#09-5144 (Better Roads)
111111 Avenue at 81h Street Intersection Improvements
COLLIER COUNTY BID NO. 09-5144
COLLIER COUNTY, FLORIDA
LAP FUNDED PROJECT
Local Vendor Preference Not Applicable
r--:~'-"~
fr-:,j Ie' ,';;:' I. 11 1,[, "
\li':'I! \f l_lJ'l i,'-', \: ',.! \\
~ I .~
\11
rEB 1 ~ ZUDL ',)
'8 ~
' - -
, ..... --~. - ,~.' - .- - ;
i ) ." -..-.-.--.-
Design Professional:
URS
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions (LAP FUNDED PROJECT)
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by URS
and identified as follows: 1111h Avenue at Slh Street Intersection
Improvements as shown on Plan Sheets 1 through 25.
EXHIBIT N: Contractor's List of Key Personnel
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
1111h Avenue at Slh Street Intersection Improvements
COUNTY BID NO. 09-5144
Separate sealed bids for the construction of 1111h Avenue at Sth Street Intersection
Improvements, 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 4th day of December 200S, 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 4th
day of December 200S, 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, 111th Avenue at Sth Street Intersection Improvements
Bid No. 09-5144 and Bid Date of December 4,2008. 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-14) 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.collierqov.netlbid.
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 seventy five
(75) 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 4th day of November 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-14 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-IB-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. Riqht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB.2
Section 5. SiQninQ 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-IB-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-IB-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-IB-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
GC-IB-6
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 Entitv 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-IB-7
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DiVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE:
November 20, 2008
TO:
FROM~
Interested Bidders
Brenda Brilhart, Purchasing Agent
SUBJECT:
Addendum # 2, Bid # 09-5144 - 111th Avenue at Slh Street Intersection
Improvements
Addendum #2 covers the following change for the above-referenced solicitation:
CHANGE:
. Contractor is responsible for density testing and cost should be included in the
earth and pipe work on the bid schedule.
. Surveying for layout (new line item included in bid schedule).
. Included line item for as-builts.
REMOVE:
. Items 102-60 (work zone signs), 102-74-1 (Barricade, Temporary, Types I,ll, DI
VP and Drum) and 102-77 (High intensity flashing lights) and include these costs
in your line item for 102-1 Maintenance of Traffic
Addendum #2 bid schedule must be submitted to be considered for award.
Two Notice To Proceed (NTPs) - one for material purchase, and the second for actual
construction, which will not take place until after 4/15/09.
QUESTION/ANSWER:
Q: Bid Schedule lines 18 & 19, Concrete Class I & II Misc - 5 cy each, please clarify
what this is for.
A: Those two pay items were included as contingency items.
Q: Line #10 - 110-4, removal of Existing Concrete pavement, what is this for?
A: In the areas of widening, several concrete driveways will need to be partially
removed.
Q: Removal of thermoplastic, can this be done by grinding or water blasted?
A: Collier County prefers water blasting.
If you require additional information please call me directly (239) 252-8446 or by e-
mail at BrendaBrilhart@colliergov.net.
cc: Claudine Auclair, Project Manager
2
S.
N
'" '" '" '" '" '" N N N N N N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,;';';
'" .... '" N ~ 0 to 00 .... '" '" .... '" N ~ 0 to 00 .... '" '" .... '" N ~ 0 to 00 .... '" lln .... 4u N ~ ",,;
.... .... .... .... .... '" '" '" '" .... .... .... .... .... .... .... .... .... '" '" N ~ ~ ~ ~ ~ ~ ~ ~ ~ t I I ~ ~
0 0 0 0 0 .... N N N '" '" '" N N N N 0 0 '" ~ 00 '" N N ~ ~ ~ 0 0 0 0 0
'" 0 0 0 0 0 .... N 0 0 0 0 '" '" '" '" 0 0 .... '" 0 0 0 0 0 0 .... .... .... N ~
, J,. , , , , , , , , , , , , , , , , , , , J,. , , , J,. , , , , , ,
'" N N N ~ ~ N ~ to ~ ~ .... ~ ~ ~ N ~ .... ~ .... '" ~ .... ~ ~ ~ ~ ~ ~
00 0 0 0 , , , 00 .... .... 00 , &, , , , , , ~ , , '" ~ 0
J,. '" , , N ~ ~ .... ~ ~ '" '" ~ ~ .... ~ '" ~ ~ , ,
~ ~ 0 , , , '" .... N '" '" N ~ N
00 0 ~ ~ ~ ~ ~ ~ '" ~
'" 0 0
'" N ~
;U en en ~ en "1J 0 en 0 s: "1J "1J ::l ::l ::l ::l 0 0 > en ~ en m ;U s: ;U 0 en ." ~ ~ s: s:
(I) 9' ~ 'f :;' (I) 0 a: 0 ~ ~. ~. iil iil iil iil 0 0 g ~ Qi 3 ~ !!!. (I) iil Qi 0" '" 0
- 2- if ::l ::l ::l ::l 3
~ ::l (I) - - - - 0' g c- O' '" "" '" - :;' g
0 )> n ::;: n iil !II !" _C/J n n (I) '" ~ 0 ~ (I) - ::T
, "1J (I) (I) ~ iil iil 0 0 0 iil iF. '" "E ::l 0 ~. ~. m N'
iil '" 'W 3 !!!. e. <:: <:: '" 52 0 ?2 "" !!!. N' ::l '" _x < e. S.
"1J "1J - - 3' - '" '" "" ~ !!!. ::l !!l.
::!l ::l 0 0 '" (I) "" (I) m " " "" (I) (I) 0 < - 3 m en -; C'i" '"
(I) !:t C/J q C/J ::l 0 0 0 ::l (I) (I) n 0 0 0 (I) to 0' ." 0 '" "" - ::l 0'
U C/J - - - n e. ;:l. ;:l. 1) to ::T to '" ::l (I) X ~ - ::l <:: to n ::l
x (I) "" 0 <:: ,9. g. iil iil ::l > C/J 3- n e. ." ~ '" (I) ....
,,' en en n ::l ~ iil to n '" m c-
;U ~. '" 9 -; ::T n c- en ~ ~ &l C/J C/J iil ~ -(I) ~ < x Gl (I) a: iil 0
(I) (I) 0 <:: iil (I) ~ 0 ~ C/J C/J !!l. en ~: ~ ::l ~ C/J -
0" ::l ::l "1J Qo U :::: - ::T to ~ n Ir.t"<ll
"1J ....; -'" C/J (I) <:: -;
'" - 0' 0' - 0 '" '" (I) 0" (I)
'" n ;u so Gl 0' 3 ~ c- ~
< '" ." ~ ::l ::l s: ." "" C/J to ::l c- to '"
(I) ~ en <:: ::l (I) (I) s: 1;- (I)
(I) - 3 OJ !!!. !!!. oi" Sl (I) ~. '" ::!!
-(I) 0 :::: m _0 iii' 0 ~
3 e. (I) ~ ~ n 0' 0 Gl ~ - n
0 Z s: s: n 0 lb'
(I) ~ < r -; -~ ^ ^ !:t !:t ::l 0 a b
3- '" (I) 0 ::T '" '" ::l ::l ~
(I) ~ ~ iil ::l
C/J ::l o' ~ 0' m m (I) iil 0 " ~ n Q;.
0 C/J q q ::l ~ n
s: ~ ;u "" ::l ~ ~ 0 ::l (I) 0 (I) c '..m<;
'" ^ 5' (I) (I) !!!. ~ ~ (I) 0 <:: -; ~ m e.
"1J 0 ~ ~ '" fIl..".
~ '" =i" <:: C/J '" - (I)
"" ::l 0- ." ;u ;U ;U '" <:: C/J (I) ::!! "1J C/J '0,
(I) 0 ;:l. C/J '" .;0;,
~ ~ ~ 0 0 , n < - ~
C/J N n <:: <:: <:: 9I (I) 'ii
(I) ::l ::l ::l :;- to
~ e. 3 ::l ~f~/
en e. e. e. n - - (I)
." - (I)
0 '" , , to n
~ ::l (I)
~. ;U g en en <:;; - C/J
,- ::T ::T ;U C/J
U ~ en @ ~ <:: ~ , .
0' fw 0 c- \q'?: .,
::l (I) (I) c-
!!!. g N 0 (I)
-~
~ x '" ,
'" , N ."
::T 0 '" ~ 0
~ f--' OJ , "
<0
- en '"
;U en en
(I) en
e.
....
..
m > > > > en en en r m r r m m m m 0 0 -; -; en en 0 0 m en r r r r ~ ~ ~ r r 'Ie::
:':z
> en en en en -< -< -< ." > ." ." > > > > -< -< Z Z -< -< -< -< > -< en ." ." ." en en !~;~'
00 ~ '" ~ N .... '" '" ~ '" N '" ~ ~-
'" to to ~ .... .... <0 '" 00 00 .... to 00 '" 00
.... ~ '" ~ ~ 00 '" 0 '" '" 0 '" ~ ~ ~ ~ '" '" a, '" ~ 0 N '" .... 0 ~ '" 0 0 -I-' -I-' -I-' ~
""~L'f
c:~
,$",'
'"'tl<~
i'",")~'
"'0<1/)
22'*
0'"
"'ITI.
:;/........
..
-t
0
.-t'
.~
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
"U
$.
s:
<Q
Cl
W
C
Q.
5'
"
J>
c
"
~
~
~
~
-
:0-
J>
<
CD
"
C
CD
..
-
co
-
:0-
g!lll
ii a
~C)
U>
ac'n
CD ~
iil t
CD
"
-
o'
"
3"
"
~
o
<
CD
3
CD
"
lit
6:
Q.
"
"
Q.
C
3
..
N
en r s: -I (IJ III );: "
~ ~ III iil 0: :;; 0
III
~ ~ ::> III "{J 0
CD 0 CD " (IJ o..;o-t
3 - ~ 0
iii' ::T
CD en ::> , CD "{J
iii en a. , ..0
::> c: CJ)ere
~ 0- s: III
0 " it CD ::;'.c
- 0 III ~ CD CD c:
m ::> ::>'< a. III
g c: ~"T1~
>< or
""0 ;;:Qg
CD $l. "
~ 0 2" Q:3~
(ii' iil iil ~ (fl 0
::> -~ ::>
" iil 3
CD c:
0 (fl
- ~
(IJ 0-
0: CD
a. (fl
CD c:
~ 0-
3
a
CD
a.
~
0
0-
CD
" -I
0 0
::>
(fl -I
0: )>
CD r
~
CD 1Il
a. )>
0' en
~ m
1Il
is
-<-<-<-<-<-<
-<
zzzzzz
z
N
o
-
N
"U
$.
.j>. .... .... .... .j>. .j>. .... .... .... '" '" '" '" s:
'" ..... 0> CJ1 .... '" N 0 '" '" ..... 0> ~
~ ~ ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0;-
c... , , , , , , , , , , , , <=
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0.
, , ..... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,r
~ N , , , , N , , , c... ,
N N N ~ ~ ~ ~ ~ "
N N N ..... .... .... N N N N :>
.j>. ~ ~ 0 ~ ~ CJ1 .j>. N ~ <=
"
0;-
'"
)>en-l-l-l-l-l-l-l-l-l-l;o
C/Jc:::J"'::J"':J"':::J"':J"':::r:J"'::J"':J"'::Tco
cD< ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
5, CD 3 3 3 3 3 3 3 3 3 3 ?
~ 0 0 0 0 0 0 0 0 0 0 ro
:0
CD
$l.
o 0 0 0 0 0 0 0 0 0 ~.
;oenenenenenenenenen"{J
CD3 or6i6i6ifiiOTfiinriiiQ)
~ ~ ~ ~ ~ ~ ~ ~ ~ <
o 0. a. Q.Q..a. 0. a. a. a.(D
< m m m m m m m m m 3
maa..a.aaaa.aam
-<-<:2:-<:2::2::2::2::2:3-
~~::J"'~::J"'::J"'::r::J"'::J"'~
oo;::o:o;::o:;+;::+;:::t:;+~
:;;:;; CD:;; CD _CD _CD _CD _CD ~
enCn~Cnf;{lenenenenCD
Q. 0 a " -. Q. Q. Q. Q. Ci3
0.: ==:E -. a. a: a a: CD
0. q N -.
~-lq ~ o;qo
~ -c: -~ :::;'
3 ~
~ g
o ::>
c: III
::> -
a. -<
~
0"
~
~
~
(fl
.renlr-mlllrr.
CJ)CJ)"TlII")>"Il"'Tl'"TI"Tl"T1
~
'" ~
"''''
-'" -" co N
N
o
.j>.
....0>
'" '"
mCJ1NCO""'-J
m.tlo. 0 COCJ1
o
0000000000000
"":~:'
~;'f--_'
mi;Cz
)> ,,;,h
-rrt::1=i
l::;~;;i<
'S
yo,;
~ .,40
.... .::;!
~ ~f'",
;':~'lc
Z
::::j
"
i!!
n
m
-
-
-
~
~
)>
<
"
"
<=
"
"
~
co
~
~
!alll
; 6
:ao
-'"
" en
1;-
O! t
"
"
~
oj"
"
3"
..,
,
o
<
"
3
"
"
lit
is:
0.
"
=>
0.
<=
3
,.
N
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE:
November 4, 2008
TO: Interested Bidders
FROM@ Brenda Brilhart, Purchasing Agent
SUBJECT: Addendum # 1, Bid # 09-5144 - 111 th Avenue at Sth Street Intersection
Improvements
Addendum #1 covers the following change for the above-referenced solicitation:
CHANGE: 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 13th day of November 4th day of Desember 200S, at which time all prospective
Bidders may have questions answered regarding the Bidding Documents for this
Project.
cc: Claudine Auclair, Project Manager
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1111h Avenue at Slh Street Intersection Improvements
BID NO. 09-5140
Full Name of Bidder Better Roads Inc.
Main Business Address 1910 Seward Ave.. Naples, FL 34109
Place of Business 1910 Seward Ave., Naples, FL 34109
Telephone No. 239-597-2181
State Contractor's License # CU56737
Fax No. 239-597-1597
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
BID SCHEDULE
111th Avenue at sth Street Intersection Improvements
Bid No. 09-5140
Bid Schedule Provided Under Separate File
If not submitting bid electronically, include an
Excel spreadsheet on a CD Rom with your hard copy submittal.
GC-P-2
WWWWWW~~NNNNNNNN~~~~~~~~~~
~~WN~o~~~m~~WN~amoo~m~~WN~owoo~m~~~N~
6dddd~~~~~~~~~~~~~~~~~~~~~~oooffl~~
mooooo~NOooo~~m~90~~~oooooo~~~ N~
W~NNN~~N~~~~~~~~N~~~~~&~~~~~~~ ~~
COOOOII 'CO'""-J-...IC011lllll-lo. I 'w......o
1 I I . N -\. .....,J:l.............. CJ'1(,1'l(]1-\............, -lo. en .........l.. I
+:>-0>......"""'" 0, I I CJl~N<.TIc.n l\) ...... N
COO.....-\. ................. ......c.n......
"'00
"''''~
~CJlCJl<CJl~nCJloS:~~_--_Oo)>CJlOCJlm~~~oCJl~CJl
"'~5~5"'~~O~~~~~~~OO.~~-3"'~"'-_~~
g~~",--)>,~",-~~~~",~mmmolll~~~~iro~~~w~~30~~",~i
I~ ~~<~ 00 - - - ~~~ ~~ -0 _. ~~
mru~ ~~a~a~ccmoon~~~mwN~~X~~~~~
=:b .::J 0 VJ 0 m (t) ;;1\ (I) m <" <" P ..... ~ ;:; CD CD () < - ~ 3 m ~ _ - cnr- n"
~~a~~~g90~!!~~~~QQg(t)f~ro~~a~~~ro
~ roXOO(t)d.::J~ roO omwo~oo ~m-m~~~~
CI5 $l fj' "'n' -l ::J' 0 0- g' &>&> 0 r- g' ,... Zl ~ Cil ~ -'" ~ < CJl ~. IV ~ c: ~ linlil
~ff.::J33~~i~o:~'~~~-l~~~ ~I~ro~ ~S'~2ol~~I~~
C\)n;:o. .:"'"'ID-G)=OO- 0 O>Q)CD o.,..,-.C"C])I""
<Wm ~m~~cg.::J.::J CD3ro~~~~~rn .::J~6C" ro
CD CD 3 o' 0> ~ ~ ~ m '" 0 -. Cir ~ n Cl) S' ~
3 - a.' '" 0 - .:;? _ · 0 -. 0 GJ 0 ciS ::!.
ro~~ r ~~~~~~ ^~^@~goa g CD
a~ro m ~~~~-- ~ro~~m0gc n ~
5': Q en;u R-~' g ~.~. q a q ::3 ffi 0 . IU @
s: CD ~roOJQl - (J) c-l........ ro
~^ OJ::r CD_.__ '1J Og(jl@01
~ ~ 0 ~~~~ W ~enCD~ ~
c:ri ............0 goo a: 10' <
I\J c:: C 0) CD
OJ CJl CD ~~:::l -:::lCD 3
-. ~ ~~ 0
o "Tl WI' OJ ~
~. ~ ~ qoooo ~ _
~, ~~ ~
_ ~ CJl~~ ~
a" ~ o~~ ~
~ q NO ~
X '" ,
~ .~ ~
...3 ~.:;
-- CJl
CJlCJl
CJl
:z:
::;-
~
CD
;0
'"
a.
~I'
n
"'
a.
-~111
i
Us: s:
w 0
-. 0-
o :::l_.
Cif=
::; iij
w::::!:
. ::; 0
2 ::;
o
-
-l
iil
,.,
15'
""
::;
o
E"
a.
(1)
'"
~
"
'"
o
CD
.
'"
Q
,.,.'.",
',"c...'.
m)>)>)>)>CJlCJlCJlrmrrmmmmOO~-lCJlCJloomCJlrrr~~~~rr
)>CJlCJlCJl~~~~~)>~~)>)>)>)>~~zz~~~~)>~CJl~~..~~~CJlCJl
~ ~~ ~ ~m~~ I\J 01 ~
W ~ ~~ ~ N~W~~~ m ~~oo
~~w~~oo01omwaw~~~""""~m~~~Ol\Jm~o~01oo~~~""""""""
Y7 00 M.Ef)(fl~ fFJ
~ ~~ ~ ~ ~~~~~(fl~~Y7 ~ N
~~~N ~~~m(fl""""W~N01~~N""""~ ~~""""ffiW
Y70~~~~ID~""""oo~o~wm01wwmW~ffi~""""O""""~~~~
mO~00NmOO0010~~0~000010""""~NW0100~O~~
........o........mm~~mmo~oooooooo~mo~Mo........o~m~
01000000000000000000000100100100100
8-
'"
<R <R
~ (fl ~~~........ ~W~OO~~ffi~Nffi~Y7 fFJ~ W
ffi~~~~~ffi~~~~$~~~~~~~m~""""~~~~~fFJffi~
1\J~I\JNN""""ID~~IDaWID01N~mmmWI\J""""Nm~NID~WW
NON~~0100wm01''''''''N01wm010101N~~OOO100Nm~w~w
~ON00010~W01W~010~00001~OOIDmNOW010001N
~owmoo~~omooooooobbo~~ooooomo~oo
01000000000000000000000000000100
<R
~C;;
w~
"''''
"'0
00
00
<R
<R ~
S:O!-'J
"'-oJ
"''''
"'0
00
00
"1J
$-
s:
'f<
(")
or
oo
0.
5'
"
)>
oo
"
or
".
~
~
~
~
=-
)>
<
"
~
"
"
i!i.
co
~
=-
~J;!!
" "
l!l.o
- '"
ao,
" ~
il ...
" ...
"
~
0'
~
3"
."
a
<
"
3
"
:a
on
1;-
0.
"
"
c-
oo
3
1'5
oor
e![
(1) 0
3 -
(1) 00
'" C
~tT
S.8
~~
"0 "
(1) ~
::!. 0
~ til
"
(1)
a
OJ
a:
c.
(1)
,
5:::;iQJ.
~!Dc.
(1) '" OJ
:J. () 0
III ;;r '"
urena..
III
S:iD'
III ~
"''<
C
it
n
~
C
(jl
iil
Illr"Tl
~~O
, 0
c.;:o-l
I ~":!I
OOC(1)
CD ::;'..0
(1) (1) C
C.lll
m..,,=-
~O~
-." III
sr.::!:
~UlO
"::::'-:::1
3
C
Ul
~
tT
(1)
Ul
C
tT
3
""
ro
c.
~
o
'J
(1)
"
o
'"
Ul
a:
'"
(jl
c.
0'
,
-<-<-<-<-<-< -<
zzzzzz
'"
Q,
'"
z
~~~,.J::l...,J::t...,f::O.,.J::l...J::O.~WWWW
CO-...J(J)(Jl,J:::t..(.oJ1\,)....2.0tOco""-.Jm
....................,......,......,......,-.".......,......,......,-...1......,......,
00.........................2.-"".........................................
.......................l...........................2....................I................
I , I I I I I I I I , I I
-->.............2...........................-\.....2............................
~N......,7...T-;"'...-;"'...7"T7"
Nf\)I\)-lo.M...............................
"'NN......,~~!\:lN f\)
.,b..............O............01.,/::l.. ......
-I
o
~
r-
OJ
)>
(fJ
m
!!!
o
)>00-1-1-1-1-1-1-1-1-1-1;:0
(/)c::r::r:J'":J"'::r::r:J"::r::r::rco
w<CDCDCDctlCDCDIDCDCD<D;r
~, '" 3 3 3 3 3 3 3 3 3 3 y
~ 000 000 0 0 0 0 ro
--'"
III III (1)
Ul Ul n
~ ~ ~
rc:rcro () 0" ,:s-cr 0 0'(5'<:'
lll;:uoooooooooooooooooo~
"'3 DrGiornf6iarfUfilmQ)
~ ~ :J :J ~ :::I ~ :::I :::I <
oc.a.a.c..a.a.o..c.c.(1)
< ~ Q) m m m m Q) Q) Q) 3
roaa.aaaaaa.a(\)
-<-<::i:-<::i:::i:::E::i:::i:~
~~;r.~~:!.:!.=r.:!.s:
~ ~ ~~ cp1DIDJD_rn~
00 - )> - 00 00 00 00 00 (1)
o~a~:3:Q.Q.Q.Q.Uf
5::=::E-- a.c:a:c:CO
.......0. qN......CXlm--
co02-l'Q .,J::t..Qj::;:lO
,. ~ C ::t; ::j"
:3 ~
~ g
o '"
C III
'" -
C.
rrcnrrrt1L:::rrrr
(J)(J)"Tl""l> "II "Tl" 11
~
"'~
<Xl <Xl
.............CON
N
o WW~
A O'>c.nNto......,m
.,/::l..Q')O)'::"OtOOlCJ'l
."."
~~
00, €A-
0) CD EfH1;R€A-CO-69-ER-Efl-Ef)-EAY>-E,9
aONJ::o........m............-.../.J::o..............cn
Ooco<.oo~oo~(oc.r.o.
aOOOl0CJ1000U"lc.noc.n
."
~
....
<Xl
'"
0>
o
'"
o
(;f)c.A{fl {,n -Ef) fA.
w..............~w{R,!')<:fl {fl_.......f:f)~ffi
OOlCOIDOO1Y7-(;;/).......<DOlJ:>.CJ1
O><OCOO"J:l.......O)(J'I..r::........,ooC')......,
OOOlOJ:>.COO>.,J:::..COU1......CJ'ICO
oo~Cob:.....,OOOONO~
ooaOOOOOOCJ'lO'loa
"
~.
;;::
'"
()
;r
&
3'
'"
>-
c
"
;r
~'
~
~
~
:;:
:I>
<
'"
"
"
'"
!;
..
:;:
~lD
;;; a
<1> c
~'"
3.ln
<1> ~
iil t
<1>
n
~
o'
~
3'
"0
~
'"
3
<1>
"
It
~
"-
<1>
=>
"-
c
3
""
'"
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
MANUFACTURER
1.
Asphalt
2.
Concrete
3.
Pipe Culverts
4.
Inlets
5.
Better Roads Inc.
Florida Rock Industries
U.S. Concrete Products
Coastal Precast
Dated December 4. 2008
Tnr..
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 ail Subcontractors it intends to use on the Project. The undersigned
further agrees that ail Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
CateQorv of Work
1.
Erosion' Control
2.
Sod
3.
Underground Structures
4.
SurVeying. & 'Staking
5.
_ Concr".te/ Curb
6. ..J!tril>ing
Dated December 4, 2008
GC-P-4
Subcontractor and Address
Kate's Enviro Fencing
...141,'LOuail Dr., Bonita_Springs, FL 34134
GCE Services, Inc.
~-,-,...
P.O. Box 150052
Cane Coral. FL 33915
Cross Country Underground
5650 Yahl Street
Nanles. FL 34109
Banks Engineering
2515 Northbrooke Plaza Dr., Suite 200
Naples, FL 34119
Tincher Concrete Construction
16900 Gator Rd.
Ft. Hyers, FL 33912,
Trutwin Industries. Inc.
8031 Mainline pkwy. Ft. MYers. FL 33912
BETTER ROADS INC.
BY:
'.~k$C)
Vice President
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
Reference
1.
Golden Gate Parkw!lY
6-Laning
Collier County P.W.R.D.
239-774-8494
2.
Livingston Rd. PH 1
Radio Rd. to GG Parkway
Same as above
3.
Livingston Rd. PH II
GG Parkway to Pine Ridge -Rd:' .
Same as above
4.
Livingston Road PH III
Pine Ridge Rd. to Immokalee Rd
Same as above
5.
Airport Road 6 Laning
GG Parkway'to Radio Rd.
Same as above
6.
Airport Raod 6 Laning
Cougar ]Jr. toGG Parkway
Same as above
Dated December 4. 2008
Better Roads Inc.
Bidder
BY:
GC-P-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
Measure
(Descriotion)
Units of
Measure
(LF ,SY)
Unit
(Quantitv)
Unit
Cost
Extended
Cost
1. N/A
2.
3.
4.
5.
TOTAL
$ N/A
Failure to complete the above may result in the Bid being declared non-responsive.
Dated December 4, 2008
Better Roads Inc.
Bidder
BY:
Vice President
GC-P-6
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
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 sixty (60) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance, by the
Owner within fifteen (15) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfullv Submitted:
State of Florida
County of Collier
Jospeh M. Rest:ino, Vice President , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
Joseph M. Restino, Vice President , 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
Florida which operates under
Better Roads Inc.
officers are as follows:
under the laws of the State of
the legal name of
, and the full names of its
President
Joe L. Turner
Secretary
Kathleen BAilie
Treasurer
Daniel J. Kelly
V.F. I Manager
Joseph M. Restino
The Vice Fresident is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
June 1. 2000 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED December 4. 2008
Florida Corporation
legal entity
GC-P-8
BY: Joseph M. Restino
Name of Bidder (Typed
(-- ./
l
Vice
Title
~/
'\"~.t1 f\~ 11,/
.s-\'..t,'\~:........... ~...///"/
~'.,. '.7t(:'l~
preSident /~~'9PORA~""':: \
~ \. SEAL ,i f
~ .... .... ~
~ . ..:.-
"" .... '98":1.... '"
;.;....,. ....,.......'l'l.. :0..,'
"'",/,t ORIO "\\\\\\\
11111I11111\\\\\\
Witnes
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 4th day of December
20~~ by Joseph M. Restino , as Vice President
of Better Roads Inc. , a Florida corporation, on
behalf of the corporation. He/she is personally known to l!!JL or has produced
. as identification
and did (~t) take an oath.
My Commission Expires: 10-5-2011
.
. <V
~t ..u~ Nolurv pu~1I1} $\(1113; Qf flQrida ~
'> i , l" CoM!) pIMa(\) ~
). . ~ :,; My Comr'l'lltlt\.ion OD7 11581
L ~..., ~ o~ Elo:pires 10105/2011
J o,,\: ~ ...
g,~~~JlL~
(Signa ure of Notary)
NAME:
Donna DiMare
(Legibly Printed)
""
(AFFIX OFFICIAL SEAL)
Notary Public, Slate. of Florida
Commission No.: OJ) 7// 5'e- /
GC-P-9
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Better Roads Inc. (herein after called the Principal) and
Fidelity and Deposit Company of Maryland ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Maryland with its principal offices in the city of Schaumburg IL
and authorized to do business in the State of Florida are held and
firmly bound unto the Board of County Commissioners of Collier County FL
(hereinafter called the Owner), in the full and just sum of
Five Percent of Amount Hi n---------------- dollars ($5% of Amt Bd )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal Is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and Incidentals necessary to furnish, Install,
and fully complete the Work on the Project known as
1111h Avenue at 8th Street Intersection Improvements
Bid No. 09-5144
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 $ 5% of Amt Bd noted above as Ilquldated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
othelWlse 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 4th day of December , 20..Q..~,~')\.~~~#~~",""
~~} ", .::-vo ......
,qr.... .... ~
~ .~...DP.OIl.A . .
g !~vrulpaf'~"" ;.
! i ~ E
S \(SR~AL f g
~..eaIJ ::;
'\ ..... ~~8'.l ./ f
~i St', ~.....;:;.....
"'''''1: U ,.' "
'11"" R\O~\\""
1111'I~lIm\\\\\
(Sea)
",LA-<
Vice President:
Om an of Mar
land
BY
Countersigned
Cd .\ . /L ~
Eileen.C. Heard, Attorney-in-fact
Florida Licensed ,Resident Agent
and
Local Resident Producing Agent for Fidelity and Deposit Company of Maryland
GC-P-11
Lykes Insurance, Inc.
Tampa FL
(813 223-3911
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporalion of the Slate of Maryland, by M. P.HAMMOND, Vice Presidenl, and ERJC D. BARNES, Assistant Secretary, in
pursuance of authority granled by Aniele VI, Section 2, of the By-Laws of said Company, w' "'" set forth on Ihe reverse
side hereof and are hereby certified 10 be in full force and effect on the dale hereof d s II} 'nate, constitute and
appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAMP e N and Eileen C.
HEARD, all of Tampa, Florida, EACH its true and lawful t . -Ill' ute, seal and dcliver,
for. and on its behalf as surely. and as its act and de : on~ . s, and the execution of stIch
bonds or undertakings in pursuan~e ofthc s~ 9 i~ ompany, as fully and amply, to all
intents and purposes, as if the 13' ecu .I'eJ~ by the regularly elected officers of the Company at
its office in Ba1timO~~~t~p' n "". power of attorney revokes that issued on behalf of Richard P.
RUSSO, JR., Tanya\IJ.~' . N, II, Peter F. PRIOLO; Peter A. THOMSON, Eileen C. HEARD, dated
June 2,2006. ~(Q)~
The said Assistant SefLttary does hereby certify thallbe extract sel forth on the reverse side hereof is a tme copy of Al1ic1e VI,
Section 2, of the By-L'l.wS of said Company, and.is now in force.
IN WITNESS WHEREOF, the said Viee-Presidenl and Assistant Secretary have hereunto snbseribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this lIth day of July, A.D.
2007.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
L /)j*,~-!-
By:
AfJ'sistallt SecretG1J' AI. P. Hammolld
~~
Eric D. Barnes
Vice President
Stale of Marylanel }ss.
City of Baltimore .
On this 11th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
corrunissioned and qualified, came M. P. HAMMOND, Viee President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the inelividuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, thai they are Ihe said officers of the Company aforesaiel,
and Ihat the seal affixed to the preceding instrument is the Corporate Seal of saiel Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, T have hereunto set my hand and affixed my Orficial Seal the day and year first above
wriuen.
,,\\;.\~I.~~:'I///
~!I~!.J;~~~~
'11111111"
C:r~..a/,-cL a. DJ'~
Constance A. DWIIl Notar)' Public
My Commission Expires: July 14,2011
POA-F 031.3055
,
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
\
"Article VI, Section 2. The Chairman of the Board, or the Presidenl, or any Executive Vice-President, or any of Ihe Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and wilh Ihe concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances. stipulations.
policies, contracts, agreements, deeds, and releases and assignments of judgements. decrees, mortgages and instruments in
the nature of mortgages,...and 10 affix the seat of the Company thereto:'
CERTIFICATE
I, Ihe undersigned, Assistanl Secretary of Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
Ihat the foregoing Power of Attorney is still in full force and effect on tbe date of Ihis certificate; and I do further certify thaI
the Vice-President who execuled the said Power of Attorney was one of the addilional Vice-Presidents specially authorized
by the Board of Direclors 10 appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificale may be signed by facsimile under and by aUlhorily of Ihe following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND al a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signalure of any Vice-Presidenl, Secretary, or Assistant Secretary of the Company, whether made herelofore or
hereafler, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon Ihe Company wilh the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunlo subscrihed my name and affixed the corporate seal oflhe said Company,
this
1...\'1
day of
() ~CL.- "fr..
~r
,r
~2/ :; 7J
Assistcmt Secrttary
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, 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 Tamiaml Trail, East
Naples, Florida 34112
10. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Openlng Date.
11. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER.DELlVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
DATE: December 4, 2008
GC-P-12
",0:\:'
-.:".
,MA~SH;::
.,
"'CE"DTIF.I;';A.ir~'Q~'IN" '5" "U'.' RAN'- 'c"e' ::::";1 CERTlFtcAT~NUMBER
'.. !'. "".":,.~m;,p~1;"..,,I:"':", " . .'. ,.. ..:.. ;"':("~ ATL..on12A7029.09
THIS CERTIFICATE IS ISSUED AS A MATTER 0' INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE! HOLDER OTHER tHAN THOSE PROVIDED IN THE
POUCY. THIS CERTIFICAte DOSS NOT AMEND, eXTEND OR ALTER THE COVERAGE
AFfORDED BY THE POUCIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
i'>
~:f'}>~~\,'::
-lee.....,
.".,
'-,.
PRODUCER
Marsh
3031 N. Rocky Point Drive, Sulle 700
Tampa, FL 33607
101266.Bett.Cas.08.09
COMPANY
A TRAVELERS PROPERTY CASUALTY CO. OF AMERICA
INSURED
COMPANY
B CHARTER OAK FIRE INSURANCE COMPANY
1--------'
COMPANY
C CONTINENTAL CASUALTY COMPANY
COMPANY
o
'c:(iV~Mll~~{,'S,," '" ,." 'ili)$;e;;iiltt~1.~\iP!iiJO<!"~Od(.t>I~~onypi"avl~~!\IYISjJiiiil9i!il1jl~I.JQrth.Ii9li<1Y~rlMqiM,,'bOII!W,,:::iT,'..,1 "T
nns IS TO CERTIFY THAT POLICieS OF INSURANce DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMeD HEREIN FOR THE POUOY PERIOD INDICATEO.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTlFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO AlL niE TERMS, CONDmONS AND EXClUSIONS Of SUCH POUCIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CtAlMS.
BETTER ROADS. INC.
1910 SEWARD AVENUE
NAPLES, FL 34109
...--- -
co TYPE OF INSURANCE. POllCYHUloIlBER POLlCY EFFECTIVE POUCY EXPIRATION UMITS
LlR DATE (MMfDDNY) DATE (hlM/DDIYY)
A GENERALUABIUTY VT JEXGL5000B671 06/01/06 06/01/09 GENERAL AGGREGATE $ 2,000,000
X COMMERCIA!. GENERAl.LlAaILIlY PRODUCTS w COMP/OF> AGG $ 2,000,000
. I CLAIMS MADE [K] OCCUR PERSONAl.. & AOV INJURY $ 750,000
I--- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENce $ 750,000
X ~,n. '0<" 000 FIRE DAMAGE (Anyone lire) $ 500,000
MED EXP (Anv one DIlrSCl()\ $
A AUTOMOBILE UABILlTY VTC2JCAP5800B683 06/01/08 06/01/09 $ 2,000,000
f-x COMBINED SINGLE LIMIT
AN'( AUTO I ..
I-'~ ~v(v
I- AlL OWNED AUTOS BODILY INJURY $
(Perper5O/l)
I- SCHEDULED AUTOS
~ HIREDAlJTOS BOQIL Y INJURY $
~ NON-oWNl':D AlJTOS (PeI"lIccidenl)
(' ,>(~\ '/
" PROPERTY DAMAGE $
GARAGe UABlUTY 'J'/ AUTO ONlY ~ EAACClOENT $
I-
~ IMf'AUTO OTHER THAN AUTO ONL v: :,... " ,
EACH ACCIDENT $
AGGREGA1E $
C EXCESS UABIUTY L2091118453 06/01/06 06/01/09 ~'?CC~RRENCE $ 5,000,000
~ ,UMBRELlA FORM AGGkEGATE $ 5,000,000
ornER THAN UMBRELlA FORM RETAINED LIMIT $ 10,000
B WORKERS COMPENSAT10N AND VTC20UB5000B66A 05/31/08 08/01/09 X I TORY LIMITS I I ER ',,'r ".", ;s
EMPLOYERS' LIABILITY
El EACH ACCIDENT $ 1,000,000
THE PROPRIETOR! ~INCL EL DISEASE-POlICY LIMfT $ 1,000,000
PARTNERS/EXECUTIVE El DISEASE.EACH EMPLOYEe $ 1.000.000
OFFICERS ARE: EXCl
A OTHfR AUTO PHYSICAL VT JBAP5800B695 06101/08 06/01/09 COMP DEOUCTlBLE >,uuu
DAMAGE COLLISION DEDUCTIBLE s.oOO
DEScRIPTION OF OPERATiONSILOCATIONStveHICLIi.8/SPEOIAL ITEMS
General L1ablllty limits are on a per project basis subject to $15,000,000 policy aggregate.
,9,ERTIFICi\.TE,HOLDER
, <',:...,.. '
,
CAN,CELLATlpN ' :.
..
". ..<.:c'. ',:'.'
Beller Roads Inc.
1910 Seward Ave.
Naples, FL 34109
SHOULD MY Of THE POlICIES DESCRIBED HER!;iN BE CANCelLED BEFORE THE EXPiAATION DATE TtlEReOF,
THE INSURER AfFOftDlHG COVERAGE WIlL ENDEAVOR: TO MAIl --3..Q DAYS V.RlTTEN NOTICE TO nle
catTlflCATli HOLDER NAMED HEREIN. BUT FAlLURE TO MAiL SUCH NOTICE SHALl IMPOSE NO OAUGAno.., OR
UAfllUTYOf ftHf KINO UPON THE IHSURERMFORDING COVERAGe. ITS AOEN1S OR REPRESfN1Al'1V'ES, OR 1l1E
ISSUEROI'THISCERTlfJCA1E
AUTttORIUO REPRESEHTATlVa
Maf'lhUSAlnc.
BY: Nathan R. Collins
I..4;Dc;, I!.. C.. d-.;...
I: . "
" :
.
'.. ,,'
,
:' IoIM1(3/02):
',C;.-.
,
VALID A8 OF:06/03/06
PRODUCER
Marsh
3031 N. Rocky Point Drive, sutte 700
Tampa, FL 33607
';L:~'f,:;~!:;~Nih,;,;> ;;r,},;~":;..jii61ftj~6~~C ;;;~;";;';J
COMPANIES AFFORDING COVERAGE
"
'~QQtrlQNAt:J~,~gJ~~lPN:':::;'
COMPANY
E
COMPANY
F
101266-Bett-Gas-08-09
INSURED
BETTER ROADS, lNG,
1910 SEWARD AVENUE
NAPLES, Fl 34109
COMPANY
G
COMPANY
H
Addltlonal/nsured provided for General and Aulo Liability only when required by written contract Waiver of subrogation provided for Genaralllablllty and
Workers' Compensatlon only when required by written contract.
CE~TIFICI\T~ HOlD.~~
Better Roads fne.
1910 Seward Ave.
Naples, Fl 34109
MlIl'1IhUSAlnc.
Nathan R. Collins
iMD::71?. c.~
.;",..
.(.. .."'~ ',. .
.
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850)
487-1395
BONNESSL JOSEPH D
BETTER ROADS INC
1910 SEWARD AVE
POBOX 9979
NAPLES
III
FL 34101
~~~I~:~i~~~~~e;;'~~ t~~S ~~~~~~~~ ~fe~e~~e~~aa~~ UP~o?::~\~~~laR~~~Y~tlon. : ~W':""'\(~~~~illf~~~~~~~i.I~~i~
=;,':=:=~;:::=:~==:,:.,.1~~1~~l~~IIIli~
For Informallon aboul our services, please log onlo www.myflorldallce~sa.com. :>:"',;Gl~R'l'c:IlNDER~J~O:uNQ :l<;::~~C~V::'; C::~';I,'lI-S''::.' '.':)
Thera you can find.more Information aboul our divisions and the regulations that >,:.::~,'I}O~ES~Z..:,:.:J:QSJl?H:'J>>fJil :".,:,-..!:'Y/X:~?;". f.~~
Impact you. subscoba to departmenl nawslettars and laarn mora sboul ths ,.,'.::": B,~'l1'f,E:l\:.' ""oilt!!l:;:':JiNP ,;: :,": ':"e' ,/~; ieif' ":i~/i':?'~
5~e:1?:t~~11:,.r~1i"%r.a~;:;i""~' ?]!~~~iS~!f.~:~~~lfr~1
?-::'-'-'~I :i~itiOQ..tti\i1i:~ J\u4i:31/:~.2_0-10 . :.c~voa.G1~.o.:014 6"i-.~".o~,r
f~;o:/..: :,~~:./ . ::~~.;~/- ::>Y>!~:j . '~>::>}."~~::j,:'" ~;_l_[.' '>~:';"'--; "':~~',~,:~ '_::J/-
DETACH HERE
It'; 1fA)'1fo"\'d,.,;",\"}J,~~,,~,,"~,, .",~ .,,!'i!1i~~i'J1"i
(,;,;,_ -,-"~L,,,;- ;1.::.,}fY;i,~t.~~~~;;/J~~,:~~:~{1;<~V~iR;~~}E~i~if{:~~~~~i~~,~~~{.1,~f\~,~~~~Si;?~~~J~~,1
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
September 18, 2008
STEPHANIE C. KOPELOUSOS
SECRETARY
BETTER ROADS, INC.
P.O. BOX 9979
NAPLES, FLORIDA 34101
REI CERTIFICATE OF QUALIFXCATION
Dear Sir/Madam:
The Depax:tment of Transportation has qualified your company for the amount and
the type of work indioated beloH. Unlees your company is notified otherNise, this
rating Hill expire 9/30/2009. HONever, the neH application is due 7/31/2009.
In accordance Hith S.337.1~ (1) F.S. your next application must be'filed within
(4) months of the ending date of the applioant's audited snnual financial
statements and, if applioabls, the audited in~erim finanoial statements. Section
337,14 (4) F,S, provides that your certificate Nill be valid for 18 months after
your financial statement date. This gives a tNo month period to allow you to bid
oh jobs aD we process your neH application for qualificatio:q.. To remain qualified
Nith the Department, a neH application must be submitted subsequent to any
Significant change in the financial position or the structure of your firm as
described in Section l4-22.005(3}, Florida Administrative Code,
MAXIMUM CAPACITY RATING: $489,950,000,00
B'D0:r APPROVED WORK CLASSES I
DRAINAGE, FLEXIBLE PAVING, GRADING, HOT PLANT-MIX1W BITUM, COURSES, MINOR BRIDGES
B'DO~ APPROVED SPECIALI~Y CLl\SSES ol?W01U<:
NONE
You may apply, in Hriting, for a Revised Certificate of Qualification at any time
prior to the expiration date of this certificate according to Section
14-22.0041(3), Florida Administrative Code, Pleaso be advised if certification
in additional classes of work is desired, documentation is needed to show that
your company has done such work with your own forces and equipment or that
experience was gained with another contractor and that you have the necessary
equipment for each additional class of work requested.
Sincerely,
---_.._-~
Juanita Moore, Manager
Contracts Administration
JI1:cj
WWW.dDt.state.fl.us
* REGYO-CO PAml
.
z
Q
~
I
Cl
~
iii
15
iil
____~-n
tJ
~
tJ
~
0<:
::J
rJl
.t..(,'{S ~"3
f --r~i
'.~<
1).1.,,0
Cl()
~I~
c~
0)
'tl
W ~
~Cl:"
z ...
ell
:i:tl
0<: 11l
ii::o::l
al ..:
~ ..
~c
'+:l 0
w .5 "Si
... :!i 0
0<: .E ~6i
8 ~
If) 0):9 "=
rJl "
~ aJi.2J _0
jjJ ~~
- ...
~ ~ i~';
I .- m .
g $ ~ ~
~tJlf):511
:5g>,;~..J
]~'?~f
mgC!Ul
~
..
c.
..
,____ _,(.L..._____
'"
c
'6
'tl
lii
'tl
~
.5
d
.E
...
~
..
0<: :s
0 TEn cl.I
.... ifi;9
tJ
~ o,g'
0 COZW
,
;2 ....e..
~1
ffi lac';
a: :5 5
0<: ~~
::J
tJ
ui
c
o
'fJ
8
"N
~
"
fIl
m
c
~
~
c
o
'"
..
E
~
.5
...
~
~
. 'It'"------..- ._~
"
~
$
~~
~~
a.
:2,
III
"tl
~
~
.Q
t
.2
~
:a
~ ~
i!!.i1q"<l;<lq ,,!"lq"!N"!"<l;q';;
5~M.(y)M ~'l;tu)IO<<i(Dt'-o())~
W ::0 0
..J :& ~
~
... 51!!;Me.... '" "'... 10 fD" co en c:> ~
~ ~ ~co co co 00 (l(J 00 <0 0:) (0 eo aJ ^
-'->
~~8
~~.;
! X
:0
~
~ 0
o q
Gr?8
~tJd"
{;~~
~ .
:':S 8 !
::JX
~I
~~
"!1( ~-
tJ ~ X
~~
::J><
rJl~
~
::0
:l!
~~~
::o~
!2.
~
iii
13
:J
W;t:
~-E
~:::i
!1(~
tJ
~
a:
::J
rJl
~
'..
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE KOPELOUSOS
INTERIM SECRETARY
March IS, 2007
Mr. Joe L. Turner
Better Roads, Inc.
P. O. Box 9979
Naples, Florida 34101
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. Turner:
The Disadvantaged Business Enterprise Affirmative Action Plan submitted by:
Better Roads, Inc.
has been approved for a period of three years, Please update and submit a new plan
before the expiration date shown below. If you do not plan to work on any Florida
Department of Transportation projects, it will not be necessary for you to submit a new
plan.
If you need any additional information, please call me at (850) 414-475
OI1@I1UWffim
MAR 1 9 2007 m
Sinc1lY,
Ciwt~~~
, Carol Greene
Administrativc Assistant
Equal Opportunity Office
By
/clg
AFFIRMATIVE ACTION PLAN EXPIRATION: February 22, 2010
www.dot.state.fl.us
, ,
, ElETTER ROADS INC.
BETTER ROADS INC.
POLICY STATEMENT
djCJD
C>
--l
.~?;
',-
DBE AFFIRMATIVE ACTION PLAN
-0 :-":
It is the policy of Better Roads Inc. that disadvantqged:c
businesses, as defined by 49CFR Part 26, Subpart D and impleme~ed~
".1
under rule Chapter 14-78,F.A.C., shall have the opportunityJ:1:o~:
participate as subcontractors and suppliers on all contra~ts :,;
awarded by the Florida Department of Transportation.
The requirements of Chapter 14-78, and Florida Statutes Chapter
287.042, shall apply to all contracts entered into between the
Department of Transportation and Better Roads Inc. Subcontractors
and/or suppliers to Better Roads Inc. are also bound by the
requirements of Chapter 14-78, and Florida Statutes Chapter
287.042.
Better Roads Inc. and its subcontractors take all necessary and
reasonable steps in accordance with Chapter 14-78, F.A.C., and
Florida Statutes Chapter 287.042 to ensure that disadvantaged
businesses have the opportunity to compete and perform work
contracted with the Florida Department of Transportation.
Better Roads Inc. and its subcontractors do not discriminate on the
basis of race, color, religion, national origin, disability, sex,
age, or veteran status, in the administration of the contracts with
the Florida Department of Transportation.
Better Roads Inc. has designated and appointed a DBE Liaison
Officer to develop, maintain, and monitor the DBE Affirmative
Action Plan's implementation. The DBE Liaison Officer is
responsible for disseminating this policy statement throughout
Better Roads Inc. and to disadvantaged businesses. This policy
statement is posted on notice boards of the company.
Jo~:~e~sident
BE~ ~OADS INC.
Post Office Box 9979
Naples, FL 34101
March 9, 2007
_,:::. :JE~~ OF TRANSPt
, EQU 0 RTrJ! :ENE
APPROVED: . A PO f.-iL,
DISAPPROVEj 'J 7-
DATE: '3 /4; ~
I
BETTER ROADS INC.
I. DESIGNATION OF DBE LIAISON OFFICER
Better Roads Inc. aggressively recruits disadvantaged businesses as
subcontractors and suppliers of all contracts with the Department
of Transportation. To further the recruitment and coordination of
disadvantaged subcontractors, the Company has appointed a DBE
Liaison Officer to develop and maintain the Affirmative Action Plan
in accordance with the requirements of Chapter 14-78.
The DBE Liaison officer has the primary responsibility for
developing, maintaining, and monitoring the Company's utilization
of disadvantaged business subcontractors in addition to the
following specified duties:
1.
The DBE Liaison Officer shall aggressively solicit
from disadvantaged business subcontractors for
Department of Transportation contracts.
bids
all
2. The DBE Liaison Officer will submit all records, . reports
and documents required by the Department, and shall
maintain such records for a period of not less than three
years, or as directed by a specific contractual
requirement of the Department.
The following individual have been designated DBE Liaison Officer
with the responsibility for implementing the Company's Affirmative
Action program in accordance with the requirements of the
Department.
Joe L. Turner
BETTER ROADS INC.
Post Office Box 9979
Naples, FL 34101
(813) 597-2181
"':
BETTER ROADS INC.
II. AFFIRMATIVE ACTION METHODS
In order to formulate a realistic Affirmative Action Plan, Better
Roads Inc. has identified the following known barriers to
participation by disadvantaged business 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 Department of Transportation work.
3. Lack of interest in performing DOT work.
4 Lack of response when requested to bid.
5~ Limited knowledge of DOT plans and specifications well
enough to prepare a responsible bid.
In view of the barriers to disadvantaged subcontractors stated
above, it is the policy of Better Roads Inc. to provide maximum
opportunity to disadvantaged business subcontractors by utilizing
the following affirmative action methods to ensure participation on
contracts with the Department of Transportation. Better Roads Inc.
1.
Provides written notice to
specific DBE subcontractors in
subcontracted by the company.
a reasonable number of
all areas of work to be
2. Advertises in disadvantaged focused media concerning
subcontract opportunities with the company.
3. Selects portions of the 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) .
4. Provides adequate information about the plans,
specifications, and requirements of the contract, not
rejecting disadvantaged business subcontractors without
sound reasons based on a thorough investigation of their
capabilities.
5. Waivers requirements of performance bonds where it is
practical to do so.
"
BETTER ROADS INC.
6.
Attends pre-bid meetings held by
appraise disadvantaged business
opportunities with the company.
the Departnient
subcontractors
to
of
7. Follows up on initial solicitations of interest in D~E
contractors to determine with certainty whether the
company is interested in the subcontractor's opportunity.
Better Roads Inc. understands that this list of affirmative action
methods are not exhaustive and will include additional approaches
after having established familiarity with the disadvantaged
subcontracting community and/or determined the stated approaches to
be ineffective.
III. IMPLEMENTATION
On contracts with specific DBE goals, Better Roads 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, as an expression of good faith, seeks to utilize DBE
subcontractors where work is to be subcontracted.
IV. REPORTING
Better Roads Inc. shell
necessary to determine
Affirmative Action Plan.
systems to indicate:
keeps and maintains such records as are
the company's compliance with its DBE
The company designed its record keeping
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.
3. Documentation of all contracts, to include
correspondence, telephone calls, newspaper
advertisements, etc" to obtain DBE participation on all
Department of Transportation projects.
. .
. .
'"
,
,.. .
BETTER ROADS INC.
4. The company shall comply with Florida Department of
Transportation's requirements regarding payments to
subcontractors including DBE's for each month (estimate
period) in which the companies have worked.
V. DBE DIRECTORY
Better Roads Inc. developed a DBE Directory to be used in the
performance of contracts awarded by the Department of
Transportation. Each subcontractor will be assisted in obtaining
certification with the Department. The company utilizes the
Department's directory until all of its subcontractors have been
certified.
h '11 . 'b b /J.A
T e company w~ d~str~ ute for num er 275-030~,
certification form No.1, to potential DBE contractors
in its completion.
schedule a
and assists
J-.C!J
J Turner, President
BET ER ROADS INC.
Post Office Box 9979
Naples, FL 34101
March 9, 2007
BETTER ROADS
INC.
AFFIRMATIVE ACTION PLAN
REGARDING
EQUAL EMPLOYMENT
OPPORTUNITY
Page 1 of 8
It is the continuing policy of BETTER ROADS INC. to hire and employ
qualified reliable and productive employees without regard to race,
color, religion, age, sex, national origin, disability or veteran
status. In order to implement this policy, the company hereby
adopts the following Affirmative Action Program:
1. To assure that applicants are employed, and that employees are
treated during employment, without regard to their race, religion,
sex, color, age, disability, national origin, or veteran status.
Such action shall include: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship, pre-
apprenticeship, and/or on-the-job training.
2. The Equal Employment Opportunity responsibilities and the
discrimination complaint procedures are assigned to the company's
Equal Employment opportunity Officer.
3. BETTER ROADS INC. will comply with all applicable provisions
(Parts II, III, IV) of Executive Order 11246, dated September 24,
1965, regarding Equal Employment Opportunity. All superintendents,
foremen, office managers and other personnel having the
responsibili ty of hiLing, promoting, laying off or disciplining
employees, will read and be familiar with the above order and this
Affirmative Action Plan.
4. BETTER ROADS INC. will cooperate with governmental agencies,
federal, state and local, who have the responsibility to observe
our actual compliance with various laws relating to employment by
furnishing such reports, records and other matters as requested in
order to foster the program of equal opportunity for all persons
regardless of race, religion, color, age, sex, national origin,
disability or veteran status. Furnish the FAA and the Department
of Labor such information as they may require for the supervision
of such compliance, and to assist in the responsibility for
securing compliance.
5. Better Roads refrains from entering into any agreement with a
contractor debarred from, or who has not demonstrated eligibility
for Government Contracts and Federally Assisted Construction
Contracts or applicable parts of Executive Order 11246.
Please Reply To:
o P.O. BOX 9979' 5590 SHIRLEY STREET' NAPLES, FLORIDA 34101 . (941) 597-2181' FAX (941) 597-1597
o 13391 SR 31 . PUNTA GORDA, FLORIDA 33955' (941) 567-2231' FAX (941) 567-2250
U 4456 TAMIAMI TRAIL' SUITE A7. CHARLOTTE HARBOR, FLORIDA 33980 . (941) 743.2816' FAX (941) 566-2737
o P.O. BOX 1908' 2830 OLD STATE ROAD 8' LAKE PLACIO, FLORIDA 33862' (863) 465-5797' FAX (941) 597-6609
BETTER ROADS INC.
Page 2 of 8
6.Better Roads makes certain that all recruiting activities are
carried out on a non-discriminatory basis.
7. In requesting workers from hiring sources, BETTER ROADS INC.
will ask for qualified workers, minorities/non-minorities. BETTER
ROADS INC. will ask for written assurance from hiring sources, that
admisslon to their referral facilities is open on equal terms to
all qualified persons without discrimination based on race,
religion, color, sex, age, disability, national origin or veteran
status.
B. In all advertisements for employees, such advertisements
contain the phrase "AN EQUAL OPPORTUNITY EMPLOYER". Publications
of special interest to minority groups will be given employment
advertisement when feasible.
9. Better Roads seeks minority group referrals or applicants for
journeyman positions and employ in all skills and crafts.
10. BETTER ROADS INC. wi11 contact appropriate minority groups and
organizations to solicit for empJ.oyees where other methods have
failed to produce an integrated work force.
11. BETTER ROADS INC. wakes its hiring policy and Equal Empl,oyment
Opportunity Affirmative Action plan known to al~ subcontri'\ctors and
insists that they also comply with this policy.
12. BETTER ROADS INC. has established a system for the filing and
processing of complaints of discrimination by employees and
applicants for employment so <3S to assure prompt and equitable
handling. This system includes procedures to protect from reprisal
those employees who filed complaints of discrimination or the
appearance of such; such complaints are reported to the Project
Engineer or the Equal Employment Opportunity Representativi' at the
site without delay. Instructions are provided to the supervisory
staff at all levels as to methods of dealing with procedures or
discrimination which may be directed at minority group employees.
13. Discharge of employees for cause, ability or work performance
shall not be influenced by an employee's race, religion, color,
sex, age, disability, national origin or veteran status. Lay offs
of employees due to lack of work shall be based solely on need,
work performance and work ability. Documentation of the reasons
for such actions shall be maintained.
BETTER ROADS INC.
Page 3 of 8
14. BETTER ROADS INC. working in conj unct ion wi th the Florida
Transportation Builders Association will provide minority group
applicants and employees with equal
opportunities by actively seeking and sponsoring members of
minority groups for re-apprenticeship training. All management and
other employees in a position to implement this policy, including
those engaged in recruiting, hiring, promoting, and training, to
include on-the-job training and other personnel activities, will be
fully advised of their responsibilities for effective
implementation.
15. Better Roads provides opportunities for upgrading permanent
minority group employees at the home office and/or job sites.
16. BETTER ROADS INC. evaluates the qualifications of employees
referred through the usual sources to determine that their skills
and capabilities are being properly used or may be more fully
utilized or may warrant their advancement or transfer to other
types of jobs readily leading to advancement by inquiring into work
experience and skills of employees.
17. Be::ter Roads actually p3.rticipates individually or through an
association in joint apprenticeship committees to achieve e~uality
of opportunity for minority group applicants or employees to
pa.rticipate in apprenticeship pro'Jrams.
18. All supervisory personnel will be fair, considerate and firm
with a.ll employees, to expect and receive a fair day's work for a
day's pay without favoritism or consideration to an employee's
race, religion, color, sex, age, disability, national origin or
veteran status,
19. Job superintendents will have the overall responsibility of
carrying out company Equal Employment Opportunity policies and this
Affirmative Action Program at their respective job sites. When
work is begun on each new project, the superintelOdent will be
infocned on Equal Employment opportunity matters concerning the
particular project.
20. Goals and timetable are as established by the State of Florida
and will vary, depending upon the project location.
BETTER ROADS INC.
Page 4 of 8
21. BETTER ROADS INC. documents and maintains records of its
efforts to solicit bids from and to utilize minority group
subcontractors or subcontractors with meaningful minority group and
female representution among their employees. We obtain lists of
minority owned construction firms from State Highway Agency
personnel. We use our best efforts to ensure subcontractor
compliance with their equal employment opportunity obligations.
22. Bette~ Roads ensures and maintains a working environment free
of harassment, irltimidation, and coercion at all sites, and in all
tacilities at which Better Roads' employees are assigned to work.
Better Roads, where possible, VJill assign two or more women to each
constru~tion project. Better Roads will specifically ensure that
all foremen, superintendents, and other on-site supervisory
personnel are aware of and carry out Better Roads' obligation to
maint.ain such a workIng environment, with specif ic at tent ion to
minori ty or femal e individuals working at such si tes ot' in such
facili tIes.
L3. Better Roads has established and maintains a current list of
minor.i ty dnd female recruitment sources, provide written
notification to minority and female recruitment sources and to
'~ommunity organizations when Better Roads has employment
opportunities available, and maintain a record of the
organizations' responses.
24. Better Roads maintains a current file of the na,mes, addresses
and telephone numbers of each minority and female off-the-street
applicant and minority or female referral from a union, a
recruitment source or community organization and of what action was
taken with respect of each such individual. If such individual was
sent to the union hiring hall for referral and was not referred
back to Better Roads by the union or, if referred, not employed by
Better Roads, this shall be documented in the file with the reason
therefore, along with whatever additional actions Better Roads may
have taken:
25. Better Roads provides immediate written notification to the
Director when the union or unions with which Better Roads has a
collective bargaining agreement has not referred to Better Roads a
minority person or woman sent by Better Roads, or when Better Roads
has other information that the union referral process has impeded
Better Roads' efforts to meet its obligations.
BETTER ROADS INC.
Page 5 of 8
26. Better Roads has developed on-the-job training opportunities
and/or participates in training programs for the area which
expressly include minorities and women, including upgrading
programs and apprenticeship and training programs relevant to
Better Roads' employment np.eds, especially those programs funded
or approved by the Department of Labor. Better Roads shall
provide notice of these programs to the source as required.
27. Better Roads disseminates their EEO policy by providing notice
of the policy to unions and training programs and requesting their
cooperation in assisting Better Roads in meeting its EEO
obligations; by including it in our policy manual; by publicizing
it in the company newspaper, annual report, etc.; by specific
review of the policy with all management personnel and with all
minority and female employees at least once a year; and by posting
the company EEO poli"y on bulletin boards accessible to all
employees at each location where construction work is performed.
28. Better Roads reviews, at least annually, the company's EEO
policy and affirmative action obligations under these
specifications with all employees having any responsibility for
hi.ring, assignment, layoff, termination or other employment
decisions including specific review of these items with onsit.e
supervisory personnel such as Superintendents, Foremen, etc., prior
to the initiation of construction work at any job site, A written
record shall be made and maintained identifying the time and place
of these meetings, persons attending, subject mattey discussed,
and disposition of the subject matter.
29. Better Roads disseminates its EEO policy externally by
including it. in any advert.ising in t.he news media, specifically
including minority and female news media, and providing written
notification to and discussing Better Roads' EEO policy with other
Contractors and subcontract:ors with whom Better Roads does or
anticipates doing business.
30. Better Roads directs its recruitment efforts, both oral and
written, to minority, female and community organizations, to
schools with minority and female students and to minorit.y and
female recruitment and training organizations serving Better Roads'
recruitment area and employment. needs. Not later than one month
prior to t.he date for the acceptance of applications for
apprenticeship or ot.her training by any recruitment source, Better
Roads sends written notification to organizations such as the
above, describing the openings, screening procedures, and tests to
be used in the selection process.
BETTER ROADS INC.
Page 6 of 8
31. Better Roads encourages present minority and female employees
to recruit other minority persons and women, and, where reasonable,
provide after school, summer and vacation employment to minority
and female youth both on the site and in other areas of our
workforce.
32. Better
requirements
part 60-3.
Roads validates all tests and other selection
where there is an obligation to do so under 41 CFR
33. Better Roads conducts, at least annually, an inventory and
evaluat.ion of all minority and female personnel for promot.ional
opportunit.ies and encourage these employees to seek or t.o prepare
for, through appropriate training, etc., such opportunities.
34. Better Roads ensures that seniority practices, job
classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO
policy and Better Roads' obligations under these specifications are
being carried out.
35. Better Roads ensures that all facilities and company
activities are non-segregated except that separate or single-user
toilet and necessary changing facilities are provided to assure
privacy between the sexes.
36. Better Roads documents and maintains a record of all
solicitations of offers for subcontracts from minority and female
construction contractors and female construction contractors and
suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
37. Better Roads conducts a review, at least annually, of all
supervisors' adherence to and performance under Better Roads' EEO
policies and affirmative action obligations.
} Il'/) /'
~,yJJJ..Y;Y--~
~'Jos. D. Bonness III
President
January 20, 2000
BETTER ROADS INC.
Page 7 of 8
COMPLIANT OFFICES:
Florida Commission on Human Relations
325 JOHN KNOX ROAD, BLDG., F, STE. 240
Tallahassee, FI 32303-4102
1-800-342-8170
Regional Director
Office of Federal Contract Compliance
U. S. Department of Labor
61 Forsytah Street, S.W. Room 7B-75
Atlanata, Ga. 30303
1-404--562-2424
Flo:rida Dept. of Transportation
Offic of Minority Programs
3717 Apalachee Parkway, Suite G
Tallahassee, Fl. 32302
1-850-921-7370
U.S. Federal Highway Administration
227 N. Bronaugh St., Room 2015
Tallahassee, Fl. 32301
1-850-942-9579
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NOTIFICATION TO FOOT OF EEO OFFICER
275-{J21-13
EQUAL OPPORnJNITY
01107
Mail signed original to:
FOOT Equal Opportunitv Office, 605 Suwannee Street-MS 65, Tallahassee, F132399-0450
Section 1: COMPANY IDENTIFICATION
1. Conlrac!or Name: Better Roads ltic. --_.~ 2.. FEID No.: 59 2319514
. 4. Home Office Mailing Addre..: (city, Stale, Zip))
~Home Office Mailing Addre..: (streel)
1910 Seward Ave.. .. -- ,OJ, Naples, FL 34109
' .
-- 6. Fax Number:
5. Main Phone Numb,~r: ----" ----
239-597-2181 239-597-1597
7. Whatlo being I Inlllal EEO Omcer Nollce 10 FDOT TNe;;; Per.on ADDolnled I AODoln!ee ChanDed Name I Contact Oata Chan.ed
Changad? ILxlYes LJNo ILJYes L~No IDYesrx]No I[JYes~No
Section 2: EEO OFFICER IDENTIFICATION
8. Nama of EEO Officer: (flr.1 name, middle Initial, laot name) g. EEO Officer'. Working Tille:
Naomi Rodriguez EEO Officer/Payroll Supervisor
10. Work Addr... of EEO Officer: (Slreel) 11. Work Addr.s. of EEO Officer: (city, slate, zip)
1910 Seward Ave. Naples, FL 34109
12. EEO Officer Phone Number: . - T,"'" --
13. EEQ Officer Fax Number:
239-597-2181 .~'--~~- 2_39-597-1597
14. EEO Officer emaH address: Jl-,!"-,!,!,,S[~etterroa<!s. ne t
--- ---~~~~
Section 3: SIGNATURE OF CORPORATE OFFICIAL
As required in the Equal Employment Opportunity Special Provisions included in Federally Funded
Highway Construction Contracts and as required in the Equal Employment Opportunity
Requirements included in all State funded highway construction contracts, this official notice of EEO
Officer appointment (and/or update) is made to the Florida Department of Transportation and the
U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may
be found in the EEO Construction Contract Compliance Workbook.
15. Appointing Official'. Signature: --- 16. Dale: (MofDaylYr.) --
A ;; ;::L\ IZ/fo/b8
17. Official's Name: tJrlnte Joe L7'Turner 18. Official'. Title: (prlnl1ld) President
'-"
(This Section For FDOT Use) Section 4: Processing of Notification
19. Processed by: (First and Last Name) 20, Date Processed: (molday/yr) .
-
DISTRIBUTION: Original to FDOT Central EO Office FUss; Copy: Mailed to Contractor
UPDATE ACTION: Input In EOR System ~
STATE OF FLORiDA DEPARTMENT OF TRANSPORTATION
CONTRACTOR'S AFFIDAVIT
VEHICLE REGISTRATION
700-010-52
CONSTRUCTION
08101
State:
Florida
Collier
County:
BEFORE ME, this day personally appeared Joaeph M. Restino
(Contractor's Name)
who says that all of the vehicles operaled or caused 10 be operated by said Conlractor, are registered in the State of Florida, In
accordance with Section 320,
/ );;y
TYPED NAME: Joseph M. Restino
POSITION: Vice President
COMPANY NAME: Better Roads Inc.
COMPANY ADDRESS: 1910 Seward Ave.
Naples, FL 34109
State of Florida
County: Collier
Sworn to and subscribed before me this 4th day
of December ,2008 by Josellh M. Restino
,(!~::z: signing Certification)
#,'1 "14 Notary Public Slate of Flonda
~ _, ~ Donna DIMare
~~ ., .; MyComml~s1OnDD711581
C."...... 'of Expires 10J05'2011
~onl,;
10-5-2011
Commission ExpIres
)
Personally Known ....!- OR Produced Identification
Type of Identification Produced
TO BE COMPLETED BY DOT PERSONNEL
BUDGET ITEM NUMBER:
FIN PROJECT NUMBER:
CONTRACT NUMBER:
STATE OF f'LORJDADEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
215-000-10
eQUAL OPPORTUNITY OFFICE
02106
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tailahassee, 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:
Better Roads Inc.
AddresslTelephone Number:
1910 Seward Ave., Naples, FL 34109
(239) 597-2181
Bid/Proposal Number:
09-5140
Quote Submitted MMIYR: .12108
49 CFR Part 26.11 requires the Fiorida 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.
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5,- $10 million
o Between $10 - $15 million
IX] More than $15 million
8. Annual Gross Receipts
~ Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
1. Federal Tax ID Number: 650595477 6, [XI DBE 8. Annual Gross Receipts
2. Firm Name: GCE Services Inc. 0 Non-DBE 0 Less than $1 million
3. Phone: 239-995~1781 iii Belween $1 - $5 million
4. Address: P.O. Box 150052 0 Between $5 - $10 million
Cape Coral, J!L 33915 7. [XI Subcontractor 0 Belween $10 - $15 million
0 Subconsultant 0 More Ihan $15 million
5. Year Firm Established: 1995
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
275--OJO..10
EQUAL OPPORTUNITY OFFICE
02108
1, Federal Tax 10 Number: 650536902 6.
2. Firm Name: Cross Country Underground
3. Phone: 239-594-5000
4. Address: 5650 Yahl Street
Naules. Ph 34109
o OBE
I!I Non-OBE
8. Annual Gross Receipts
o Less than $1 million
~ Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 miliion
o More than $15 million
7. II] Subcontractor
o Subconsultant
5. Year Firm Estabiished: 1994
1. Federal Tax 10 Number: 203507657 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: Banks Enll:ineerinll: Iil Non-OBE 0 Less than $1 million
3. Phone: 239-597-2061 jlg Between $1 - $5 million
4. Address: 2515 Northbrooke Plaza Dr. 0 Between $5 - $1 (j miliion
SlOe. 200. NavIes. Ph 34119 7. 00 Subcontractor 0 Between $10. $15 mililon
0 Subconsullant 0 More than $15 million
5, Year Firm Established: 1993
1. Federal Tax 10 Number: 592570133 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: Tincher Concrete Canst. IX! Non-OBE 0 Less than $1 million
3. Phone: 239-267-7766 0 Between $1 - $5 million
4, Address: 16900 Gator Rd. 0 Between $5 - $10 million
Ft. Myrs. Ph 33912 7. 00 Subcontractor [] Between $10 - $15 million
0 Sub consultant 0 More than $15 million
5. Year Firm Established: 1979
1. Federal Tax 10 Number: 592114027 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: Trutwin Industries. Inc. I!J Non-DBE 0 Less than $1 million
3. Phone: 239-489--4240 0 Between $1 - $5 million
4. Address: 8031 Mainline Pkwy. IKl Between $5 - $10 million
Fort Mvers. FL 33912 7. 00 Subcontractor 0 Between $10 - $15 million
0 Subconsullant 0 More than $15 million
5. Year Firm Established: 1978
1. Federal Tax 10 Number: 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: 0 Non-DBE 0 Less than $1 miliion
3. Phone: 0 Between $1 - $5 million
4. Address: 0 Between $5 - $10 million
7. 0 Subcontractor 0 Between $10. $15 million
0 Subconsultant 0 More than $15 miliion
5. Year Firm Established:
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:
Better Roads 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
presentiy debarred, suspended, proposed for debarment, declared ineligible, or voiuntarily
excluded from participation in this transaction by any public agency.
I
Joseph M. Restino, Vice President
Name(s) and Tltle(s) of Authorized Represent
Better Roads Inc.
o BUS~S
thorized Slgnature(s)
December 4. 2008
Date
(8) 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 Tltle(s) of Authorized Representatlve(s)
Name of Business
Authorized Slgnature(s)
Date
GC-CA-I-11
~ ! I "
&e it
~;i
u. ~
Ul 3 't ~
~n~
.il ! ~
~ if a ~
~q
ih
~ ~ 5"
ll"s
5!is
HI
H~
~h
~tQ
!l.'l. [
i g g
~ i!..
'1 .
I;f
i~~
ud
.. j!1
] ~ ~
!f~
~ ~d
H
..'
~~qoi""~"
~UI~~'l~il.a
~f~'i. ~tt !.~
~it! ,,~ ~f.
n;ap'r H
!".Il:I\~~I:~il'
q~l~:f~[tl
~aig l.fh
Il.~q~~ '. "
~:rfu ..all
!~pt p~
}~fHhh
~tiIH~~~
~ihpt~t
~ffi.~!~U
!i'.h:fh-li~
~s-.ill'&,g
liP ~'jif
.i~.E.9Rl\1
,t:i!ll.!h:
!l&'all~Uh
;~lf.h-'i~~
iiHihal
~~;ri-t[~i~
UI!Hifl
~!!hi ~g!
"""","Uo"",,Z o_S!'
'< Cll g l' l:t ~
~ ~ g.,..; - ti 3
:: AI ~''''5-4 0 l:i
~~~=li'~ ~~
~~l' \. >i~
g. [
~IM ~_ ~
"- '
2 fij ir", ~
"-l r ~~
" Cll
2 - g
0. ~ tjr
11:;-
a~ ...
il g.
\~ ;""
-., !l, II: fa-
\i~~
dl'l
;' ~.~
,; Jj' 0
..; 1>" 0
-:'~I.~;, \. !
-.,~ ~df ~
'J~ ffxI
-> ~
:\''' Chang> 0 0 " ~ :l:l 0
~i 0 0 ?' .2 eL
" :J "ll
g . a ~ ... "ll Z Iii !'!
. z ~. R ~
~ g, ~
1l.1 p z :::
h i:l (JJ ~ ~ ~
" ... 61
Ii 8" ....
~! ~ ! t--j 0 ~ ~
B . 0 0
"'Iif :J ~
II rl ID- :if
11 w:!:
.... ~ . 0 !:l.
" z i:i:;!- )> ~
I'l AI il
!f Ii ~ t:i
"
a ~
n () ~
,
;;1 ;
.Y ... Tier \
! " ~
;a ~
Ii ~'-
~ "
~i m
::::: Ei
h ! 'II>
~ Il.
~~
~j' r r
~l ::I (JJ
~I " l"I
" 0" '" :?
11 0 ID "
1 0
:J I >i :J. Gl
i :if '" " 3
w i (1) (1)
, ~ :J
<I !:l. ...
ID 0 "
l:i .." !J I i!1.
~ .... ~
~ ... ..
0 ~
. 3
,
'"
....
'\'l
.... ,~
ofJ
...... ~
'" f ~ ,;J r
"
11 ;!-
.... ~ m
--j "d o ~ "
~ ~' fj . r ~ ~
o<l :J.
'C ~ ~~ ~
ot.
0
:J 1'0 8 "
~ ~ '8 g.
.... ~~i~
0 "
ID )>'
8:
iiI
Porth!! ~ z Nn
;. ~ '~
..,. I~ ~ C
N
0 0
. . --j ~ \\\\\1111111"
N N eno
.." '" e-QL ,...\'
'" '" .$f- .............
, , ![~
Ie Ie ~,' ~
.." .." - f;!JL g
=Oi~ 'iii
~ =:0: m
091'/ la' ~""
i:l NON DBE ~7' ",
O(JJ
o Iif
c _
:J Cll
~o
a-
51
:J,
"-
AI'
~
....
:J:
m
~
ii1
o
,.,
5
"
~
~
;:
~
o
,.,
~
'"
'0
o
~
~
o
z
o
m
~"j
;;;;:!~
::!!!j1
o~
~~
00
Z'll
o~
"'jIi
C/)"'!
Co
lll~
lii~
-l(ll
::E0l
~H
"
""'f.
~/I"
'"
""'~
o"~
~'I' \
~~ f
~ ~., '"
~ '" ~.... $"
~~ ................. 'J~.;::.
""" \''\.
I'I/ \\\\
""111111I111'\\\
"
b:l
to
TRUTWIN INDUSTRIES
(SCHEDULE A)
liTEM NUMBER DESCRIPTION
700-20-11 Single Posl Sign, F&I, Less than 12 SF RI-1 (30" x 30")
700-20-11 W3-IA (30" x 30")
700-20-60 Single Posl Sign Remove
700,48-48 Sign Panels Relocate, 15 or <
706~3 Retro-reflectlve Pavement Markers BI Directional WhIte/Red
711-11-121 Retro-reflective Pavement Markers BI Directional VellowlYellow
711-11-122 Thermoplastic Standard White, Solid 6"
711-11-124 Thermoplastic Standard While, Solid 8"
711-11-125 Thermoplastic Slandard White, Solid 18"
711-11-141 Thermoplastic Slandard White, Sold 24"
711-11-241 Thermoplastic Slandard White Skip 6"
711-11-170 Thermoplastic Standard Vellow, Skip 6"
711-11-221 Thermoplastic Standard While Arrow (Turn Around)
711-11-221 Thermoplastic Standard Yellow, Solid 6'
711-11-224 Thermoplastic Standard Yellow Solid 18"
711-17 Thermoplastic Remove
//J1
President
12 4-08
Date
QTY UM UNIT PRICE TOTAL PRICE I
1 AMBV $227.19 $227.19
1 AMBY $227.19 $227.19
3 AMBY $69.91 $209.72
1 AMBY $7,922.64 $7,922,64
37 EACH $5.83 $215.54
94 EACH $5.83 $547.59
1465 LF $0.93 $1,365.49
375 LF $1.46 $546.14
399 LF $4.66 $1,859.49
20 LF $6.99 $139.81
54LF $0,93 $50.33
66 LF $0,93 $61.52
6 EACH $81.56 $489.34
2044 LF $0,93 $1,905.16
182 LF $4.66 $848.19
1388 SF $2.62 $3,638.59
ITOTAL $20,253.951
.
TRUTWIN INDUSTRIES
(ATTACHMENT A)
liTEM NUMBER
700-20-11
700-20-11
700.20-60
700,48,48
706.3
711-11-121
711-11-122
711-11-124
711-11-125
711-11-141
711-11-241
711-11-170
711-11-221
711-11-221
711-11-224
711-17
DESCRIPTION
Single Post Sign, F&I, Less than 12 SF RI-1 (30" x 30")
W3-IA (30' x 30")
Single Post Sign Remove
Sign Panels Relocale, 15 or <
Retro~reflectlve Pavement Markers 81 Directional White/Red
Retro-reflectlve Pavement Markers BI Directional YellowlYellow
Thermoplastic Standard While, Solid 6"
Thermoplastic Standard White, Solid 8"
Thermoplastic Standard While, Solid 18"
Thermoplastic Standard While, Sold 24"
Thermoplastic Standard White Skip 6"
Thermoplastic Standard Yellow, Skip 6"
Thermoplastic Standard White Arrow (Turn Around)
Thermoplastic Standard Yellow, Solid 6"
Thermoplastic Standard Yellow Solid 18"
Thermoplastic Remove
QTY UM
1 AMBY
1 AMBY
3 AMBY
1 AMBY
37 EACH
94 EACH
1465 LF
375 LF
399 LF
20 LF
54 LF
66 LF
6 EACH
2044 LF
182 LF
1388 SF
UNIT PRICE
$240.80
$240.80
$74.10
$8,400.00
$6.15
$6.15
$1.00
$1.55
$4.95
$7.40
$1.00
$1.00
$86.45
$1.00
$4.95
$2,80
ITOTAL
TOTAL PRICE I
$240.80
$240.80
$222.30
$8,400.00
$227.55
$578.10
$1,465.00
$581.25
$1,975.05
$148.00
$54.00
$66.00
$518.70
$2,044.00
$900,90
$3,886.40
$21,548.851
nq UHHlilJH
uti 1:ll.I..o ~ ."
ill! JfJiil~i}II
~riJ f!lt[frt!~gl
fls !~rH i~~i~
!Il mmilHI
iJ~~ qtill~tHI
~ i ~l~~llh~~1
~ i ~Ah!lqf.!!-~~
~:hl ~i!B!~Jti!
ij" 2qs.~il.l!~:
hi HHIihl~H
IH d~~a'-'li 1
lfgil' ~~f8.jjp ;01
J!! HHhllh~~
ill lIilfilflll
u d8.h ~"g
. .
...... "U 0,",",
~ ~ ~. ~ ;p
So iil ~'NO"
a: ~ "S Ii'
! f f"
~I~
a
Q. 0
5 Al
It"
a
Q.
"
Ii
a~ !i~
:5 c..
:r3~a
n a- a ill
m ~ 5:
if III
... l:'!
<T
9.
[
<T
Nm.
g *
~
- 9'
~ or
li'
~
g.
-l
[
f
~ v'~ "o'\,
g ~o~; .,.
g ~~A."<' ~ fit
I !.r$:oz '<
"...Mil r
" v ~ 01-< en
:-'3~i i'
~~~~. ~
l-l ~ ,.. ~
~ 0\. 5"
::.'~ g: .
---
I..
c0-
.
'"
....
c0-
.
...
V1
Change
~
o
l/l
l/l
~
'"
~
~
"
...
~
o
~
(j)
~
I
~
z
~
"
..
Tier
~ "'
:';> !!!
vJ 0
~. '"'
~
~
"
"
...
~
III
~
W
,
lfl
8
::J
~
11
a-
~
o
3
~
~
~
l
...
".
'g
......
(?
~
"
~
~
~
;l-
o
"
9.
"S,
o
:0
Portl"
....
~ -l
':0 lfl[
~ ~~
~
DOE!
8 NON DOE
;l
t>j
o a
b' b'~~l*"
c a ~ ".. i!
:3 ,- ... Z Rl m
~~~.~~ ~
:. Ci ~~ <';
.. :.~~ ~
5
'"
~
-l
~ [b'
Fo'b'~
V1 or:o lB
'" - ~ ...
l" ~ 11 ~
;;: ;l- ~ Co'
a ~
~
\
~
~"
Ir
"
U'l S'"tJ
'f "':0. Gl
~ S ~ ~!
~ p ~ ~
~ '"' W ~ ~
.
"
m
~
g
~
~
~
(J)
2l
~
~
o
m
~~
-;;1
::!!~
~~
~~
~I
c:o
lJJ~
,~~
o~
~
'\--., N
~ '\"
f - r
~ :; ,~ "
l/l :i'. ~
~ r ~~ ~
~ 8..:'C ~
~ f~ i ~ ~
~~
~ ,,,""1/1/111,,,,
"U \,\ ""'''..:
~ """, ............h;:.',~
~ s" .~~~
ff:< ~ C)"'\l~
~~l ~ /~J
''1' '. \ II .....s;,."
% ...... ...<rs.l"
"'/"i: .......... \,,~
///1 \\\'
11111"'UIII1\\\\
CROSS COUNTRY UNDERGROUND
(SCHEDULE A)
liTEM NUMBER
425-1-521
425-1-545
425-1-551
425-78
430-171-101
430-171-102
430-984-133
DESCRIPTION
Inlets, Dt. Bot. Type C. <10'
Inlets, Ditch Bottom, Type D. Partial
Iniets, Dl. Bot, Type E, <10'
Inlet Cap. Precasl
Pipe Culvert Optional Malerial, Round - Shape. 0 - 24", SS
Pipe Culvert Optional Malerial. Round - Shape, 25 - 36", SS
Mitered End Section, Optional Round, 30" SD
d~/AJ
_12/4/08 _
~ .ph M" Restino, Vice President
QTY UM
1 EACH
1 EACH
1 EACH
1 EACH
3 LF
170 LF
3 EACH
UNIT PRICE
$2,404.91
$2.135.75
$3,329.42
$1,843.18
$101.99
$55.71
$1,872.43
~TOTAL
TOTAL PRICE I
$2,404.91
$2,135.75
$3,329.42
$1,843.18
$305.97
$11,339.93
$5,617.30
$26,976.45 ,
CROSS COUNTRY UNDERGROUND
(ATTACHMENT A)
liTEM NUMBER
425-1-521
425-1-545
425-1-551
425-78
430-171-101
430-171-102
430-984-133
DESCRIPTION
Inlets, 01. Bol. Type C, <10'
Inlets, Dilch Bollom, Type D, Partial
Inlets, 01. Bot, Type E. <10'
Inlet Cap, Precast
Pipe Culvert Optional Material, Round - Shape, 0 - 24", SS
Pipe Culvert Optional Malerial. Round - Shape, 25 - 36", SS
Mitered End Section, Optional Round, 30" SD
QTY UM
1 EACH
1 EACH
1 EACH
1 EACH
3 LF
170 LF
3 EACH
UNIT PRICE
$2,550.00
$2,264.00
$3,530.00
$1,955.00
$108.00
$70,70
$1,985.00
ITOTAL
TOTAL PRICE I
$2,550.00
$2,264.00
$3,530.00
$1,955.00
$324.00
$12,019.00
$5,955.00
$28,597.00 I
;r ~ ~ ~
l). e: 0 Ii
~ ~ [ ..
;- g ~!:t
il.~~~
!a S ~ ~
~ ~ ~ 0
1:'.& 1[....
~ ,. a ~
. . ~ [-
lit. .
If;;;
\ih
. , .
~ 05'
~ '" 0
- ~.
H!.
. " 0
" ~ '
Ql ! ~
~[s
~ ~ i4'
~g~
Q a [
[~ g
!tr
Li
iI&16
lo1ia
~. D
~~;
it 3 ~
"2 ~ ~
~ ~ ;
"'it'll
a 9. ~
~ it Jf
~
11
..
--' ....... () jo-l Zo
~"oT'
~ ~ ~ ""~
(tJ 0 _. I "tI
a ~ ~'NS-
c:: ~ g Sir
!!l ^ !l'....
~ 2 l
!. :3 en
~IM
o
a. 0
~ ;u
~ ~
o
a.
c:
lil
a.
a:
'"
"
3i
~
'"
o
"
I
-1~;JJ~f;
~~,,"1iqh~~'1l
3g..,,"~_..c..,~
~~3~il~~li:i'[
~~~A~~g~m'a]
~'i'<s.~~. fl-.~~
~g:ii'~.g~~~l>l)
J't.1iii:Jg~i~a::
~s i!'-.itsoo,
t~gH~";l!;JJ~:i
(D....~a:J3!;.a&l2.g
Q~~~;~ iiif~g'a'
. >1"''i1i ..~ ,,"o~
.~ ~o."g""'g"
'C N is: - ~ ;:, M li
&~ 8jfg!f~~~~
:l.gg~a.Ii,,~".
~U!iu""8~~~1
qH~lh~hii
~~p ih~~[
~"-MiL ~!l'li:~~"
ifn....~--~~~~fl).~
a-;~~if~ogl!!: g:
" ::> = iiI (: v. 0 g lirlC
l~i~i~~~l:os
~ ~~ ~ra~"O !l;:~.s_
:c85~~~.8~~'a
.j~b~H. ~
~~""tI ~ Dill C/)S::I~~o
3!1iil'''06l ~
lfll tr<g \It 6) a if ~ ~
5'~c:rtD~v.9'g, 5~
~. ~~g..a~'TI' m~
.~-, c_~~~
IJ ;:t 0 0. "';::J" C
0. II g. V. ~ (ll - ih Bl ()
IJ "1J G if B',.- Q. () III 0
.~ U01"~~!!'R
~~~~~'<:aCi:~
iQilj"~R
Ei~g':. ~!!~~
'"' ~ li~.f! !:;i!I. Cl-<"
~ g S!: if ~ Q.::>
~ ... .... .. .,
s. ~ (")$It
o II>
c: ~
" l1)
3 ""s.
S- a:!]
II> 0
" ~~
a.
'"
c:
0- 1>'
~
~ ;:;
0-
~- ~
0-
r -~ $. d
0
@ et
3
'"
2:
'"
m;::otf
~'<gii1
@-Qffi..::!
~~9~
em's:.=-.
~5'~ ~
~~ *
~o 0
"j -
~
~ "
~ a:
.
~ I~
ilIi1a.
, II>
'<
~
(jl
rt
" S.
'0
N
o
N
o
.
VI
o
il
.
l
""
o""";U~19
(") 0 ,,' )> J!l it I ....
o :::l' -0 c: .. I
5 r+-oZetl m
f~~.~~ ~
:. 6 ? t:i n1
-i .... t: !il
~ ~ ~ ~ 5
g;-i~~ @l
.. 0 :::I ~ }>o
V1lif__11 0
~ ::E ~ 'B
. 0 ..... ;1:>
~,~ ~ ~ g
~ ~ ~
I: ~
.. :;j
,~ >
z
\ !(l
I~ ~
~ ~
o
z
Chang'!
~
~
~
...'
n
"
(jl
d'
n
(/)
c:
0-
o
g
~
o
~
Z
II>
3
'"
.... Tier
'"
VI
I
0 -n
~ rn
6
~ ..
"
"
b;l
~ (/)
c:
~ 0-
8
a
il' ii1
ll> !l.
". S-
(jl ~
~
0
, 3
~
~
~
""
o
'"
'"
o
~.
~
c'
"
Partl"
~
~
:;
--i
(/)$l.
C:D>
0--
-)>
!a~
DBEI
NON OBE
"
I ,.,~~..
.... ':" Ir
~ ~" ~
o ~ ~
J '". ~
a 8 go
~ ~ t:;'
(D ~ ~n
".. ~ .-+.
8: O~o~
~ _Z I
~ ~ -
X \ UIII"'II11""
r.n \\\\ ~I"'I'L;
~ ...\' ~
~,.... .ua...... ~
~ .., .... ~~
"....... t'Q ~\~%.
_:-1 ~ ~!')I:::
:\0 O::u b .::
\zl ~~.. f
~.... "'>~."f:' ~
~ ...... .......tJ,.$f-
~/ ........ \\\"
1'/1/ \\\\
1//11111111111111'
I
VI
'f'
N
'"
....
""
VI
....
...
r
rt
~ "U
11 3' g>
;n !<I l1> :J
fT1 g () m
:- c::w g ~
I~ "
~
,
if:;-
act
o
~
f
~
"
.
t!I
~
....
~
o
m!')
~~
::!!"
o~
)>5
-I'"
-ll
0"
z~
0",
" "
m
CIl:,
C,<
1Il~
r-ll
!:!I~
:E~
Og
::Oz
"
GCE SERVICES INC.
(SCHEDULE A)
liTEM NUMBER DESCRIPTION
570-1-2 Performance Turf, Sod
Ouu-/ gy/ A/vdz--;~
rPhr Restino, Vice President
QTY UM UNIT PRICE TOTAL PRICE I
898 SY $2.25 $2,020.50
12-4-08
Date
ITOTAL
$2,020.50 I
GCE SERVICES INC
(ATTACHMENT A)
liTEM NUMBER DESCRIPTION
570-1-2 Performance Turf, Sod
QTY UM UNIT PRICE TOTAL PRICE I
898 SY $2.40 $2,155.20
ITOTAL
$2,155,20 I
11D.l" ;to
il ~ ~ it
~qil"
. .' "
~ ~? !i
Q. '< 0 !)
(/j 3 ... 3
~ ~ g ~
.;: ,. Q
~,,~~
~.g If
!; ~ ~r
~ i ~
tII ~ ~
3 __
. 0 ,
"".
_ 0 .
iH
! ~ g
~~~
!.ID ::T
p"
~~.
~ .- .
~ , ~
Q a"'
3 ' ~
5" 0 =
~ ~ g
-g a ~.
~ u ~
il~
1Il = ii
~ ~ D
= Dl c
~5.8
~~~
,,~ @
@ @ .
11I.2:"8
:: a ~
o 9 0
{f Ill.:::>
-g,-g
~ ~
.. '
-n,. Chz:mg=
~ =
! ~
..
. .
"a
it'!
. ~ '"
ijl ~: CIl -l
S' c: ... ~
1<. CT ...
o ~ ~, 0 Iii
0 -l 0
, ~ :>
n ~ . 0 0
'" U1 Qt :>
'" '" g
ill '1 w ~
~. ~ , >l-
z ..... ;l- ;p-
g ~ OJ U1 3
a 3 0
9 l1> c:
. a
a
il ~
;;l~ ..... Tier
~ ..
~ n ,."
"'''
0 0
5' ~
.~
[ ."
\Jl m
,~ 0 6
.....
'!j' '" ..
. 1.11
, . .....
0
S
. '"
Jl r
n "
2: ... CIl
n ... c:
0 .. g
[ >1 0
g :>
g
'" !l.
" c;
g ~
0
. 3
'"
'"'
III
Ii
~
;;, ~ lfi
"
~ ;l- ~
~ Cl III
-l .. III
'"
~ >', Q .
~ -g t'l
0
:>
~
...
0
'" >
n
n
m
Portia ~
..... ...
,." ,."
. . -l
1.11 \Jl CIlO
8 0 c:liT
0 CT -
. , -;p-
o 0 ~3
0 0 -
~ ODE!
l:l NoN DeE
~~~103~W~
~Hdll"~~~
::J !i Q, ~'... [~
e,1lI~lf=O ~""
<.....:J ".~ 5" b a:
a: ~ '< C lTl;:i II
.~..;;~~;.~~
G' 01 a "" ~ ~ to;::l 11
;'..!!.z,,.~i!"
3-.;s c s::: f;r It a' ~
!~':":l.3.O:~"O
.Q"3... "
'" "'Il ~ QI ::I -. IE ;II
g~s:aa.~=g,&
~~Q~~3i~~
.~'.'1l5.
'&~if~~28C9.0
il,wn "':;"1
:l.g..H!lS~,git
~"J~~lf:z.R~
_:I. ll~Il.Q'''_
'.~;lg-3.h'3"O::J:
" 1lI ill ij;::J '0 a "'0
~d~!ii".&
,.,,'" ".~.Q
... ;::r... E (i G)
~t~fo~~~~--
tII!0i-:l~::L!.
a ::T ~ :r::r =!:: :E
iH~[~~HN
~'il,"~~ilJlil!!l
::J (.I) al n; 6' 0 n ffi ;:l. -0
--~og;:J"'"U~oa
~~~~~!~g.i~
q~UHid
g"g jjO'.o~'. III 11! '"
!;:I ...;:J 1ll::J.". "U
~;<R&iill.'l~lll~n
b~~-l1~[~P"
a. ~ -+ n :s =;" g 15':::f m
~ 41li;! ~ 2. (II ~ lir~
-. (jO 10'1 ii' n ~ III !!!.
~iH~.q,"H>
~[g~"~il"2.~
.:t~CfOIlOa:~~...r1
~-~"a CD[5
oifo~l ~alll~
~ .... :::t ~ .... 9. ::l
~ "tJ b'....z 0 CIl OCll
'" 3T'~ - ~ 0-
" ii! c: !!(
III 0 31.11-< 3 :> III
0 :> l:r I "'lJ "<9,
- " " c;
c: ~ ci' N 5- a."
'" i=8 ~ OJ 5"
:> ^ :> ".
3i :> 0. 0.
~ '" .,
0 ~. '1 c:
OJ CT
do :> '"
0 1M "
:> :>.
"tJ CT
a '"
0.
0. 0 CT
c:
~ ;0 ,." '"
0'
0. "tJ 8 iil
a CIO 3
0.
c: ..
<> so
.. c-
o. '< 0;'
c: -'-<
"0
~, ~ ...
~-.s'""o ;< III go
,
~~\ "'e>'
\~. ~ ~ :Ii 0.
:tlA.')~ Q" ~
tr~oz m~
'0,<09.
~-g5~ gill
. ., " '"'
.....30-0
Q 3. _. <= 'H'
ov.~2:
Ol~. ~ ('r ~. 0
~;:J<tJ0
......0 !!t fb'
-0 ~
::i '" ""
3i
0; " g
"1 Q
a: o'
m ~
~
0 0 ." ." ;0 0
0 0 ?" ;p- '" 9!.
c: :> "tJ .0
:> ... "tJ c: !'!
~ z $. Z l1>
P R \'l.
~ z ~
~
b' ~
j:: ~
>',
~
~
.;
~
"
~
\
'-I.
....\
.....
~
lr
'"'
\Jl ...
'" III 1J
I >1 ". Gl
,." ." 3 III
W ~
... ~ <1> :>
'" t. Ol1>
\Jl !J o iil
.... ~ :> -
... .. if :;-
!i' ~ 0'
n ~
,
...
'"
...
o
i
~
III
,
9
:;I
rn
~
rn
o
."
."
5
;0
~
Cl
rn
~
2
rn
~
o
."
-;
~
Z
(f)
(3
;0
'"
::l
o
z
o
m
~"1
-~
::!I 0
0:::
>6
::l~
00
Z'li
0"
-n~
m
00'<
Co
lD~
In~
-l;g
::Eel
O~
;:0)1
"
If
rI
'"'
~
~
~
III
~
~
~~
g~f
~~ /g
(f)
m \\\\\ 11111111,,/
~ ~,,\\\ 'III....,.
, . ....... R;:I'",-
~ ,0' "':"C")..~
~ ..... ~ ",'k
g... ~ ~.~~
~o it;:; ~ tl~
~:!! :0:> JIll ,,:- ~
-t:l 'W ~ o' -
\ ...... ~'y~ ..~ J
~ ...... ..<~.~$'
~ ........ ~.s-
1/1// \,\"
1/1""11111\\\\\\\
liTEM NUMBER
101-1-2
101-1-1
DESCRIPTION
Surveying & Layout
As-Built Drawings
BANKS ENGINEERING
(SCHEDULE A)
/~
~ :t-PPe?'V..6
Vice President:
QTY UM
1 LS
1 LS
12-4-08
Date
UNIT PRICE
$1,500.00
$1,000.00
ITOTAL
TOTAL PRICE I
$1,500.00
$1,000.00
$2,500.00 I
liTEM NUMBER
101-1-2
101-1~1
BANKS ENGINEERING
(ATTACHMENT A)
DESCRIPTION
Surveying & Layout
As.Bulll Drawings
QTY UM
1 LS
1 LS
UNIT PRICE TOTAL PRICE I
$1.590.00 $1,590.00
$1,060.00 $1,060.00
)TOTAL
$2,650.00 I
~! ~ ,.
~ ~d
;; g ~ ~
iL~o ~
! ~ ~:J
tDo ~ ~ -
b; co a ~
~ g 9. ~
. ~ "
~ & !!!.
. [ g
!i - ~
. g ~
HI;
o .
~ ~
~ ~ g
Q) II ~
~ ~ ~
o. _. ,.
" . ..
::' '" ~
a 9 3-
Q 9. ~
:i' :J OJ
5" g g-
o. ~ '
-g.g :"
, 0 <
r! ~ flI
l!: Ii. s
~~a
tl. ~ IJ
g 5. iG
~~~
e ~ .
~ ~ ~
~ ~ ~
:::.a ..,
~ ~ g"
~ . .
-g~
~ ~
it '
.::I "U 01'-1 Z
-0 (1) 0 Q!\;
(1) ~ ~ J,-<
So D>_:;] ~. J~ \J
a: i5"'- 5-
(l) -< ::l 0 =
::J ?;' !l'::: 0
~ 0 '2.
!!l. ~ jj
~I~
a
a. 0
?; ;u
~ 1J
a
a.
"
o
(1)
0.
0:
. ,pS..v.
~~... tl#. "\
.,'1"~
o '"
'('I(,ll..'-''''
ms:;oz
~,-;,~ ~
g:001<
.... ~ ~; ~I
!?' ""oJ
~g~t,
00 iJ
=0 (if
:::1 9-
~
~ Q
"
o
::.'I~a'i08-fm;lJ"O'"
~ ~ ~ ~ ~ ' ~ ~ . a =
~~~~dHln
~ i ! a ~ 0 U g i ~ a
h~;;n~~!n
".O=Jl ~ ~"~~~:
~j!~~ifgit:ll5:[i
K2.li'!~!j~g~
~hail.n..~n
~q~<!!3:ql:!n
i~iii!l~'ci,"gQ~
~::Ua~tt:) ~::l..,
~'!f,.~!f 3i!ll.
~;r~if~~i~T"l.t~
O' n i ~ ,...
~3;i~~P.o:1!]
~ s: II ~ ::1 "2. w;? ~:I
;;:o:~g~R"Q~.n8
)>"'[Ja- tr N;:J
Q:,2.ilji :E 3G'l-....lq"
,.. ~"g ~!"'~;'fi
lD a-...;;:. ;!! :7li..!!..;:> 3"
a.......~Dg.ggcSc..l1
1tI ~ III ... II 0 -c;s 2: en I:;
~5.=i~tf'ggggg:
3~g~&g:.f.2"Olii.1Q
lD Q..., iiI :i Ql -.. ~
jl (hili It lZ)'i Sl Ii;;j. ~
IlIja i~ l~a~.~
;a ~ l: a. ~ g- 9 l5:::r
~~s.aiil3[5'~:a~
~394AJl5"~iic It
I~ ~.[~-P!S i~ ~~
~ ~ 0 4 ~ ~ ~ ~ ~ ~ ~
~~~!-g]~~~~~
o.ItO~:JC..- ~s.
tl1llf~~~.ij~~~3.
'" :J. VI is' 0. ., bl m I!!. C':I
.c:;~.c:;;:'!O~gOIOOO
~~i~~~~H~~
~o?;g~ ~~:Te
~~5~O ~ll;~
~-:::!.~l a:J
~
3
c;
D>
::J
a.
"'
"
0-
"'
o
::J.
0-
(1)
a.
0-
N @.
C ~
C (1)
00 3
(1)
go
-2" w.
115-
::I. In 4='-
aID ~
~='
" ;K
s.., 0..
"0 .21
~ Ir
0"
i ~ rt
;. ce.~'
} ...."
:j' 0
I) ~
3i
g
5'
~
O'!J
o D>
c: _
::J (1)
-<to
0-
-"
o
::J.
a.
D>
-i
o
et
....
....
C'r
.
,.,
,...
'"
,
C
C
Change
~
....
~
go
>i
(f)
"
0-
o
o
::J
iif
&
~
Z
D>
3
(1)
b'
~
>i
..
...
..
g
en
...
,
,...
ner
'"
""
I
N
'"
...,
C
....
'"
'"
"
m
Ei
..
~
...
...
..
>i
g'
&
.,
~
(l
.
-i
.... s.
~ e!.
oo-iO
. 0 0
\.ng::J
~<iif
. a: ~
~;l-~
o
"
3.
0 (") " " ~ Cl
0 0 ? :>- ~
" ::J 1J .0
l% 1J Z "
z $- ..
~ P !<l.
9 z :::;
~
b' ~
~ ~
~
~
tY
~
,
"-
~
J
~
~
..
(J) go
" ...
g '" ...
0 "" .. 1J
::J I >i ::J. Gl
iif N " 3 ..
'" g'
s:l- .... ~ .. ::J
"" & 0(1)
c; '" i:l o iil
.... " ::J _
~ .ll- .. iif-
0 Ii' s:l-~
3 (l 0
~
.
g
(l
>i
..
...
..
~
;<-
:?
"'
o
::J.
1l.
o'
::J
Portia
....
,...
C'r -i
. g>~
N
,... 0-- .
'" -:>-
, ~~
C
C
-gr. oeEJ
j:l NON DOE
~
~ ....
Ie
I-' ,...
.. C
"
. I
~
'"
.ll- ~
....
C ..
Ie :>- .
u
u
<iI
!l
g'
Ol
"U ~
o
~~ ~~
Ofi~' iii'
.z ~ g.
?:q: ~
"
x
(J)
~
r
Oil
..
...
...
..
>i
R
:i!
m
~
m
o
."
."
5
:0
~
a
m
;'<
"l
;::
m
"'i
o
."
...
~
z
(J)
"U
o
:0
:;!
::l
o
z
o
m
;:Q!1
:::1~
::!!o
o~
>5
-t'"
_ 0
0"
ziii
~
o?O
.,,31
cn~
c,;;;
l!!~
!!1m
~~
:::o~
"
\\' \\11111111/11
\\\' 11"1:
" A~
~ .........~
~ ......, ~'."g..~
l.t... \f~'~~
i::g ~ ~
~ ~ .t~ g
-:,.Y'.. ...."Y.. ~
-;.. ... ? ..'-~:.::-
.-;.... .' ""'-~
", ...............IJ,v-
'/, ",
1111 \\\\\
11/1111'1111\\\\'
liTEM NUMBER
400-1-15
400-2-15
520-1-10
522-2
524-1-1
Tincher Concrete
(SCHEDULE A)
DESCRIPTION
Concrete Class I, Miscellaneous
Concrete Class 11, Miscellaneous
Concrete Curb & Guller, Type F
Sidewalk Concrete, 6" Thick
Concrete Dllch Pavt., Non Reinforced, 3"
QTY UM UNIT PRICE TOTAL PRICE I
5 CY $500.00 $2,500.00
5 CY $500.00 $2.500.00
516 LF $10.00 $5,160.00
190 SY $27.00 $5,130.00
5 SY $185.00 $925.00
ITOTAL $16,215.00 I
/t/~~tf
Vice President
12-4-08
Date
liTEM NUMBER
400-1-15
400-2-15
520-1-10
522-2
524-1-1
TINCHER CONCRETE
(ATTACHMENT A)
DESCRIPTION
Concrete Class I, Miscellaneous
Concrete Class 11, MIscellaneous
Concrete Curb & Guller, Type F
Sidewalk Concrete, 6" Thick
Concrete Ditch Pavt., Non Reinforced, 3"
QTY UM
5 CY
5 CY
516 LF
190 SY
5 SY
UNIT PRICE
$530,00
$530.00
$10.60
$28.60
$196.10
ITOTAL
TOTAL PRICE I
$2,650.00
$2,650.00
$5.469.60
$5.434,00
$980,50
$17,184.10 I
~ ~ i ;to
a. ~;:j il'
~qil
;; g g ~
:J ~ + ~
Co '< 0 tIIo
{J) 3 ., 3
~~~1!
..5 !![ Q
~ s= a ~
. ~.g fg'
~ ~ g'
~h
<II g :t
i 8 s'
~[B
o. ,
o ~ '
.. 0 a
. . 0-
, 0'
: il~.
g 3 ~
~" -. "
=~;;;-
~ "Q
0' ;1
q .. il'
3' "
iif ~ g'
jaw
- ~ .
i 0 c
_. a ~
~ g g
0'1-
<. g
g. g c:
.o~
.:~~
c ~ .
" ~ 0
;.2:-2
=n~
6 So g'
~ ..
~-g
B "
~ g
~~
"0 iil
ll> 0
o ::I
- !!!.
0::-<"
ll>
~ ^
3i ::I
~ ~
~I~
11: 0
" ;u
~ "
a
e.
c:
"
ll>
e.
g~ 9..~ ~g ;'~a'"O)>-
:3 cr'" ~:J ;a. III ~ l/I a =
~ a~Q a~'~ S;Z ~:!
~~.3~~Qo2..~g~'
:JaO:;:J _~ -. l\l
eotllo;g;::o!lgsr.~;a.
~'i'~ [) 1,iI.-g g'lll g. 2.."0;1
~ ~~~g ~~fL~Z~.
Y;~=>iil~:S=~lIl;t:o'
~8~~~.~gZ-~zr~
1f'!3~-'i!.3li:8",,~
!:loD.. -li'-o go.
2.. ::n S\ R ~ 2. :;:: ....: ;:l !!I.
QIlaa.~=a~2~
~~8~~3~~~g.~
.~~li'l<tl'&:J~O:J3
~!:'j zr~@8C"::n~li
it to) n:;:J"::!;a. 8: (D ~
lIIoo",o~lif=r~O .
0.:J [) ::a' lD [: ! ..
,Q''Tla;ffjl\l8.n as
g. 8.. s;l.-o 9. 8:IE -=ii ~
~~~2~'O!~ ;~~~.
=!;;to () l,Ij n - l\l [) :> 1Il
~:a:gggn.~':g~~!:!
~-u~-@;Eg~G)~~
"~'Q.g,D.~E a5.~~
~a~~g;E9'[!~-
[?,;,~~~~l?c:~~~
-g~irb5iif~];;-gC.
~~:Jg~9~~~~!
<1l c. (II iii ~ " t: i:ll '"
:J 00 i:ll C\I il'5' &l ... '" ~ \);+
~~Sifiil~ap.a~~
iO~~r::Q.Ss.o~~3
:Jo2.aatf~,g.~:3~
!l~S~~~~lDo-~2.
11] lii',ir~r? e ~R "'5
:3 :3 ""':3 Al ~ ..... :S"2
10 ':'= Q: (II m ill g. III :t (Ii ;:lJ
I:: ;J a. II> ..... S 2. lU 3i2
~;lo~ll~~"P.o<:
a.(II....a.~~:Y~:+1r;;r
lU ,,;:y ;:y -. ! (II a: - c a.
~~':~'~C"OlU"'!!!.O
&al5-!:io"<go~Og
oo~"n~""s
g~ -<g~~io..o'"
~~lUQ~ Q~9'2!l
!l :T S Ill, a ~ ~ et ~
o III 0 9' "2 = _ Al"<
~-~~ll( a:3
0....
o T' 0
~ \11"~
iii'l "(I
"'0' '" c
0""
i~5'
~. t
~
o
3
(l 6"
i ~
" '"
'1 c:
0"
'"
"
~
0'
ll>
e.
0"
N a-
S ro
00 3
ll>
5'
~ (ft'
-'-<
"0
:J. en ,Jl:oo
;- ~ ~
~ l"
ro lIi
9... g.
alii''''
~ en
'" ..
og b'
5' 0
a!!l
o Ql
C _
::I ll>
~o
-
s'"T1
0'
::I.
e.
Ql
i~g~
~'Q~~
~301J
03-.1::
ov> ~sz::
2.d3'~ 0"
N::Jl'I>(/)
go ~
-0 ~
:1 g,
~
~ g:
lir
I
c}
!it
.....
....
.
'"
'"
....
,
'"
o
Chango
g;t
rt
"
.
en
(jJ
c:
g-
o
::I
iii
S
~
Z
Ql
3
ll>
i
1'"
a
~
b'
00
....
Tier
'"
b
'"
....
00
....
'"
....
"T1
m
a
..
16'
rt
..
"
'1
(jJ
c:
0"
o
o
::I
iii
II
s-
~
o
3
iJI
~
".
en
w
,
~
Q
en
1".
g
~
'1
o
I-'
~
~
^
o
ll>
~
".
>l.
o'
"
PartlEl
.....
....
.
'"
'"
....
,
'"
o
--j
g>*"
0"-
-;,.
!a~
l::l
~
DBEI
NON DBE
..,.
....
....
oo--ja
~~~
l.J,)<ai
. Cf!l
~~)>
3
o
c:
~
",--", H..
5 ~:J 16'
o ..
rt
~ ~
'ii~iJI
~~ ~
o
~ ~fW
~~r
> '
~ \\\11111111111/"
~ ,,\\ 1',1'1.
~" .............~
~ ..... C ".'~"'z
fr::.... ~~..~
~o :\-- .., ~ :73-
~~I[~ ~~~\ ~
"coW .....l'i: ~
\~ \..... - ~'y>~.i. .f~
....1- ............. .t'J~.:::
/1: "
/1111 \\\\\
""11111111\\\\\
--j
a '"'
!!!. Q
I::
1-"
ll>
'1
f
I-'
"
en
.
~
~
....
o
'"
a a "T1
g g ~'
a. r+ -0
-;<;. Z 0
P ;.
Si
~;uoq
"1l~ * J!
z ~ .. m
? ~ ~
z _ <;
R ~ m
i ~
"
~
o
m
;<;
"1
'"
m
"i
o
.."
~
Z
<J>
"
o
~
i5
z
~
~
~,!
~
iJ,
i
'"
'"
I
N
W
....
'"
'"
....
....
16'
..
rt
"
'1
~ [
~ en
..
g
.
r
a
~
"
>,
0-
0-
(il
g:
"
", G)
3 ll>
'" "
all>
g ~
@5'
!l0'
o
~
o
m
~E
-m
:!!o
o~
~~
-"
00
zm
~
0>
"T1~
m
cn~
C<;i
tll~
r-?i
m~
-18
~~
0"
;o~
"
liTEM NUMBER
104-10-2
104-11
104-13-1
DESCRIPTION
Synthellc Bales
Floating Turbldlly Barrier
Slaked Sill Fence
KATE's ENVIRO FENCING INC.
(SCHEDULE A)
QTY UM
180 LF
50 LF
585 LF
12 4 08
Date
UNIT PRICE TOTAL PRICE I
$7.00 $1,260.00
$6.50 $325.00
$0.70 $409.50
ITOTAL
$1,994.50 I
liTEM NUMBER
104-10-2
104-11
104-13-1
DESCRIPTION
Synthetic Bales
Floating Turbidity Barrier
Staked Slit Fence
KATE'S ENVIRE FENCING INC
(ATTACHMENT A)
Qry UM
180 LF
50 LF
585 LF
UNIT PRICE
$7.40
$6.90
$0.75
ITOTAL
TOTAL PRICE I
$1.332.00
$345.00
$438.75
$2,115.751
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ANTICIPATED DSE PARTICIPATION STATEMENT
27s.D30-11A
EQUAL OPPORTUNITY OFFICE
02106
--_...~-" 4. COUNTYIIESI-
1. FINANCIAL PROJECT NO. 2. FAP NO. 3. CONTRACT NO. 5. DISTRICT
Collier Co. Collier
Bid 11 09-5140 One
6. PRIME CONTRACTOR NAME 7. FEID NUMBER
-~.,-~.- -'
Better Roads Inc. 59-2319514
_'0-
B. CONTRACT DOLLAR AMOUNT 9. REVISION? ~ IF YES, REVISION NUMBER:
-
--
10. IS THE PRIME CONTRACTOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT
CERTIFIED "DBE"? (DISADVANTAGED ~ NO CONSTRUCTION 111 OR MAINTENANCE O?
BUSINESS ENTERPRISEI 0 VES
12. ANTICIPATED DBE SUBCONTRACTS:
PERCENT OF
DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT
DOLLARS
.
A
Kate's Enviro Fencing Erosion Control $ 1,994.50 1.4%
-,,-
B
GCE Services Inc. Sod $ 2,020.50 1.4%
C
-- - -, - ---.-
0
-
E
F 11A TOTAL DOLLARS TO 118 TOTAL PERCENT OF
DBE'S CONTRACT
$4,015.00=$0,00 2.8%-,,-<l9%
-
13. SUBMITTED BY /I 1.12 ,DATE 13. TITLE OF SUBMITTER
Restino ( j, A' ,,/ #a~ ;'8 --
Joseph M. Vice President
-
14. EMAIL ADDRESS OF SUailtlTTER 15, FAX NUMBER 16. PHONE NUMBER
jr@betterroads.~t 239-597-1597 239-597-2181
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY
FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE
CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FDOT STAFF
FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE.
THE FOLLOWING SECTIONS ARE FOR FDOT USE
17 .PROCESSED BY 18. DATE TO EO OFFICE 19. LETTING DATE 20. EXECUTED DATE 21. PRECON CONF DATE
DIS
T I D FAX D EMAIL
22 .SUBMITTED TO EO BY D SHARED FOLDER -
eo I 23 .INCLUDED IN DBE PARTICIPA HON REPORT OFIMIDiVlT T -----r-
OFC I I I I
CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federallv Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-
assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which
are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the
forwarding of the following notice to prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Notice to Prosllective Subcontractors of Reaulrements for Certification of Non-Seareaated Facilities
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract
exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to
prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000
and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making
false statements in offers is prescribed in 18 U.S.C. 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor/subcontractor certifies that she or he does not
maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or
he does not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally-assisted construction contractor/subcontractor certifies
that she or he will not maintain or provide, for his employees, segregated facilities at any of his
establishments and that she or he will not permit his employees to perform their services at any location
under his control where segregated facilities are maintained. The federally-assisted construction
contractor/subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract.
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 directives or are, in fact,
segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any
other reason. The federally-assisted construction contractor/subcontractor agrees that (except where she
or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he
will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will
re 'n such cert~fiCatiOnS in his fi~
.. // -U/t#
/ ignature
Joseph M. Restino. Vice President
Printed Name
Better Roads Inc~
Firm Name
9/2008
Form C-004
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Better Roads, Inc. ("Contractor") of 1910
Seward Avenue, Naples Florida 34109, a Florida corporation, authorized to do business
in the State of Florida, to perform all work ("Work") in connection with 111th Avenue at
Sth Street Intersection Improvements, Bid No. 09-5144 ("Project"), as said Work is set
forth in the Plans and Specifications prepared by URS, 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: one hundred and forty eight thousand
six hundred sixty dollars and sixty cents ($14S,660.60).
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
GC-P-13
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.tms.treas.gov/c570/c570.html#certitied. 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 Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
fifteen (15) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, seven hundred and
fifteen dollars ($715.00) for each calendar day thereafter until Substantial Completion
GC-P-14
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
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.
GC-P-15
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:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions (LAP FUNDED PROJECT)
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by URS
and identified as follows: 111th Avenue at 8th Street Intersection
Improvements
as shown on Plan Sheets 1 through 25.
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:
Claudine Auclair, Project manager
Collier County Transportation Planning
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-8192
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:
GC-P-16
Joseph Restino, V. P.
Better Roads, Inc.
1910 Seward Avenue
Naples, Florida 34109
(239) 597-2181
(239) 597-1597 (Fax)
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 Assians.
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. GoverninQ 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 anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
GC-P-17
Section 13. Entire AQreement.
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. Chanae 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-P-18
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
ITNESSES: ( L'
A5- ( .a.-t.L By:
FI~ WITNESS '
f) 11 Al.t/ /J b I /W ME
Type/Print Name
SECOND WI
Cou("-tn
Type/Print Name
y-
Date:
;),//0/0<7
. .
OWNER:
ATTEST:
CONTRACTOR: \\\\"'''R'' " 1/1/11/1111
,\.\'..c:...,Q. (\4r\;: ""......1
~,', '~:...:::~%"~
Better Roads, I~nc. j~' ~0R.t .....-; \.
(-~ ' ~t) ~\::
'"-. ~t-'" //1 ~Ut/"~EAL J J
,iePh M. Restino, Vice ;~s:ill~~RJ."'/ !
Type/Print Name and Ttfle,'I/'"(ORiot-\\,,"'~
""fllIll1\\\'\'
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FRIDA
BY: ~ d..<<.€
Donna Fiala, Chairman
. '\-. '.:: f,,:' I;',' ,~.
~ll~~c
: r · {~~~''llt'I'
Appr6v~d As To FOrm
and Leg'at'Sufficrency:
Print Name: ~# I? )~)
Assistant County ttorriey
GC-P-19
FRONT PAGE OF
PUBLIC PAYMENT BOND
I1'HIS BOND IS GIVEN TO COMPLY WITH SECTION 255,05, FLORIDA STATUTES, AND ANY
I ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
I ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION
255.05(2), Florida Statutes
BOND NO. 8915516
CONTRACTOR:
Better Roads Inc.
POBox 9979
Naples, FL 34101
239-597-2181
SURETY:
Fidelity and Deposit Company of Maryland
1400 American Ln, Tower I
Schaumburg 11. 60196
800-382-2150
AGENT:
Lykes Insurance, Inc.
Construction Services Division
400 Norlh Tampa Slrcet, Suite 2200
Tampa FL 33f<l2
(8\3) 223-3911
OBLIGEE:
The Board of Counly Commissioners of Collier Counly FL
3301 East Tamiami Trail
Naples FL 34112
239-252-8999
CONTRACT
BOND AMOUNT:
$148,660.60
PROJECT:
I 11th Avenue at 8th Street Intersection Improvemenls
Bid No. 09-5144
Location: ll1th Ave & 8th St Intersection, Collier County Naples FL
a
m
EXPERIENCE the POWER of PARTNERSHIP
Ib~k~.
- )~!URANCE, INC.
EXHIBIT A
PUBLIC PAYMENT BOND
Bond NO. 8915516
1111h Avenue at Slh Street Intersection Improvements
Bond No. 8915516
Contract No. 09-5144
KNOW ALL MEN BY THESE PRESENTS: That Be tter Roads Inc.
1910 Seward Ave, Naples FL 34109
and Fidelity and Deposit Companv of Marvland
Surety, located at 1400 American Ln, Tower I, Schaumburg IL 60196
(Business Address) are held and firmly bound to The Board of count~ Commissioners of
as Obligee in the sum of One Hundred Forty-eight Thousand Six und~~~.LMh~o~li1iY 607100
($148,660.60---) for the payment whereof we bind ourselves, our heirs, executors, Dollars
personal representatives, successors and assigns, jointly and severally.
, as Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2009, with Obligee for 1Ilth Avenue at 8th Street Intersection
. B'd 09 5144- d 'th d' d 'f' t' h 'lIProvements
In< ~ no. - accor ance WI rawlngs an specl Ica Ions, w ICrT
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 20~~ the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
Bond No. 8915516
111th at 8th ST Intersection
Signed, sealed and delivered
in the presence of:
\\1\11111""""
""":'-Q~/"
.-<~.. 'II'
,'-"A.. ' ....... &"''''-'''
'l{y' -,.., .....,~.'t' ~
PRINCIPAL I /f,,~~O/tf;;"-: \
Better Roads ~nJ.. SEAl
Witnesse~~
BY:
NAME:
ITS:
, ,
~ ?O" '" .
~ ". '98 -I, .~
~ "+: '1'1- "
'",/,t.oFiio"'-",,"'"
STATE OF Florida
COUNTY OF Collier
The foregoing~trument~cknowledged before mSl-,this /J/faay of ~~~~
20jj., by ~Lp_-,E /... I u/'<!Jt/<!..L , as L~5."J::,r-.ur f
Better Roads Inc. , a Florida corporation, on behalf of the
corporation. !::!f!/she is personally known to me OR has produced as
identification and did (9!fLnill) take an oath.
My Commission Expires: /C' 5" -2tJ) I
0( cV~;'1 PIJe. Notary Public Swte of 1:loric!o ·
. R , vI" Donna DIMare ._ ~
. _~ :, ~ M'yCl)lnmiSSlonDD711~,'81
lo.. ~..;-., 0$ EXPIIL"; lOl05l2011
-' OFf\:...,-..../'>-~
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of hJfC;}.,;9
Commission No.: ~h ~/J 5'f</
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln, Tower 1
Schaumburg IL 60196
(Business Address
(Authorized Signature)
N/A
(Printed Name)
N/A
Witnesses to Surety
GC-CA-A-2
OR
Bond No. 8915516
111th Ave @ 8th 5t Intersection
~_~~n. ,4_
jLt, G-
As Attorney in Fact and Florida Licensed
(Attach Power of Attorney) Resident Agent
Eileen C. Heard
(Printed Name)
Lykes Insurance, Inc.
400 N Tampa 5T #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF
COUNTY OF
Florida
Hillsborough
The foregoing instrument was
February , 20..Q.~ by
Attorney-in-fact
Surety, on behalf of Surety_
known
acknowledged before
Eileen C. Heard
of
He/She is per
me this ~h day of
, as
d
1!\lR:~~ed
and who _ (did not)
take an oath.
My Commission Expires:
PETER A. THOMSON
'c, Slale ot Florida
My comm. expo Dec. 15,2011
Comm. No. 00 738410
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-3
EXHIBIT A
PUBLIC PERFORMANCE BOND
1111h Avenue at Slh Street Intersection Improvements
Bopd No. 8915516
Contract No. 09-5144
KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc., 1910 Seward Ave
Naples FL 34109 , as Principal, and Fidelity and Deposit Company of
Maryland as Surety, located at
1400 American Ln, Tower 1, Schaumburg II 60196
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County FL , as Obligee in the sum of
One Hundred Forty-eight Thousand Six Hundred Sixty and 60/100 Dollars
($ 148,660.60 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
20-.!L9 with Obligee
111th Avenue at 8th Street Intersection Improvements, Bid No. 09-5144
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.
day of
for
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.
GC-CA-A-4
Bond No. 8915516
111th aye @ 8th St Intersection
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 , 20.J!.,9 the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to "'!t\\tlority of its
. \\\\1\ /Tilll
governing body. ~~~\!::.R.o~~~\
Signed, sealed and delivered . :of ..r' r~~ R.4l'.;.. ~=
i e presence of: PRINCIPAL" <"'
; ~ SEAL =
Better Roads :;pc ....
)
BY:
~
"
.'
,
"
NAME:
ITS:
STATE OF
COUNTY OF
Florida
Collier
The foregoing instrument was acknowledged before me this /1M day of
rJ/;.eu~:f" , 20~ by CTi€ ~. /t(,e,ve~ , as
_ tk5./l{. I1i r of Better Roads Inc. , a
Florida corporation, on behalf of the corporation. He/she is
- -
personally known to.~- OR has produced
as identification and did
My Commission Expires: //J...5- - c2L1/ /
"'V"'l"l"\,'"V"\/""':
o<Jo"Y""$<< Notary Public Slate Q! Florirj,J
: ~6 r: Donna Ol~k]fe
~ .::"f.. ~ My Commossion DO?, 150'
~Off\.O~ Expires 10.'1)5/2011
,
(Sig ure)
Name: Au A' /Ii /9
(Legibly Printed)
~-----
Notary Public, State of: TU/CI b/t-
Commission No.: )),\ /f// ..,RJ
U,tC
~/ /w liter
GC-CA-A-5
Bond No. 8915516
111th Ave @ 8th St Intersection
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln, Tower 1
Schaumbur~ IL 60196
(Business Address)
N/A
(Authorized Signature)
N/A
Witnesses as to Surety
(Printed Name)
OR
~
Z=-~-C. l.a.-L
As Attorney in Fact and Florida Licensed
(Attach Power of Attorney) Resident Agent
Eileen C. Heard
>tA:...:-___
Witnesses
(Printed Name)
Lykes Insurance
400 N Tampa St #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF
COUNTY OF
Florid.
Hillsboroueh
My Commission Expires:
knn'tJT1
e this 13th day of
Attorney-in fact
rp. Surety, on
me ,Q~xxIlRlix~ed
did (did not) take an oath.
Name:
(Legibly Printed)
PETER ~. THOM SON
Notary Public, Slate of Florida
My enmm. exo. Dec. 15, 2011
Comm. No. DO 738410
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-6
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the Stale of Maryland, by THEODORE G. MARTINEZ, Vice Presidenl, and GREGORY E. MURRAY,
Assislanl Secrelary, in pursuance of authorily granted by Article VI, Section 2, Oflhe~y-LaW id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and ef~ t tGI reof, does hereby
nominale, conslitule and appoinl Richard P. RUSSO, JR., Tanya L. R ~M. , II, Peter A.
THOMSON and Eileen C. HEARD, all of Tampa, Florida '~"!'il C 0 omey-in-Fact, to
make, execute, seal and deliver, for, and on its beh ~.ts . and all bonds and
undertakings, and the execution Of~UC ~o n' se presents, shall be as binding upon said
Company, as fully and ampl t'<"'1('l'f u . I een duly execuled and acknowledged by Ihe
regularly elected of Cbhi niP . ore, Md., in their own proper persons. This power of attorney
revokes Ihal issued _~~ ' JR., Tanya L. RUSSO, Hiram P. HAMPTON, II, Peter A. THOMSON,
Eileen C. HEARD, ~~@I:2\>ML'
The said Assistant &f'rctafY does hereby certify thaI the extracl sel forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed Ihe Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day ofSeplember,
A.D. 2008.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary
L-'ro"r, f1/t1.d
~m;.lh;x7 ;(~
Theodore G. Martinez
Stale of Maryland }ss:
City of Baltimore
On Ihis 3rd day of September, A.D. 2008, before the subscriber, a Nolary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice Presidenl, and GREGORY E. MURRAY, Assistant
Secrelary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 10 me personally known 10 be Ihe individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, thaI they are the said officers of the Company
aforesaid, and thaI the seal affIxed 10 the preceding instrument is Ihe Corporale Seal of said Company, and thaI the said
Corporale Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by Ihe aulhorily
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunlo sel my hand and affixed my Official Seal the day and year firsl above
written.
fY/U~J-
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2009
POA-F 031-3055
ACORDm
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDfYYYY) :
02/12/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Marsh
3031 N. Rocky Point Drive, Suite 700
Tampa. FL 33607
, 101266-Bett-Cas-08-09
INSURE"iI--------,.---
Better Roads, Inc.
1910 Seward Avenue
Naples, FL 34109
__~lJ~~RS AFFOI~D1NGC()VERAGE_ ______
I INSURER A Travelers Property Casualty Company Of
I INSURER B: Charter Oak Fire Insurance Company
INSUHER C Continental Casualty Company
lUI-NS-URE~ _0_____
! INSURER E
NAIC #
25674
25615
20443
COVERAGES 4
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS
~-RI-ADD'''' TYPE OF INSURANCE ------ . --- POUCY N~~-BER -- _____n___ OLICY EFFECTIVE-POLlCY-EXPIRATION-,-
;LTR IINSRC DATE (MMIDONYl ; DATE (MMIOOfYY) I
GENERAL LIABILITY EACH 0 URREN E
A X ___I IVT JEXGL50008671 ' 06/01/08 06/01/09 DAMAGE TO RENTED
_~_+~OMMERCIAL GENERAL LIABILITY I PREMISES(Ea occl.!~Il<:;!'!l $
;----L-J CLAIMS MADE [KJ OCCUR I M~D EXP ~ny one ~~_s~~! $
~SIR:'$25D.000 I i PERSONAL & ADVINJURY :$ 750,000
~ '--GENERALAGGREGATE -:$----~oo6~boo
GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS"'-COMP/OP AGG.S--- 2,00-0-,000
;X POLICY I ;;:g-i LaC
A X AUTOMOBILE LIABILITY
LIMITS
_ 7"-0,000/
500,000
VTC2JCAP5800B683
06101/08
,06101/09
~~~~~~~~t)SINGLE LIMIT :$
2.000,000/
X : ANY AUTO
:=j ALL OVVNEDAUTOS
I SCHEDULED AUTOS
~ HIRED AUTOS
~ NO~-~~ED AU~~
BODILY INJURY
,(Perperson)
5
i BODILY INJURY
-(peraccidenl)
i$
C
06/01/09
PROPERTY DAMAGE
(Peraccidenl)
1 .
L_~_~T_?_~NL Y fA ACCIDEN_~_j~
i OTHER THAN EA ACC i $
AUTO ONLY AGG $
I EACH OCCURRENCE $
I -------------
: AGGREGATE $
$
i$
i
$
GARAGE L1ABIUTY
---l
ANY AUTO
EXCESS/UMBRELLA LIABILITY
L2091118453
06/01/08
J
5,000,000
5,000.000
OCCUR
CLAIMS MADE I
B
DEDUCTIBLE
:X RETENTION $ 10,000
WORKER COMPENSATION AND
EMPLOYERS'L1ABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
[~~C:11is~~JlS?gNS below
OTHER Auto Physical Damage
VTC20UB5000B66A
05/31/08
06/01/09
/
X I we STATU- I IOTH-
TORY_UMlISJ_ _ _ ,_ ER
L EACH ACCIDENT : $
EL DISEASE - fA EMPLOYEE $
A
VT JBAP5800B695
06/01/08
06/01/09
EL DISEASE - POLICY LIMIT $
Comp Deductible
I Collision Deductible
.... ...1
1.000,000
1,000.000
1,000,000
5,000
5,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Intersection Improvements - Contract #09-5144 - 111th Avenue at 8th Street
Collier County soee is included as Additional Insured where required by written contract and allowed by law with respect to General Liability and Auto
Liability.
CERTIFICATE HOLDER
ATL-001702419-01
CANCELLATION
Collier County of
County Commissioners
3301 E, Tamiami Trail, East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE f-IOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER,
A~m~~tijllf~:,sENTAT,vE
Erica Connick
ITS
AGENTS OR
REPRESENTATIVES.
6........c.;
ACORD 25 (2001108)
o ACORD CORPORATION 1988
IMPORTANT
If Ihe certificate holder is an ADDITIONAL INSURED, the policy(ies) musl be endorsed, A stalement
on Ihis certificate does not confer rights to Ihe certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the lerms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsemenl(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
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.
Acord 25 (2001/08)
Reverse of Page 1
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
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, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [g] Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
D Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ~ Yes D 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
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 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.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC-CA-B-3
D Applicable [;8JNot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable [;8J Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B-4
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? ~ Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 20_ for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid,
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No,
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,20_, by
,as of ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM
(Contractor's Representative) Payment Application No,
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
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: $
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 $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive: (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Desig n 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
~ ~
~
'C
"
~
.5
c:
o
~
Cl
l-
II
f-~ -~
If)
W
::l
...J
<(
>
"-
o
W
...J
::l
C
W
iJ:
U
,If)
T I
.
~,
E'
~I ~I
~~I" 0'
e ~ '~I
n. c 11..'
1
,
,
i
I
I '
;;
E
.
~,i
II I
~IH
~I~ ~
il! :i:
~ i
0'" <z ·
~o
I ~ '
~ I
w
"
?t- ~i
~:c(
'I-
w
'"
W J:
O,Ul
:;:1;;
...J,u..
<'0
I ""I-
I- W
Z I-
W W
0...1
0: 0.
w:O
0.0
o
00
...J~WW
ctwo:::l-
I-...JOoc(
Oc"t-C1
I-:!:(I)Q
8~1-
,
I
,
1-
i
o~
~ ~ i
0'"
I- W
Ul~
:0 '
~
o
UlO
:[:'c::
I-'W
0.
Cl
W
I-
W
...I
0.
:0
o
u
"
'"
o
==
UlW
zl-
0<
_0
I-w
<0
~z
...1-
o.Ul
0.
<w
Ull-
::l<
00
>::l
OJ",
"'J:
0.1-
Cl
W
...I W
::l::l
Cl..J
W <
J: >
o
Ul
z
o
;::
0.
0:
o
Ul
w
o
'"
::; w
W"'
I- ::;
- ::l
Z
Ul
...J
<
I-
o
I-
'"
"
E
o
u
~2
'" '"
.lilt)
~ '"
('tli:
cl-
."
_ c
~ E
'0-6
c u
,Q Q)
It) Iii
:-50
illl ill
~ U
~ C
~U5
'" ~
",rc
~ -
Q.i .S:
~~
'" u
'" '"
~"'C..
S !Jl
~ 2
~~
Eco
81:1
~I~I
tll'"
~IB'
c':;::;'
g!Ef
<11' >-
:E:.E
=,.s;:
~Ic
ciE
0'::::1
:g'g I
E 21 I
.E ttI L_L
,S 01 I
ro 21 I
wt=1 I
HI~ 1-
~ "
!? u ,
~ -[ !
~ '" '
.2?'- I
3: ~ I
.~ ~I !
2 2~-t
d~; i
:J .S
EI~
I-! g>:
,,''''
..c:..c:
I-i u: "___
~I;~I
c ~,
:2 5'
"'-
u 0
~*
<'"
(/) w al,
6:5 g')
":;:.8 .S
~ 0..2
0... :J ~
~ C
~ ,Q'!:
c ro Q)
:J E ~
~o~
E c U
:J:= Q)
i8 rn:5
~ ~-,~
.G Q) 5:
~ 2:~
::.rg ~
o '" ~
- Eo..
1___ :5:= g.
:;::; -..c
~ >. ~
~CI]..c
x ~ro
,w .~i~
i.. C:i3:
-T
-~c
:
:
.-
f-
,
N
o
J:
()
U
c.9
: ---
i I
0
I- -
CI> iO
w u -
c: III
'" .=
iO
lD
'C
W -g .g
I , = CI>
0 0 '" Q.
-
, III III
() c: :E
, ?-
m
+ ~'C
<( III CI>
jQ :>-
() oiO
::> '> -
E III
~ ~ c:
0 Q.
"-
'E
o
u
CI>
II::
III
iO
.;:
CI>
-
'"
::;;
'C
CI>
~
o
-
If)
'C
'C 0
Cl) "C
> CI>
OJ 'Ci) a..
~ .~
1I::.c:
I-
~'C
III CI>
:> >
o .-
<( ._ CI>
> u
CI> CI>
~II::
CI> ~
u CI>
.- .Q
o E
> :>
C:z
~
.!!!
Q.
Q.
:>
If)
c:
0
'C :;::;
Q) .~
::>
.S "
C III
CI>
0 C
~
0
-
;Q
.c
x
W
CI>
'lG
c
,
C')
,
o
J:
t;>
()
c.9
-'.
~
,
]
I
I
,J
TO:
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:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund Cost Center:
Number: )
Date:
Object Code:
Project
GC,CA,E,5
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
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
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20
CONTRACTOR
By
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
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
,20_
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
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.
GC-CA-H-3
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner 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.
GC-CA-H,4
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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)
GC-CA-H-5
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
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,
GC-CA-H,6
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will 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
GC,CA,H-7
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS 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
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
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
GC,CA-H-8
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
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
GC,CA-H,9
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change 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
GC,CA,H-10
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
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.
GC-CA,H,11
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, 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.
GC-CA-H-12
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
GC,CA-H-13
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or othelWise 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
GC-CA,H-14
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-Ietting 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
GC-CA-H,15
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
GC,CA-H,16
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue 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
GC,CA,H,17
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
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
GC-CA-H-18
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct 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
GC-CA,H,19
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials 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
GC,CA-H,20
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
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
anyone 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
GC-CA,H-21
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from 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
GC-CA,H-22
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.
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;
GC-CA-H-23
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
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 (OS), 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,
FOOT 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 ("MOr) 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.
GC-CA-H,24
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
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,
GC,CA-H-25
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
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
GC,CA,H-26
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
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
GC-CA-H-27
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
GC-CA-H-28
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.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (FAC.) or aboveground 62-762,
FAC. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762,
FAC. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
GC,CA,H,29
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA,H-30
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
EXHIBIT I
Local Agency Program (LAP) Requirements
SUPPLEMENTAL TERMS AND CONDITIONS
Refer to the Form and Reporting Requirements Exhibit to become familiar with all
documentation and compliance reporting that must be submitted throughout the project.
The following items must be submitted with the bid package. Any missing
items will be considered a nonresponsive bid.
REQUIRED FORMS (Attached'
N/A OBE/AA Plan Submit BOTH with Bid If your DBE/ AA Plan has not
Package: been approved by FOOT:
Disadvantaged Business
Enterprise Affirmative Action 0 FOOT DBE/AA Plan A sample DBE policy and plan
Plan Approval Letter (Form 275-030-11B) has been
provided with approval
DBE PLAN SUBMITTED WITH 0 Copy of DBE/AA Policy instructions.
BID MUST BE APPROVED BY and Plan
FOOT
N/A EEO/AA Plan Submit with Bid Package: A sample EEO policy and plan
has been provided.
Equal Employment 0 Copy of EEO/AA Policy
Opportunity Affirmative Action and Plan The EEO plan is not required to
Plan be approved by FOOT.
700-011-13 Notification of EEO Officer Submit with Bid Package
700-010-52 Affidavit Vehicle Registration Submit with Bid Package
275-030-10 Bid Opportunity list Submit with Bid Package
Exhibit P Declaration of Debarment Submit with Bid Package
700-010-36 Certification of Sublet Work Submit with Bid Package
275,030,l1A Anticipated DBE Statement Submit with Bid Package
C-004 Certification of Non- Submit with Bid Package
segregated Facilities
Provide FOOT Prequalification Submit with Bid Package
#
GC-CA-I-2
The following terms and conditions supersede any terms and conditions under the
General Conditions of this contract and/or policy and guidelines of Collier County
Government for the purpose of this engagement only.
2. Audit Reports
(49 CFR Subtitle A Part 90,48 CFR 31 Federal Acquisitions Requlations)
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 (OM B) 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 anyone time. However for
projects that exceed $250,000 and on the National Highway System or State Highway System,
the contractor must be FDOT pre-qualified.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit the following:
(a) A bid on a contract to provide any goods or services to a public entity.
(b) A bid on a contract with a public entity for the construction or repair of a public
building or public work.
(c) Bids on leases of real property to a public entity.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 F.S, for Category Two. All
GC,CA,I,3
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 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
GC-CA-I-4
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 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
GC,CA-I-5
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, 102 Change Order, Collier County Contract - See attached contract section page GC-
CA-H.
6. Claims
See Exhibit H, General Terms and Conditions, Section 11. Claims and Disputes,
Collier County Contract - See attached contract section page GC-CA-H.
7. Contractor Purchased Equipment for State or Local Ownership
Provision excluded from this contract.
8. Debarment and Suspension (Coliier Countv Purchasina Policv)
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consultants and other interested and affected persons from active palticipation in
obtaining County contracts. The purpose of any such action shall be to protect the County's
interests and the integrity of the County's contracting process. The suspension and debarment
processes shall be considered to be separate from and in addition to the award evaluation and
vendor petformance evaluation processes authorized elsewhere in this policy.
Definition of Terms: For the purposes of/his 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 coult of competent jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of no 10 contendere.
GC,CA-I,6
Debarment means action taken by the County to exclude a contractor from County
contracting and County-approved subcontracting for a reasonable, specified period as provided
herein.
Preponderance of the Evidence means proof by information that, compared with that
opposing it, leads to the conclusion that the fact at issue is more probably true than not.
Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or
services to a party deemed to be a contractor under this section.
Suspension refers to action taken by the Purchasing/General Services Director (hereinafter
referred to as "the PGS Director") to temporarily disqualify a contractor from County contracting
or County-approved subcontracting.
Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of contracts if there
appears to be a reasonable basis for debarment as set forth under Section XXXIX. If a
suspension precedes a debarment, the suspension period shall be considered in determining
the debarment period. The suspension period shall not exceed three months without the
approval of the County Manager. A decision to suspend by the Purchasing/General Services
Director shall be considered final and conclusive with no right of appeal.
Debarment:
Causes for Debarment: The prospective causes for debarment include one or more of the
following:
a. Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of
such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously and
directly affects responSibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the submission of
bids, proposals or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good cause, to perform
in accordance with the terms, conditions, specifications, scope, schedule or any other
provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverages and certifications
thereof within a reasonable time period.
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 concem, 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.
GC,CA,I,7
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
Debarment Procedure:
a. The county department requesting the debarment action shall submit to the PGS
Director a written complaint setting forth the reason(s) for seeking debarment and shall
identify a recommended debarment period
b. The PGS Director shall review the complaint, verify whether it is compliant with
the provision of this policy, direct any appropriate changes and forward the complaint to
the contractor.
c. The contractor shall review the complaint and shall provide a written response
(with supporting documentation) to each allegation. The response shall be provided to
the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In
the event that the contractor fails to respond to the complaint within the prescribed time
period, the complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment or other
event(s) where there is no significant dispute over material facts, the PGS Director shall
determine the period of debarment on the basis of the undisputed material information
set forth or referenced in the complaint, the contractor's reply and the parameters set
forth in this section. In the event that the Contractor objects to the PGS Director's
decision, the Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be forwarded to and
considered by the County Manager (or his designee), who will review the debarment
record compiled by the initiating department and the contractor. Should the County
Manager overturn the PGS Director's decision; the County Manager shall formally cite
the reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the complaint
and where the facts are in dispute, the Purchasing Department will convene a
debarment committee (hereinafter referred to as "the committee'? consisting of at least
three individuals who will review the complaint and the contractor's reply. The County
Manager or his designee shall formally appoint the committee, which will generally
consist of county employees, none of whom shall be a member of the department
initiating the complaint. At the discretion of the County Manager, a member from private
industry with a particular area of relevant expertise may be appointed to the committee,
provided that this member is not a direct or indirect competitor of the firm in question.
The Office of the County Attorney shall appoint a representative to attend the hearing.
The representative shall not be considered a voting member of/he committee, but shall
be available to provide legal counsel to the committee as necessary. All members
appointed to serve on the debarment committee shall disclose, to the PGS Director, or
his designee, any actual or prospective conflicts of interest at the time of appointment or
at the time in which the member becomes aware of the actual or prospective conflict.
f The PGS Director, or his designee, shall chair the committee and serve as the
Purchasing Department's representative to the committee. The Purchasing
representative shall preside over and facilitate the deliberations of the committee as a
non-voting member and serve as the County's liaison to the Contractor in the debarment
process. All voting committee members are prohibited from having any communication
GC-CA-I-8
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/he appeal process. All committee deliberations are
subjectto Section 286011 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/he
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/he
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 detennine the period of debarment. The
debarment period shall be commensurate with the severity of the causers) 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 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.
GC-CA-I,9
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 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-I-10
EXHIBIT "P"
DECLARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy,
(known as "Debarment and Suspension") shall sign the appropriate declaration under this
exhibit. In doing so, the undersigned hereby declares that:
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party
as defined under Section XXIX of the Collier County Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public entity within the last
five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact upon which
reliance was placed when this submission was entered and evaluated. Further, should it
subsequently be determined that the signatory knowingly or unknowingly rendered an
erroneous declaration; the County shall reserve the right to reject the bid offer associated
with this declaration and/or suspend/debar the bidder/signatory.
4. They shall provide immediate written notice to the person to whom this proposal is submitted
if at any time they learn that its declaration was erroneous when submitted or has become
erroneous by reason of changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly enter into any
subcontract or supplier agreement with a person or entity who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this agreement, unless
otherwise authorized by the Collier County Purchasing/General Services Director
The bidder shall sign the appropriate declaration below and comply with any accompanying
requirements set forth therein: (A) I hereby declare that my firm nor its principals is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any publiC agency.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
(B) I am unable to declare that my firm is in compliance with one or more statements contained
within this declaration and I shall attach an explanation for determination by the Collier
County Purchasing Director.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
GC,CA-I-11
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
(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.
3.
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.
Providing assistance to DBEs in overcoming barriers such as the inability to
obtain bonding, financing, or technical assistance.
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
Encouraging eligible DBEs to apply for certification with the Department.
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.
2.
4.
5.
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
GC-CA-I,12
subcontractors and major suppliers. The Equal Opportunity Office will provide instructions on
accessing this system. Develop a record keeping system to monitor DBE affirmative action
efforts which include the following:
(a) the procedures adopted to comply with these Specifications;
(b) the number of subordinated Contracts on Department projects awarded to DBEs;
(c) the dollar value of the Contracts awarded to DBEs;
(d) the percentage of the dollar value of all subordinated Contracts to DBEs as a
percentage of the total Contract amount;
(e) a description of the general categories of Contracts awarded to DBEs.
(f) The specific efforts employed to identify and award Contracts to DBEs.
Upon request, provide the records to the Department for review.
All such records are required to be maintained for a period of five (5) years following
acceptance of final payment and have them available for inspection by the
Department and the Federal Highway Administration.
10. Equal Employment Opportunity
(Florida Department of Transportation Guidelines and US Department of Labor Emplovment
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 payor 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:
GC-CA-I-13
1. Conduct periodic inspections of project sites to ensure that working conditions and
employee facilities do not indicate discriminatory treatment of project site
personnel.
2. Periodically evaluate the spread of wages paid with each classification to
determine any evidence of discriminatory wage practices.
3 Periodically review selected personnel actions in depth to determine whether there
is evidence of discrimination. Where evidence if found, promptly take corrective
action. If the review indicates that the discrimination may extend beyond the
actions reviewed, such corrective action must include all affected persons.
4. Investigate all complaints of alleged discrimination made in connect with
obligations under this Contract, attempt to resolve such complaints, and take
appropriate corrective action. If the investigation indicates that the discrimination
may affect persons other than the complainant, such corrective action must include
such other persons. Upon completion of each investigation inform every
complainant of all of the avenues of appeal.
Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal
employment opportunity policy.
Records and Reports: Keep such records as are necessary to determine compliance with
the equal employment opportunity obligations. The records kept will be designed to indicate the
following:
1. The number of minority and non-minority group members employed in each work
classification on the project.
2. The progress and efforts being made in cooperation with unions to increase
minority group employment opportunities (applicable only to Contractors who rely
in whole or in part on unions as a source of their work force).
3. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority group employees as deemed appropriate to comply with their
Equal Employment Opportunity Policy.
4. The progress and efforts being made in securing the services of minority group
subcontractors or subcontractors with meaningful minority group representation
among their employees as deemed appropriate to comply with their Equal
Employment Opportunity Policy.
All such records must be retained for a period of three years following completion of the
contract work and be available at reasonable times and places for inspection by authorized
representatives to the Department and the Feral Highway Administration
Upon request, submit to the Department a report of the number of minority and non-minority
group employees currently engaged in each work classification required by the Contract work.
Executive Order 11246, As Amended
Executive Order 11246-Equal Employment Opportunity
SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30
FR 12319,12935,3 CFR, 1964-1965 Comp., p. 339, unless otherwise noted.
Under and by virtue of the authority vested in me as President of the United States by the
Constitution and statutes of the United States, it is ordered as follows:
GC-CA-I-14
Part I-Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966-1970 Comp., p.
803]
Part II-Nondiscrimination in Employment by Government Contractors and Subcontractors
Subpart A-Duties of the Secretary of Labor
SEC. 201. The Secretary of Labor shall be responsible for the administration and
enforcement of Parts II and 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 payor other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advancements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's
representative of the contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract with any of such rules, regulations, or orders, this contract may be cancelled,
GC-CA-I-15
terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures.
7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event
the contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction, the contractor may request the United States to
enter into such litigation to protect the interest of the Untied States. [Sec. 202 amended
by EO 11375 of October 3,1967,32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO
12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230]
Sec. 203. (a) Each contractor having a contract containing the provisions prescribed in Section
202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the
contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be
file within such times and shall contain such information as to the practices, policies, programs,
and employment policies, programs, and employment statistics of the contractor and each
subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be required to state whether
they have participated in any previous contract subject to the provisions of this Order, or any
preceding similar Executive Order, and in that event to submit, on behalf of themselves and
their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or
negotiation of a contract.
(c) Whenever the contract or subcontractor has a collective bargaining agreement or other
contract or understanding with a labor union or any agency referring workers to providing or
supervising apprenticeship or training for such workers, the Compliance Report shall include
such information as to such labor union's or agencies practices and policies affecting
compliance as the Secretary of Labor may prescribe. Provided, that to the extent such
information is within the exclusive possession of a labor union or an agency referring workers or
providing or supervising apprenticeship or training and such labor union or agency shall refuse
to furnish such information to the contractor, the contractor shall so certify 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
GC-CA-I-16
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;
(2L for standard commercial supplies or raw materials; (3) involving less than specified
amounts of money or specified numbers of workers; or (4) to be the extent that they involve
subcontracts below a specified tier.
(c) Section 202 of this Order shall not apply to a Government contractor or subcontractor
that is a religion corporation, association, educational institution, or society, with respect to the
employment of individuals of a particular religion to perform work connected with the carrying on
by such corporation, association, educational institution, or society of its activities. Such
contractor and subcontractors are not exempted or excused from complying with the other
requirements contained in this Order.
(d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption
of facilities of a contractor that are in all respects separate and distinct from activities of the
contractor related to the performance of the contract: provided, that such an exemption will not
interfere with or impede the effectuation of the 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 9,200267 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]
See 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.
GC-CA-I-17
(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]
See 207 The Secretary of Labor shall use his/her best efforts, directly and through
interested Federal, State, and local agencies, contractors, and all other available
instrumentalities to cause any labor union engaged in work under Government contracts or any
agency referring workers or providing or supervising apprenticeship or training for or in the
course of such work to cooperate in the implementation of the purposes of this Order. The
Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity
Commission, the Department of Justice, or other appropriate Federal agencies whenever it has
reason to believe that the practices of any such labor organization or agency violate Title VI or
Title VII of the Civil Rights Act of 1964 or other provision of Federal law.
[Sec 207 amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230]
Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive
branch of the Government designated by rule, regulation. Or order of the Secretary, may hold
such hearings, public or private, as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with
subsection of this Section prior to imposing, ordering, or recommending the imposition of
penalties and sanctions under this Order. No order for debarment of any contractor from further
Government contacts under Section 209(6) shall be made without affording the contractor an
opportunity for a hearing.
Subpart D-Sanetions and Penalties
See 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 0
1964
GC-CA-I-18
(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 10/5/78, 43FR 46501, 3 CFR, 1978 Comp., p. 230]
See 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]
See 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]
See 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 bylEO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230]
Subpart E-Certificates of Merit
See 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
i GC-CA-I-19
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.
See 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.
See 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
See 301 Each executive department and agency, which administers a program involving
Federal financial assistance shall require as a condition for the approval of any grant, contract,
loan, insurance, or guarantee thereunder, which may involve a construction contract, that the
applicant for Federal assistance undertake and agree to incorporate, or cause to be
incorporated, into all construction contracts paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal Government pursuant to such
grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for
Government contracts by Section 202 of this Order or such modification thereof, preserving in
substance the contractor's obligations thereunder, as may be approved by the Secretary of
Labor, together with such additional provisions as the Secretary deems appropriate to establish
and protect the interest of the United States in the enforcement of those obligations. Each such
applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with those contract
provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and
to furnish to the Secretary of Labor such information as the Secretary may require for the
supervision of such compliance, (3) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to
Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this
Order, or extension or other modification of such a contract with a contractor debarred from
Government contracts under Part II, Subpart D, of this Order.
[Sec 301 amended by OE 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p 230]
See 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.
GC-CA-I-20
Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of
such applicants with their undertakings under this Order. Each administering department and
agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such
information and assistance as the Secretary may require in the performance of the Secretary's
functions under this Order.
(b) In the event an applicant fails and refuses to comply with the applicant's undertakings
pursuant to this Order, the Secretary of Labor may, after consulting with the administering
department or agency, take any or all of the following actions: (1) direct any administering
department or agency to cancel, terminate, or suspend in whole or in part the agreement,
contract or other arrangement with such applicant with respect to which the failure or refusal
occurred; (2) direct any administering department or agency to refrain form extending any
further assistance to the applicant under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received by the Secretary
of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal
Employment Opportunity Commission for appropriate law enforcement or other proceedings.
(c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or
(2) of subsection (b) without notice and opportunity for hearing.
[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,
GC-CA-I-21
regulations, orders, instructions, designations, and other directives issued by the President's
Committee 0 Equal Employment Opportunity and those issued by the heads of various
departments or agencies under or pursuant to any of the Executive orders superseded by this
Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force
and effect such directives to provisions of the superseded orders shall be deemed to be
references to the comparable provisions of this Order.
[Sec 403 amended by EO 12107 of December 28,1978,44 FR 1055, 3 CFR, 1978 Comp., p 264]
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.
GC-CA-I-22
When using steel 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.lncentive/Disincentive Clauses
(Collier Countv Policv)
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 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
GC-CA-I-23
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 "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
GC-CA-I-24
(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.
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 liquidated damages 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
GC-CA-I-25
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
I. General
II. Nondiscrimination
III. Nonseqreqated Facilities
IV. Payment of Predetermined Minimum Waae
V. Statements and Payrolls
VI. Record of Materials, Supplies, and Labor
VII. Sublettina or Assianina the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerninq Hiqhway Proiects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Reqardinq Debarment, Suspension Ineliaibility, and Voluntary
Exclusion
XII. Certification Reaardina Use of Contract Funds for Lobbyina
Attachments
Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
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.
GC-CA-I-26
5. Disputes arising out of the labor standards provisions of Section IV (except
paragraph 5) and Section V of these Required Contract Provisions shall not be subject to
the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and
7. Disputes within the meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the DOL, or the contractor's
employees or their representatives.
6. Selection of labor: During the performance of this contract, the contractor shall
not:
a. discriminate against labor from any other State, possession, or territory of the
United States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is
labor performed by convicts who are on parole, supervised release, or probation.
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
payor 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
GC-CA-I-27
will implement, the contractor's EEO policy and contractual responsibilities to provide EEO
in each grade and classification of employment. To ensure that the above agreement will be
met, the following actions will be taken as a minimum:
Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not less often than once every six months, at
which time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
a. All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
b. All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
c. Notices and posters setting forth the contractor's EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential employees.
d. The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral sources
likely to yield qualified minority group applicants. To meet this requirement, the contractor
will identify sources of potential minority group employees, and establish with such identified
sources procedures whereby minority group applicants may be referred to the contractor for
employment consideration.
a. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to
the extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the contractor to do the
same, such implementation violates Executive Order 11246, as amended.)
b. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring minority
group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be
established and administered, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or disability. The following
procedures shall be followed:
The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment of
project site personnel.
a. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
b. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the discrimination
GC-CA-I-28
may extend beyond the actions reviewed, such corrective action shall include all affected
persons.
c. The contractor will promptly investigate all complaints of alleged discrimination
made to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a reasonable
time. If the investigation indicates that the discrimination may affect persons other than the
complainant, such corrective action shall include such other persons. Upon completion of
each investigation, the contractor will inform every complainant of all of his avenues of
appeal.
6. Training and Promotion:
The contractor will assist in locating, qualifying, and increasing the skills of
minority group and women employees, and applicants for employment.
a. Consistent with the contractor's work force requirements and as permissible
under Federal and State regulations, the contractor shall make full use of training programs,
i.e., apprenticeship, and on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall
be in their first year of apprenticeship or training. In the event a special provision for training
is provided under this contract, this subparagraph will be superseded as indicated in the
special provision.
b. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
c. The contractor will periodically review the training and promotion potential of
minority group and women employees and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of
employees, the contractor will use his/her best efforts to obtain the cooperation of such
unions to increase opportunities for minority groups and women within the unions, and to
effect referrals by such unions of minority and female employees. Actions by the contractor
either directly or through a contractor's association acting as agent will include the
procedures set forth below:
The contractor will use best efforts to develop, in cooperation with the unions,
joint training programs aimed toward qualifying more minority group members and women
for membership in the unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
a. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or disability.
b. The contractor is to obtain information as to the referral practices and policies of
the labor union except that to the extent such information is within the exclusive possession
of the labor union and such labor 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
GC-CA-I-29
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.
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
GC-CA-I-30
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.)
General:
All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week and without subsequent deduction or
rebate on any account [except such payroll deductions as are permitted by regulations (29
CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less than those contained in
the wage determination of the Secretary of Labor (hereinafter "the wage determination")
which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcontractors and such
laborers and mechanics. The wage determination (including any additional classifications
and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-
1321) or Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-
Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of Section IV, paragraph 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.
GC-CA-I-31
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.
a. 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 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
GC-CA-I-32
written request of the contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the DOL, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed in his/her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman-level employees on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program. Any employee listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate listed In the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor or subcontractor is performing construction on a project in a locality
other than that in which 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
GC-CA-I-33
site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman-level
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding
journeyman-level wage rate on the wage determination which provides for less than full
fringe benefits for apprentices, in which case such trainees shall receive the same fringe
benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
b. Helpers:
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved pursuant
to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll
at a helper wage rate, who is not a helper under 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 rati,o 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 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.
GC-CA-I-34
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
(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.)
O. 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.
GC-CA-I-35
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.
a. 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.
b. 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.
c. 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.
d. 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.
e. 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
GC-CA-I-36
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
O. 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.
b. Furnish, upon the completion of the contract, to the SHA resident engineer on
Form FHWA-47 together with the data required in paragraph 1 b relative to materials and
supplies, a final labor summary of all contract work indicating the total hours worked and the
total amount earned.
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
O. 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.
GC-CA-I,37
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.
VIII. SAFETY: ACCIDENT PREVENTION
O. 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
hislher 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 US.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved
plans and specifications and a high degree of reliability on statements and representations
made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it
is essential that all persons concerned with the project perform their functions as carefully,
thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation
with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, the following notice
shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
'Whoever, being an officer, agent, or employee of the United States, or of any State or
Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes
any false statement, false representation, or false report as to the character, quality,
quantity, or cost of the material used or to be used, or the quantity or quality of the work
performed or to be performed, or the cost thereof in connection with the submission of
plans, maps, specifications, contracts, or costs of construction on any highway or related
project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or
false claim with respect to the character, quality, quantity, or cost of any work performed or
GC-CA-I-38
to be performed, or materials fumished 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 Federa/-
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:
O. 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,INELIGIBILlTY
AND VOLUNTARY EXCLUSION
O. 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.
GC-CA-I-39
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 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 non procurement 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 thi$ 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;
GC-CA-I-40
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.
Instructions for Certification - lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of
$25,000 or more - 49 CFR 29)
I. By signing and submitting this proposal, the prospective lower tier is providing
the certification set out below.
m. 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.
n. 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.
o. 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.
p. 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.
q. 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.
r. 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
GC-CA-I-41
determines the eligibility of its principals. Each participant may, but is not required to, check
the Non-procurement List.
s. 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.
t. Except for transactions authorized under paragraph e of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Covered Transactions:
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.
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)
O. The prospective participant certifies, by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
a. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
1. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal
that he or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose
accordingly.
GC-CA-I-42
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 1 c shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work, except
as provided in subparagraph 4 below.
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 co~tractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph 1 c above.
7. The contractor shall include the provisions of Sections 1 through 4 of this
Attachment A in every subcontract for work which is, or reasonably may be, done as on-site
work.
16. Liquidated Damages
See Construction Agreement, Section 5B. Contract Time and Liquidated
Damages, Collier County Contract - See attached contract section pages GC-CA.
17. Local Hiring Preference
Provision excluded from this contract.
18. Lobbying Certification
{Florida Department of Transportation Policvl
GC-CA-I-43
"The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence either directly or in-
directly an officer or employees of any state or federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal Contract, the making of any Federal grant, the making of
any Federal loan, the entering into any cooperative agreement, and the extension,
continuation, renewals, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, and officer or employee of Congress, or an employee of a member
of Congress in connection with this Federal contract, grant loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into the transaction imposed by section 1352, title 31,
US Code. Any person(s) who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each failure."
19. Award and Execution of Contract (Method of construction (or method
of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. - See attached
contract section page GC-IB.
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.
GC-CA-I-44
Obtain the applicable General Decision(s) fY'Jage Tables) through the United States
Department of Labor website(www.wdol.gov) and ensure that employees receive the
minimum wages applicable. Review the General Decisions for all classifications
necessary to complete the project.
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;
bascule, suspension & spandrel arch bridges; bridges designed
for commercial navigation; bridges involving marine
construction; & other major bridges.
Modification Number Publication Date
o 02/08/2008
. SUFL 1993-012 08/01/1993
Rates
BRICKLAYER (Manhole)......
CARPENTER....................... .
Concrete Finisher................
ELECTRiCiAN.............
FENCE ERECTOR...................
Form Setter......................
Guardrail erector................
Ironworkers:
Reinforcing............... ..
Structural.......... ........
Laborers:
Asphalt Raker...............
Pipelayer.. ............ .....
Unskilled.........
N/A...........................
Painters:
Blaster.................. ..
Power equipment operators:
Asphalt Distributor.........
Asphalt Paving Machine......
Asphalt Plant Operator......
Asphalt Screed.............
Fringes
$ 9.02
$ 9.71
$ 8.91
$13.42
$ 7.75
$ 7.76
$ 7.95
$12.37
$ 6.60
$ 7.23
$ 8.01
$ 6.60
$ 7.34
$ 10.72
$ 7.39
$ 8.23
$ 683
$ 7.68
GC-CA-I-45
Backhoe...... ...............
Boom-Auger................ ..
Bulldozer...................
Concrete Curb Machine.......
Concrete Groover/Grinder....
Concrete Joint SaW..........
Concrete Mixer Operator.....
Concrete Paving Finish
Machine.....................
Concrete Pump Op............
Crane, Derrick, or Dragline.
Earthmover................. .
Fork Lift...................
Front End Loader...........
Gradall................... ..
Grade Checker...............
Guardrail Post Driver.......
Mechanic....................
Milling Machine Grade
Checker.. ...................
Milling Machine.............
Motor Grader................
Mulching Machine............
Oiler, Greaseman............
Pavement Striping Machine...
Paving Striping Machine
Nozzleman........... ........
Piledriver Leadsman.........
Piledriver Operator.........
Power Subgrade Mixer..
Rollers:
Finish.....................
Rough......................
Self-Prop., Rubber Tire....
Scraper.....................
Sign Erector................
Small tool..................
Tractors:
80 HP or less..............
Light......................
Over 80 HP.................
Trenching Machine...........
Widening Spreader Machine...
$ 9.00
$ 9.40
$ 8.42
$ 8.50
$ 9.00
$ 9.97
$ 6.63
$ 8.50
$ 13.00
$ 11.53
$ 7.78
$ 7.63
$ 8.00
$ 8.76
$ 6.60
$10.78
$ 9.52
$ 7.03
$ 8.76
$ 9.54
$ 6.70
$ 7.21
$11.04
$ 7.50
$ 9.75
$10.82
$ 7.63
$ 7.24
$ 6.70
$ 7.01
$ 7.33
$13.27
$ 7.33
$ 6.60
$ 6.76
$ 10.62
$ 8.00
$ 7.52
Traffic Controller
TRAFFIC CONTROL SPECIALlST..$ 7.15
TRAFFIC SIGNALIZATION:
Installer......... ........
Mechanic...................
Truck drivers:
$ 9.70
$ 13.25
GC-CA-I-46
Lowboy.... ...... ......... ...
Multi-Rear Axle............
Single Rear Axle............
$ 8.02
$ 6.97
$ 6.70
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29CFR 5.5
(a) (1) (ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
. an existing published wage determination
. a survey underlying a wage determination
. a Wage and Hour Division letter setting forth a position on
a wage determination matter
. a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
GC-CA-I-47
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 section pages GC-CA-H.
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 0 parole, supervised release, or probation from a
prison or,
(2) materials produced in a qualified prison facility.
The amount of such materials produced for Federal-aid highway construction during
any 12-month period shall not exceed the amount produced in such facility for use in such
construction during the 12-month period ending July 1,1987.
26. Public Agencies in Competition with the Private Sector
The County does not allow other Public Agencies to compete with or bid on
construction projects against the private sector.
27. Publicly Owned Equipment
The County does not allow Contractors the use of publicly owned equipment.
28. 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
GC-CA-I-48
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 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
GC-CA-I-49
control of and not the fault of the contractor, its suppliers, or subcontractors at any approved
tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and
modify the contract in writing accordingly. The contractor will be notified of the engineer's
determination whether or not an adjustment of the contract is warranted.
(iii) No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
(iv) No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for which an
adjustment is provided or excluded under any other term or condition of this contract.
Significant changes in the character of work. (i) The engineer reserves the right to
make, in writing, at any time during the work, such changes in quantities and such
alterations in the work as are necessary to satisfactorily complete the project. Such changes
in quantities and alterations shall not invalidate the contract nor release the surety, and the
contractor agrees to perform the work as altered.
(ii) If the alterations or changes in quantities significantly change the character of
the work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause such other
work to become significantly different in character, an adjustment, excluding anticipated
profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior
to the performance of the work. If a basis cannot be agreed upon, then an adjustment will
be made either for or against the contractor in such amount as the engineer may determine
to be fair and equitable.
(iii) If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will be paid for as
provided elsewhere in the contract.
(iv) The term" significant change" shall be construed to apply only to the following
circumstances:
(A) When the character of the work as altered differs materially in kind or nature
from that involved or included in the original proposed construction; or
(B) When a major item of work, as defined elsewhere in the contract, is increased
in excess of 125 percent or decreased below 75 percent of the original contract quantity.
Any allowance for an increase in quantity shall apply only to that portion in excess of 125
percent of original contract item quantity, or in case of a decrease below 75 percent, to the
actual amount of work performed.
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/FurnishedlDesignated 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 section pages GC-CNH.
35. Termination of Contract
GC-CA-I-50
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 section pages GCcCA-H.
36. Time Extensions
See Exhibit H, General Terms and Conditions, Section 9. Contract Time and
Extensions, Collier County Contract - See attached contract section pages GC-CA-H.
TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6)
The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-
assisted programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, national origin, sex, age, disability in consideration for an
award.
While performing this contract, the contractor - for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") - agrees to the following:
1. Compliance with Regulations: The contractor will comply with the Regulations on
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be
amended from time to time, (from here on referred to as the Regulations). They are
incorporated here by reference and made a part of this contract.
2. Nondiscrimination: In work performed during the contract, the Contractor will not
discriminate on the grounds of race, color, or national origin in the selection and holding of
subcontractors. This includes obtaining materials and leases of equipment. The contractor will
not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the
Regulations. This includes employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, the contractor will inform each
potential subcontractor or supplier of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The
solicitations includes obtaining materials or leases of equipment,
4. Information and Reports: The contractor will provide all information and reports required by
the Regulations or directives. It will also permit access to its books, records, accounts, other
sources of information, and its facilities that are determined by the (Recipient) or the (Name of
Appropriate Administration) to be important to ensure compliance with such Regulations, orders
and instructions. In some cases, another entity possesses the information required of a
contractor and refuses to give the information. Here, the contractor will confirm the lack of
GC-CA,I-51
information with the (Recipient), or the (Name of the Administration) as appropriate, and will
explain its efforts to obtain the information.
5. Sanctions for Noncompliance: In the event that the contractor does not comply with the
nondiscrimination provisions of this contract, the (Recipient) should enforce contract sanctions
as it or the (Name of Appropriate Administration) may determine to be appropriate. Sanctions
may include, but are not limited to:
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor should include the terms of paragraphs
(1) through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued modifying the Provisions.
The contractor will take action with on any subcontract or procurement that the (Recipient)
or the (Name of Appropriate Administration) directs in order to enforce provisions including
sanctions for non-compliance. However, if a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier because of such direction, the
contractor may ask the (Recipient) to enter into such litigation to protect the interests of the
(Recipient). Also, the contractor may ask the United States to enter into such litigation to
protect the interests of the United States.
CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federally Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a
federally-assisted construction contract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which
are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for
the forwarding of the following notice to prospective subcontractors for supplies and construction
contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the
Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed
in 18 U.S.C. 1001.
Notice to Prospective Subcontractors of Requirements for Certification of Non-
Segregated Facilities
1 A Certification of Non-segregated Facilities shall be submitted prior to the award of a
subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity
Clause.
2 Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this
notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
GC-CA-I-52
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor certifies that she or he does not maintain or provide,
for his employees, any segregated facilities at any of his establishments and that she or he does
not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally-assisted construction contractor certifies that she
or he will not maintain or provide, for his employees, segregated facilities at any of his
establishments and that she or he will not permit his employees to perform their services at any
location under his control where segregated facilities are maintained. The federally-assisted
construction contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract.
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
directives or are, in fact, segregated on the basis of race, color, religion, or national origin because
of habit, local custom, or any other reason. The federally-assisted construction contractor agrees
that (except where she or he has obtained identical certifications from proposed subcontractors for
specific time periods) she or he will obtain identical certifications from proposed subcontractors prior
to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause and that she or he will retain such certifications in his files.
GC-CA-I-53
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
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
1681
DATERECEIVEDy_ \1f 1
FlLENO.: ocr~ fRCoJII),.. ~~/,..I>A> L
ROUTED TO: ~L/ j7
DO NOT WRITE ABOVE THIS LINE 1>0 r ,\V If ~
REQUESTFORLEGALSERVIC~ V "F
~; yo:'~,
February 23,2009 Y ~ / \. ,v1
~~~:~an~~~:ty Attorney ~ ~ )~ S) '\ \ V~
'}y
ITEM NO.:
Date:
To:
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
Contract #09-5144
111 th A venue at 8th Street Intersection Improvement
Contractor: Better Roads
..;:-
BACKGROUND OF REQUEST: ,ft c.
}t7.
This contract was approved by the BCC on February 12009; Agenda Item
16.B.l (
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
"->
,=
c:>
'-0
c:::
!::)C
~/-~;
:'::J ;J;1
"...~..,J \. _~
... r-r-
~;::> r-
.-j '-
.=:1 f;
':--) ~
~-r-'
;;>" -4-
"- fT1
;2)
"
'"
"':I:i
N
-
-
~
3:
co
MEMORANDUM
TO: Jeff Walker/Ray Carter
Risk Management Department
FROM: Brenda Brilhart, Purchasing Agent
Purchasing Department
DATE: February 23, 2009
RE: Review of Insurance for Contract No. 09-5144
111th Avenue at 8th Street Intersection Improvements
Contractor: Better Roads
1681
This Contract was approved by the BCC on February 10 2009;
Agenda Item 16.B.1
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
cc: Claudine Auclair, Planning
RE.CE.\\IE.D
rEB 1 3 1009 (
RISK M~::ff:(;(J.1
~rr 1\~7\~1
ILtlsu~~.
400 N r'lmpa Si'ee!. SUite 2200. Tampa, Florida 33602. PO Box 2879. Tampa, Florida 33601.8132233911.8002430491. Fax 813221.1857. www.lykesinsurance.com
16l.Jl
February 13,2009
Better Roads Inc.
POBox 9979
Naples, FL 34101
RE: The Board of County Commissioners of Collier County FL, as Obligee
I I I th A venue at 8th Street Intersection Improvements, as Project
8915516, Bond Number
Dear Ladies and Gentlemen:
Please supply us with the following information for the above captioned final bond:
Executed Contract with Date:
x
This letter is also giving Better Roads Inc., as Principal and/or The Board of County
Commissioners of Collier County FL as Obligee, the authority to complete these bonds by
dating the bonds with the contract date, execution and Power of Attorney dates. The contract
date MUST BE THE SAME date as the execution of thehond or PRIOR to the execution
date' oCtile bonds.
We will forward this information onto your surety company upon our receipt. Please return as
soon as possible.
Thank you for your cooperation.
Sin~
--C,-_ ~
Eileen Heard
Contract Surety Account Executive
enclosures
EXPERIENCE the POWER of PARTNERSHIP
IL~~~.
1681
400 N. -ampa Street, Suite 2200. Tampa, Florida 33602. P.O. Box 2879. Tampa, Florida 33601.813223.3911.800.243.0491. Fax: 813.221.1857. www.lykesinsurance.com
February 13, 2009
Better Roads Inc.
POBox 9979
Naples, FL 34101
RE: The Board of County Commissioners of Collier County FL , as Obligee
I I I th A venue at 8th Street Intersection Improvements, as Project
8915516, Bond Number
Dear Ladies and Gentlemen:
Please supply us with the following information for the above captioned final bond:
Executed Contract with Date:
x
This letter is also giving Better Roads Inc., as Principal and/or The Board of County
Commissioners of CoUier County FL as Obligee, the authority to complete these bonds by
dating the bonds with the contract date, execution and Power of Attorney dates. Th~ contract
date MUST BE THE SAME date as the execution of the bond or PRIOR to the execution
date of the bonds.
We will forward this information onto your surety company upon our receipt. Please return as
soon as possible.
Thank you for your cooperation.
Sin~
--C~_ ~
Eileen Heard
Contract Surety Account Executive
enclosures
EXPERIENCE the POWER of PARTNERSHIP