such decision.
b. The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of rejection of
proposed subcontractors pursuant to subsection 6. a provided that the
subcontractor was debarred prior to the submission of the applicable bid or
proposal offer.
The Scope of Debarment:
Debarment applies to all officers, principals, directors, partners, qualifiers, divisions
or other organizational elements of the debarred contractor, unless the debarment
decision is limited by its terms to specific divisions, organizational elements or
commodity /services. The committee's decision includes any existing affiliates of the
contractor if they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the pre- existing terms of the committee's decision.
GC- CA -1 -11
EXHIBIT "P"
The bidder, in accordance with Section XXIX of the prevailing Collier County
Purchasing Policy, (known as "Debarment and Suspension ") shall sign the appropriate
declaration under this exhibit. In doing so, the undersigned hereby declares that:
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested
or affected party as defined under Section XXIX of the Collier County Purchasing
Policy.
2. They are not nor have not been debarred or suspended by any public
entity within the last five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact
upon which reliance was placed when this submission was entered and
evaluated. Further, should it subsequently be determined that the signatory
knowingly or unknowingly rendered an erroneous declaration; the County shall
reserve the right to reject the bid offer associated with this declaration and /or
suspend /debar the bidder /signatory.
4. They shall provide immediate written notice to the person to whom this
proposal is submitted if at any time they learn that its declaration was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly
enter into any subcontract or supplier agreement with a person or entity who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this agreement, unless otherwise authorized by the Collier County
Purchasing /General Services Director.
The bidder shall sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A)I hereby declare that my firm nor its principals is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any public agency.
Name(s) and Title(s) of Authorized Representative(s)
GC- CA -1 -12
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 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
GC- CA -1 -13
(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.
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.
GC- CA -1 -14
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 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.
GC- CA -1 -15
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.
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
eZ.a�l_eQi[:i
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 II- Nondiscrimination in Employment by Government Contractors and
Subcontractors
Subpart A- Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible for the administration and
enforcement of Parts II and III of this Order. The Secretary shall adopt such results and
regulations and issue such orders as are deemed necessary and appropriate to achieve
the purposes of Parts II and 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
rK.aNe6M
receive consideration for employment without regard to race, color, religion, sex,
or national origin.
3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or worker's representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4) The contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
5) The contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by contracting agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract with any of such rules, regulations, or orders, this
contract may 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
GC- CA -1 -18
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 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.
GC- CA -1 -19
(c) Section 202 of this Order shall not apply to a Government contractor or
subcontractor that is a religion corporation, association, educational institution, or
society, with respect to the employment of individuals of a particular religion to perform
work connected with the carrying on by such corporation, association, educational
institution, or society of its activities. Such contractor and subcontractors are not
exempted or excused from complying with the other requirements contained in this
Order.
(d) The Secretary of Labor may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor that are in all respects separate and distinct from
activities of the contractor related to the performance of the contract: provided, that such
an exemption will not interfere with or impede the effectuation of the 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. 230]
Sec 206 (a) The Secretary of Labor may investigate the employment practices of
any Government contractor or subcontractor to determine whether or not the contractual
provisions specified 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
GC- CA -1 -20
instrumentalities to cause any labor union engaged in work under Government contracts
or any agency referring workers or providing or supervising apprenticeship or training
for or in the course of such work to cooperate in the implementation of the purposes of
this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal
Employment Opportunity Commission, the Department of Justice, or other appropriate
Federal agencies whenever it has reason to believe that the practices of any such labor
organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other
provision of Federal law.
[Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the
executive branch of the Government designated by rule, regulation. Or order of the
Secretary, may hold such hearings, public or private, as the Secretary may deem
advisable for compliance, enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearing in accordance
with subsection of this Section prior to imposing, ordering, or recommending the
imposition of penalties and sanctions under this Order. No order for debarment of any
contractor from further Government contacts under Section 209(6) shall be made
without affording the contractor an opportunity for a hearing.
Subpart D- Sanctions and Penalties
Sec 209 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.
[eloxey -All M
(4) Recommend to the Department of Justice that criminal proceedings be
brought for the furnishing of false information to any contracting agency or to the
Secretary of Labor as the case may be.
(5) After consulting with the contracting agency, direct the contracting agency
to cancel, terminate, suspend, or cause to be cancelled, terminated or
suspended, any contract, or any portion or portions thereof, for failure of the
contractor or subcontractor to comply with equal employment opportunity
provisions of the contract. Contracts may be cancelled, terminated, or suspended
absolutely or continuance of contracts may be conditions upon a program for
future compliance approved by the Secretary of labor.
(6) Provide that any contracting agency shall refrain from entering into
further contracts, or extensions or other 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. 230]
Sec 210 Whenever the Secretary of Labor makes a determination under Section
209, the Secretary shall promptly notify the appropriate agency. The agency shall take
the action directed by the Secretary and shall report the results of the action it has taken
to the Secretary of Labor within such time as the Secretary shall specify. If the
contracting agency fails to take the action directed within thirty (30) days, the Secretary
may take the action directly.
[Sec 210 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into
contracts with any bidder or prospective contractor unless the bidder of prospective
contractor has satisfactorily complied with the provisions of this Order or submits a
program for compliance acceptable to the Secretary of Labor.
[Sec 211 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
GC- CA -1 -22
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.
[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
GC- CA -1 -23
and cooperate actively with the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with those contract provisions and with the rules,
regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the
Secretary of Labor such information as the Secretary may require for the supervision of
such compliance, (3) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary of labor
pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any
contract subject to this Order, or extension or other modification of such a contract with
a contractor debarred from Government contracts under Part II, Subpart D, of this
Order.
[Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
Sec 302 (a) "Construction contract" as used in this Order means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of buildings,
highways, or other improvements to real property.
(b) The provisions of Part II of this Order shall apply to such construction contracts,
and for purposes of such application the administering department or agency shall be
considered the contracting agency referred to therein.
(c) The term "applicant" as used in this Order means an applicant for Federal
assistance or, as determined by agency regulation, other program participant, with
respect to whom an application for any grant, contract, loan, insurance, or guarantee is
not finally acted upon prior to the effective date of this Part, and it includes such an
applicant after he /she becomes a recipient of such Federal assistance.
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.
Celexel_EINI
(c) In no case shall action be taken with respect to an appliance pursuant to clause
(1) or (2) of subsection (b) without notice and opportunity for hearing.
[Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
Sec 304 Any executive department or agency which imposes by rule, regulation or
order requirements of nondiscrimination in employment, other than requirements
imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement
such responsibilities with respect to compliance standards, reports, and procedures as
would tend to bring the administration of such requirements into conformity with the
administration of requirements imposed under this Order: Provided, that actions to
effect compliance by recipients of Federal financial assistance with requirements
imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity
with the procedures and limitation prescribed in Section 602 thereof and the regulations
of the administering department 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 230]
Sec 402 The Secretary of Labor shall provide administrative support for the
execution of the program known as the "Plans for Progress."
Sec 403 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.
GC- CA -1 -25
[Sec 403 amended by EO 12107 of December 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p 264]
Sec 404 The General Services Administration shall take appropriate action to revise
the standard Government contract forms to accord with the provisions of this Order and
of the rules and regulations of the Secretary of Labor.
Sec 405 This Order shall 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
GC- CA -1 -26
and iron as a component of any manufactured product incorporated into the project
(e.g., concrete pipe, 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, 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
GC- CA -1 -27
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 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
GC- CA -1 -28
"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.
(4) 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
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.
GC- CA -1 -29
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.
14. Indian Preference On Federal -aid Projects
Provision excluded from this contract.
15. FHWA -1273
(Florida Department of Transportation Policy)
Required Contract Provisions Federal -Aid Construction Contracts
Required Contract Provisions Federal -Aid Construction Contracts
General
Nondiscrimination
GC- CA -1 -30
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
Vl. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning Highway Projects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary
Exclusion
MI. 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:
ICTOMY_e191
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.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts
of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO)
requirements not to discriminate and to take affirmative action to assure equal
opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630 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:
GC- CA -1 -32
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
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.
GC- CA -1 -33
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.
GC- CA -1 -34
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 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.
GC- CA -1 -35
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 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
GC- CA -1 -36
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 3b, 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.
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
GC- CA -1 -37
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
GC- CA -1 -38
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 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.
GC- CA -1 -39
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 a approved
definition, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training
programs which have been certified by the Secretary of Transportation as promoting
EEO in connection with Federal -aid highway construction programs are not subject
to the requirements of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to journeymen shall not
be greater than permitted by the terms of the particular program.
5. 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
GC- CA -1 -40
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
GC- CA -1 -41
(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.
GC- CA -1 -42
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.
f. 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.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
0. 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.
a. 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.
GC- CA -1 -43
b. Furnish, upon the completion of the contract, to the SHA resident engineer
on Form FHWA -47 together with the data required in paragraph 1b relative to
materials and supplies, a final labor summary of all contract work indicating the total
hours worked and the total amount earned.
1. 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.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
0. 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.
a. "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.
1. 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.
2. 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.
3. 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.
GC- CA -1 -44
VIII. SAFETY: ACCIDENT PREVENTION
0. 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 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
GC- CA -1 -45
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
(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
GC -CA -1-46
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.
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
GC- CA -1 -47
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 judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
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.
1. Instructions for Certification - Lower Tier Covered Transactions:
GC- CA -1 -48
(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.
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 a of these
instructions, if a participant in a covered transaction knowingly enters into a lower
tier covered transaction with a person who is suspended, debarred, ineligible, or
GC- CA -1 -49
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.
XII. 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)
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.
GC- CA -1 -50
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 1c above.
GC- CA -1 -51
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.
16. Liquidated Damages
See Construction Agreement, Section 513. Contract Time and Liquidated
Damages, Collier County Contract — See attached contract pages GC -CA -2
through GC -CA -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)lf 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 -I13-5 highlighted.
GC- CA -1 -52
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.
Obtain the applicable General Decision(s) (Wage Tables) through the United
States Department of Labor webs ite(www.wdol.gov) and ensure that employees
receive the minimum wages applicable. Review the General Decisions for all
classifications necessary to complete the project.
General Decision Number: FL080039 02/08/2008 FL39
Superseded General Decision Number: FL20070039
State: Florida
Construction Type: 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;
GC- CA -1 -53
bascule, suspension & spandrel arch bridges; bridges designed
for commercial navigation; bridges involving marine
construction; & other major bridges.
Modification Number Publication Date
0 02/08/2008
SUFL1993 -012 08/01/1993
Rates Fringes
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
Laborers:
Asphalt Raker ...............$ 7.23
Pipelayer ...................$ 8.01
Unskilled ...................$ 6.60
N/ A ..............................$ 7.34
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
Fork Lift ...................$ 7.63
GC- CA -1 -54
Front End Loader ............ $ 8.00
Gradall .....................$ 8.76
Grade Checker ...............$ 6.60
Guardrail Post Driver ....... $ 10.78
Mechanic ....................$ 9.52
Milling Machine Grade
Checker .....................$ 7.03
Milling Machine .............$ 8.76
Motor Grader ................$ 9.54
Mulching Machine ............ $ 6.70
Oiler, Greaseman ............ $ 7.21
Pavement Striping Machine ... $ 11.04
Paving Striping Machine
Nozzleman ...................$ 7.50
Piledriver Leadsman ......... $ 9.75
Piledriver Operator ......... $ 10.82
Power Subgrade Mixer ........ $ 7.63
Rollers:
Finish .....................$ 7.24
Rough. ..................... $ 6.70
Self- Prop., Rubber Tire .... $ 7.01
Scraper .....................$ 7.33
Sign Erector ................$ 13.27
Small tool ..................$ 7.33
Tractors:
80 HP or less ..............$ 6.60
Light- .................... $ 6.76
Over 80 HP .................$ 10.62
Trenching Machine ........... $ 8.00
Widening Spreader Machine ... $ 7.52
Traffic Controller
TRAFFIC CONTROL SPECIALIST..$ 7.15
TRAFFIC SIGNALIZATION :
Installer ..................$ 9.70
Mechanic ...................$ 13.25
Truck drivers:
Lowboy ......................$ 8.02
Multi -Rear Axle .............$ 6.97
Single Rear Axle ............ $ 6.70
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
;K.ae_e��y
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
2.) If the answer to the question in 1.) is yes, then an
GC- CA -1 -56
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 contract pages GC- CA -H -4 and 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.
GC- CA -1 -57
The amount of such materials produced for Federal -aid highway construction
during any 12 -month period shall not exceed the amount produced in such facility
for use in such construction during the 12 -month period ending July 1, 1987.
26. Public Agencies in Competition with the Private Sector
The County does not allow other Public Agencies to compete with or bid on
construction projects against the private sector.
27. Publicly Owned Equipment
The County does not allow Contractors the use of publicly owned
equipment.
28. 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 (5
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
GC- CA -1 -58
conditions shall promptly notify the other party in writing of the specific differing
conditions before the site is disturbed and before the affected work is performed.
(ii) Upon written notification, the engineer will investigate the conditions, and
if it is determined that the conditions materially differ and cause an increase or
decrease in the cost or time required for the performance of any work under the
contract, an adjustment, excluding anticipated profits, will be made and the contract
modified in writing accordingly. The engineer will notify the contractor of the
determination whether or not an adjustment of the contract is warranted.
(iii) No contract adjustment which results in a benefit to the contractor will be
allowed unless the contractor has provided the required written notice.
(iv) No contract adjustment will be allowed under this clause for any effects
caused on unchanged work.
Suspensions of work ordered by the engineer. (i) If the performance of all
or any portion of the work is suspended or delayed by the engineer in writing for an
unreasonable period of time (not originally anticipated, customary, or inherent to the
construction industry) and the 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
GC- CA -1 -59
the adjustment shall be agreed upon prior to the performance of the work. If a basis
cannot be agreed upon, then an adjustment will be made either for or against the
contractor in such amount as the engineer may determine to be fair and equitable.
(iii) If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will be
paid for as provided elsewhere in the contract.
(iv) The term "significant change" shall be construed to apply only to the
following circumstances:
(A) When the character of the work as altered differs materially in kind or
nature from that involved or included in the original proposed construction; or
(B) When a major item of work, as defined elsewhere in the contract, is
increased in excess of 125 percent or decreased below 75 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to that
portion in excess of 125 percent of original contract item quantity, or in case of a
decrease below 75 percent, to the actual amount of work performed.
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 attached contract pages GC- CA -H -26
through GC- CA -H -27
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 GC- CA -H -16
36. Time Extensions
See Exhibit H, General Terms and Conditions, Section 9. Contract Time
and Extensions, Collier County Contract — See attached contract pages GC-
CA-H-9 through GC- CA -H -10
GC- CA -1 -60
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC- CA -J -1
EXHIBIT K
PERMITS
GC- CA -K -1
EXHIBIT L
STANDARD DETAILS
GC- CA -L -1
EXHIBIT M
PLANS AND SPECIFICATIONS
GC- CA -M -1
GC- CA -N -1