#11-5674 (Stevens & Layton, Inc.)
Admnistrative Setviaes Division
Purchasing
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-6020
FAX: (239) 252-6592
Email: BrendaReaves@collierQov.net
www.collierQov . neUpu rchasing
Memorandum
Subject:
Solicitation # 11-5674 "Boston Avenue Sidewalk Improvements"
Date:
June 1, 2011
From:
Brenda Reaves - Contract/Purchasing Technician- For Brenda Brilhart
To:
Ray Carter, Risk Manager
The County is in the process of executing this contract with _,~......YtOn, Inc~i The Performance Payment
Bonds and insurance requirements are listed in Exhibit A .
Please review the Insurance Certificate(s) for the referenced Contract.
· If the insurance is not in order. please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
· If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
~
Date
(Please route to County Attorney via attached Request for Legal Services)
G/Acq uisitions/AgentFormsand Letters/RiskMgmtReviewofl nsurance4/15/20 10/16/09
Cmmty
Administrative Services Division
Purchasing
Boston Avenue Sidewalk Improvements
COLLIER COUNTY BID NO. 11-5674
COLLIER COUNTY, FLORIDA
LAP FUNDED
Design Professional:
Q. Grady Minor & Associates
(i)
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Purdlasing Department. 3327 Tamiami Trail East. Naples. Fiorida 34112-4901. www.colliergov.netJpurchasing
cJt,. Comtty
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
Administrative ~ DMsion
Purchasing
ADDENDUM 3
Memorandum
Date:
April 22, 2010
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 3 ITB 11-5674 "Boston Avenue Sidewalk Improvements"
The following clarifications are issued as an addendum identifying the following changes
for the referenced solicitation:
CHANGE: The due date has been extended until 2:30 pm on April 28, 2011.
ADD:
1. It is currently anticipated that the drainage work shown on the plans will be completed by others
prior to work on this project. It is anticipated the excavation and grading will be limited to that
required to install the sidewalk and adjust final grades. A quantity of embankment has been
included if necessary to do more extensive fill and grading.
2. Mailboxes are to be relocated to grass strip between edge of pavement and sidewalk in
accordance with FOOT standards. These include mail boxes at the following locations.
Sta. 1 + 90, Left
2 + 45, Right
3 + 00, Right
3 + 10, Left
Sta. 8 + 55, Left
9 + 90, Left
13 + 00, Left
14 + 75, Left
3. Bidders are to verify existing conditions and type of demolition required for installation of
improvement. This includes, but not be limited to driveway types.
4. Existing utility adjustments are identified following. Contractor shall field verify all locations.
Sta. 2 + 90, Left
3 + 50 Left
Manhole Adjustment
Manhole Adjustment
1
7 + 20 Left
6 + 90 Right
7 + 80 Right
11 + 25 Left
16 + 00 Left
15 + 90 Right
Valve Adjustment
Manhole Adjustment
UTS Box Adjustment
Valve Adjustment
Valve Adjustment
UTS Box Adjustment
5. Contractor will be required to coordinate with all businesses and property owners to close off all
driveways. This coordination shall be done in person.
6. In conjunction with Note 7 under the Traffic Control Notes, the Contractor shall be responsible
for the installation of "Oetour", "Sidewalk Closed", etc. signage as necessary for existing
sidewalk closures.
7. In conjunction with Note 1 under the Traffic Control Notes, the Contractor shall obtain a Collier
County Right-of-Way Permit for the project. The County shall supply all necessary plans for
obtaining this Permit and shall pay the Application Fee. Contractor shall coordinate all
submittal and receipt of the permit.
8. The Contractor shall be responsible for obtaining a FOEP Generic Stormwater Permit for the
project and for implementation of a Stormwater Pollution Plan. This should include the
protection of catch basins, curb inlets, etc. Contractor shall utilize silt fences, catch basin inlet
devices, etc. as required. Contractor shall be responsible for maintenance of all stormwater
devices.
9. Oouble yellow lane striping with RPM's (50 foot) are to be provided at all stop bar locations.
The Bid Form has been revised to reflect this item.
10. Additional removal of pavement striping will be required at the Boston Avenue/South First
Street intersection. The Bid Form has been revised to reflect this item.
11. In conjunction with Note 6 under the construction note, concrete shall generally be placed as
early in the work day as possible to reduce the potential for vandalism and marking.
12. Attached is a list of Pay Item Notes to supplement the FOOT Pay Item Notes. If a work item
shown on the plans or necessary for construction is not included, its cost should be included on
appropriate pay items.
13. A revised bid schedule is attached to reflect the addition of several bid items and adjust
quantities.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Oan Hall, Project Manager
Ene: Bid Schedule
Notes
Pre Bid Sign In Sheets
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BOSTON AVENUE SIDEWALK IMPROVEMENTS
BID ITEM NOTES
These notes are included to supplement the FDOT pay item notes and not replace them. If a
work item shown on the Plans or is necessary for construction of the project is not specifically
identified, its cost should be included in a Pay Item as most appropriate.
101-1.1
102-1
104
110-1
120.6
520-1-10
522-2
Mobilization - Shall also include two copies of the signed and sealed "As-Built"
plans.
Maintenance of Traffic - Shall also include Right-of-Way permitting and the cost
of all traffic control related items. This shall include, but not be limited to
barricades and any other device needed to properly handle both vehicular and
pedestrian traffic during construction.
Stormwater Pollution Plan - Shall include the preparation and obtaining of an
FDEP Generic Stormwater Permit (NOI) and the implementation and
maintenance of the Plan throughout construction.
Clearing and Grubbing - Shall also include removal of existing asphalt, dirt,
gravel and concrete pavements, sidewalks and drive aprons; miscellaneous saw
cutting; miscellaneous demolition and; removal and trimming of existing
vegetation as required for the proposed sidewalk.
Embankment - Includes contingent amount to be deleted if not used during
construction to raise raises. It is anticipated that proposed sidewalk improvements
can be completed by utility on-site materials. Materials excavated for sidewalk
construction are to be utilized for grade adjustment to the sidewalk.
Concrete Curb and Gutter - Includes construction of the curb pad. The
Contractor has the option to construct a limerock pad at no additional cost.
Concrete Sidewalk 6" Thick (contingent) - This is a contingent amount if
necessary to remove and replace additional concrete panels adjacent to the new
construction. (This includes removal and replacement). This shall not include
any existing concrete sidewalk damaged by the Contractor by his work. This
shall be removed and replaced at no additional cost. Also if additional tactile
strips are required, these shall be paid under the retrofit unit price.
G: ICurrent - All Soticitations and Contracts by Fiscal YearlFY 2011111-5674 Boston Ave Sidewalk Improvementsll ]reAwardlADD #3 Bid item notes.doc
575-1-1
Sodding (Bahia) - Shall include all watering, fertilizing and mowing for a period
of three months. The sod shall be watered a minimum of twice weekly and
additionally if necessary. As necessary the sod shall be pegged on slopes steeper
than 3: 1.
711-17
Thermoplastic Remove - Includes removal of all conflicting striping within the
limits of construction by water blasting.
1060
Utility Structure - Shall include all coordination and work necessary to relocate
the existing cable and communication above grade structures as necessary for
sidewalk construction.
G:ICurrent - All Solicitations and Contracts by Fiscal YearIFY 2011111-5674 Boston Ave Sidewalk Improvementsll]reAwardlADD #3 Bid item notes.doc
cJt.. Comtty
~~.Division
Purchasing
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM
Memorandum
Date:
April 11, 2010
From:
Brenda Brilhart, Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum # 2 ITB 11-5674 "Boston Avenue Sidewalk Improvements"
The following clarifications are issued as an addendum identifying the following changes
for the referenced solicitation:
ADD: Awarded contractor must submit two sets of signed and sealed as-built plans
within 60 days of project.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Oan Hall, Project Manager
1
~-e..-~
Administrative ~ DMsion
Purchasing
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM #1
Memorandum
Date:
March 23, 2010
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 1 ITB 11-5674 "Boston Avenue Sidewalk Improvements"
The following clarifications are issued as an addendum identifying the following changes
for the refereneed solicitation:
CHANGE: Page GC-PN-1 A non-mandatory pre-bid conference shall be held at the
Purchasing Oepartment, Conference Room A, at 10:00 a.m. 2:00 p.m. LOCAL TIME on the 5th
day of April 2011, at which time all prospective Bidders may have questions answered regarding
the Bidding Oocuments for this Project.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Oan Hall, Project Manager
1
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor
and identified as follows: Boston Avenue Sidewalk
Improvements as shown on Plan Sheets 1 through 10.
EXHIBIT N: Contractor's List of Key Personnel
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Administl'ative ~ Division
Purcl1asing
PUBLIC NOTICE
INVITATION TO BID
Boston Avenue Sidewalk Improvements
COUNTY BID NO. 11-5674
Separate sealed bids for the construction of Boston Avenue Sidewalk Improvements,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112,
until 2:30 P.M. LOCAL TIME, on the 26th day of April 2011, 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, at 2:00 p.m. LOCAL TIME on the 5th day of April 2011, 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, Boston Avenue Sidewalk Improvements, Bid No. 11-
5674 and Bid Date of April 26,2011. 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 12) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.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
Performanee Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contraets and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
GC-PN-1
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and twenty (120) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 23rd day of March 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl 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-15 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 Purchasing Department, 3327 Tamiami Trl E, Naples, FL
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 location
GC-I B-1
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 Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to 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.
Section 5. Signina 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.
GC-IB-2
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
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.
GC-I B-3
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material ReQuirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid priee. 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
GC-IB-4
Projeet Manager and the Successful Bidder shall have the diseretion to re-negotiate any
unit price(s) where the aetual quantity varies by more than 25% from the estimate at the
time of bid.
11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as listed.
The omission of a response or a no-bid or lack of a submitted price may be the basis for
the rejection of the submitted bid response. All bids responses received without pricing
for all alternates as listed will be considered technically non-responsive and will not be
considered for award.
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 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, 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 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.
12.4 Certificate of Authority to Conduct Business in the State of Florida (FL
Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a eertificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
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
GC-IB-5
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 Seetion 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
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.
GC-I B-6
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. LobbyinQ
All firms are hereby placed on NOTICE that the Board of County Commissioners
does not wish to be lobbied. either individually or collectively about a proiect for
which a firm has submitted a response. Firms and their agents are not to contact
members of the County Commission for such purposes as meeting or introduction,
luncheons, dinners, etc. During the process, from solicitation closing to final Board
approval, no firm or their agent shall contact any other employee of Collier County in
reference to this solicitation, or the vendor's response, with the exception of the
Purchasing Director or his designee(s). Failure to abide by this provision may serve as
grounds for disqualification for award of this contract to the firm.
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity'; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
GC-I B-7
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Boston Avenue Sidewalk Improvements
BID NO. 11-5674
Full Name of Bidder STEVENS & LAYTON, INC.
Main Business Address 11260 PALM BEACH BLVD., FORT MYERS, FL 33905
Place of Business SAME
Telephone No.
239-693-1400
Fax No.
239-693-8630
State Contractor's License # CG-C021803 VERNON KEITH DEAN
State of Florida Certificate of Authority Document Number
322086
Federal Tax Identification Number
59-1174602
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:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Signature:
STEVENS & LAYTON, INC.
~:Jr ~
VE ON KEITH DEAN, PRES.
~
Date: 4-2'-11
Company:
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:
Date:
GC-P-3
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 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.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
1.
Major Category of Work
SURVEYING
2.
Sod
Shubclontractor ann AAddress
C ar es Tolton ~ ssoc. Inc.
2887 Tamiami Trail E Ste 5
Naphs El 34112
GCE Services Inc.
PO Box 15002
Cape Coral Fl 33915
Tincher Concrete Const. Inc.
16~OO Gator Kd ~t Myers ~l 33912
Traffic Control Products of Fl Inc.
4020 EdioOR ~VG Fort Myero Fl 33916
3.
Concrete
4.
Traffic Control
5.
Company:
STEVENS & LAYTON, INC.
~~H DEAN, PRES.
---"'"
~
Date: 4-2&:-11
Signature:
GC-P-4
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.
BUSINESS WAY/S LOOP RD SIDEWALKS
LEHIGH ACRES
LEE COUNTY DOT
SARAH CLARK/RANDY CERCHIE
2.
GUNNERY ROAD WIDENING
LEHIGH ACRES
LEE COUNTY DOT
RANDY CERCHIE
3.
SARA AVENUE SIDEWALKS
FORT MYERS
LEE COUNTY DOT
RANDY CERCHIE
4.
TICE ST/GLENWOOD AVE. SIDEWALKS
LEE COUNTY DOT
RANDY CERCHIE
5.
BSU IMPERIAL STREET WATER MAIN
& GRAVITY SEWER - BONITA SPRINGS
MIKE DICKEY
JOHNSON ENGINEERING
6.
COPG-DOWNTOWN COOPER STREET
DRAINAGE IMPROVEMENTS
PUNTA GORDA
CITY OF PUNTA GORDA UTILITIES
MARK GEHRING
Dated
4-28-11 ~
BY:
STEVENS & LAYTON, INC.
Bidder
~~ITH DEAN. PRES.
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
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
r'
Dated 4-26-11
BY:
STEVENS & LAYTON, INC.
Eidder
~11/ -
V:'~E~TH DEAN, PRES.
GC-P-6
Colt,. Cowtty
AdrriI1islratiw Services Division
Purchasing
Immigration Law Affidavit Certification
ITB 11-5674: Boston Avenue Sidewalk Improvements
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the
submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-
Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the
company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv proaram.
may deem the Vendor I Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act (UlNA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's / Bidder's proposal.
Company Name
STEVENS & LAYTON, INC.
Print Name
V. KEITH DEAN
Title PRESIDENT
Vf
Date 4-26-11
Signature
State of FLORIDA County of LEE
g.,v
The foregoing instrument was signed and acknowledged before me this 28TH day of APRIL
20 U , by
who~ IS PERSONALLY KNOWN TO ME as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
GC-P-7
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 ninety (90) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to the
point of final acceptance by the Owner within thirty (30) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day
of such period.
Respectfullv Submitted:
State of FLORIDA
County of LEE
V. KEITH DEAN
, 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.
V. KEITH DEAN , 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.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
FLORIDA which operates under the legal name of STEVENS &
LAYTON, INC. , and the full names of its officers are as follows:
GC-P-8
President v. KEITH DEAN
Secretary STEPHANIE K. DEAN
T reasu rer STEPHANIE K. DEAN
Manager V. KEITH DEAN
The PRESIDENT & VICE PRESIDENT is authorized to sign construction bids and
eontracts for the company by action of its Board of Directors taken
9-30-10 , 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
operating under a trade name, said trade name is
,r-
DATED 1.-?~-11
, and if
S'l''RV'RNS &. T,AY'l'ON, TNr..
legal entity
BY: V. KEITH DEAN
Name of Bidder (Typed)
V;;' ,
Signa re
PRESIDENT
Title
GC-P-9
STATE OF
FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 2~ day of APRIL , 2011,
by V. KEITH DEAN as PRESIDENT of
STEVENS & LAYTON, INC. , a FLORIDA corporation, on behalf of the
corporation. He/she is personally known to me
~.and..~
(did not) take an oath.
My Commission Expires:
}2-
NAME:
BUFFY RIPPERDAN
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of FLORIDA
Commission No.:
GC-P-10
State of Florida
Department of State
I certify from the records of this office that STEVENS AND LAYTON,
INC. is a corporation organized under the laws of the State of Florida,
filed on October 17, 1967.
The document number of this corporation is 322086.
I further certify that said corporation has paid all fees due this office
through December 31, 2010, that its most recent annual report was filed
on January 4, 2010, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Twenty Ninth day of October, 2010
Secretary of State
Authentication ID: 100187231881-102910-322086
To authenticate this certificate, visit the following site, enter this
ID, and then follow the instructions displayed.
https://efile.sunbiz.org/certauthver.html
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Stevens & Layton, Inc. (herein after called the Principal) and
Western SUrety Conpany , (herein called the Surety), a
corporation chartered and existing under the laws of the State of ~Jth THkot-rl with
its principal offices in the city of Sioux Falls and authorized to do business
in the State of Florida are held and firmly bound unto the
Collier County (hereinafter called the
Owner), in the full and just sum of
Five Percent (5%) of AIoount Bid dollars ($ )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents. Whereas, the Principal is about to submit, or has
submitted to the Owner, a Bid for furnishing all labor, materials, equipment and
incidentals necessary to furnish, install, and fully complete the Work on the Project
known as:
Boston Avenue Sidewalk Improvements
Bid No. 11-5674
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 Oocuments 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 c.ertificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of ~~~~t(.5%)noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void.
othelWise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be
duly signed and sealed this ?fith day of April ,2011.
Countersigned
Local Resident Pro
Valmti, ~ &
INC.
Principal
BY
(Seal)
Surety
(Seal)
(2:B) 275-8226
GC-P-11
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knllw All Men lIy Th,'S!' Prr.'!'nts. That WFSTFI{N SlJl{I:TY rOMPANY, a SOlllh Dakola emporalillll. is a dlllv orgalli/...1 and esi'iing elHpmation
havin[; ils principal olflee in Ihe Cily ,,1' Sinux Fillls. .UllJ SI.lte ,,1' Soulh Dakota. alllJ thai il uoes hy virtuc of Ihc signalure anu seal herein afnxed herehy
llIake, eOllslilule and appllinl
.Jay Ii: Woody,Rohcl.t Tl"OhCC, Wcndy L lIin~son, S. P. lIulllcnchick, Individually
of Fori Myers, FI., its Irue and lawful AlIorney(s)-in-Fact with full (lower and authorily herehy conferred 10 sign. seal ;md esecule lilr allllon ils hehalf
honds, undenakings and olher ohligalory instrulllents or silllilar nature
- In Unlimited Alllounts _
and III hind illherehy ilS rllllv ;lIId 10 Ihe sallie e.slenl ;IS d'slIch ""lrllllellS were SIgned hy a duly authnri/ed ol'licl'T oflhe cOlporal.oll and alllhe aCls or "lid
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Ihe shareholders of Ihe CUI por:ltioo
In Wiln,'ss Wh"""IIr, WI':STI':RN SlJRI:TY COrvII'ANY has eallsed Ih,'se presellls 10 he sit',ned hy ils Senior Vice I'reSllll'lll ill III lIS eorporale "alto
he herein anixed on this l.llh day of March. 2(01)
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li"ee, ;lIld lilrth,'r certli"y Ihal Ihe Il)'-I."w llf Ihe ""'I'"rallolll'ril1led 11l1the Icynse h""'llf IS \1111 ill lilrce In teslillltlll\' wher..of I haY<' h,'ln:l1lo suhscrihed
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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. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
7. Certificate of Authority to Conduct Business in State of Florida
8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's
check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Purchasing Oirector
Collier County Government
Purchasing Oepartment
3327 Tamiami Trail E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
(:)Bid Number;
(:)Project Name;
(:)Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the specified
openina date and time, otherwise Bid cannot be considered.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
STF.VF.NS & T,AYTON. TNr:.
Bidder Name
re & Title
~
4-zR-ll
v. KEITH DEAN, PRES.
Date:
GC-P-12
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE C. KOPELOUSOS
SECRETARY
July 28, 2008
Mr. V. Keith Dean
Stevens & Layton, Inc.
11260 Palm Beach Blvd.
Fort Myers, Florida 33905
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. Dean:
The Disadvantaged Business Enterprise Affirmative Action Plan submitted by:
Stevens & Layton, 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 projeets, it will not be necessary for you to
submit a new plan.
If you need any additional information:'ple,9~e'dontacfmeat (850)414-:4750.
Sincerely,
" I
\ .LUJ J)~
'-..../
Carol Greene
Administrative Assistant
Equal Opportunity Offiee
/ylg
AFFIRMATIVE ACTION PLAN EXPIRATION: July 28,2011
This plan is one of the requirements to bid on contracts for the Florida
Department of Transportation. This is not approval for Unified Certification
Program Disadvantaged Business Enterprise (UCPIDBE) Certification. For
additional information in becominq a DBE contact the Certification Section
at (850) 414-4747.
www.dot.state.fl.us
EOU/,L OPPORTUNITY OFFICE
1\P
2nU8 JUN 30 AM 10: 16
Stevens & Layton, Inc.
Civil Construction Contractors
11260 Palm Beach Blvd.
Fort Myers, Florida 33905
Phone (239) 693-1400
Fax (239) 693-8630
Email: sdean(aJsalinc.net
DBE AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
It is the policy of Stevens & Layton, Inc. that disadvantaged businesses, as defined by 49 CFR
Part 26, Subpart D and implemented under Rule Chapter 14':'78, F.A.C., shall have the
opportunity to participate as subcontractors and suppliers on all contracts awarded by the
Florida Department of Transportation.
The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into
between the Florida Department of T.ransportation and Stevens & Layton, Inc. Subcontractors
and/or suppliers to Stevens & Layton, Inc. will also be bound by the requirements of Rule
Chapter 14-78 F.A.C.
Stevens & Layton, Inc., and its subcontractors 'shall take all necessary and reasonable steps in
accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged businesses have the
opportunity to compete and perform work contracted with the Florida Department of
Transportation.
Stevens & Layton, Inc., and its subcontractors shall not discriminate on the basis of race, color,
religion, national origin, disability, sex, or age in the administration of contracts with the Florida
Department of Transportation.
Stevens & Layton, Inc., has designated and appointed a Liaison Officer to develop, maintain,
and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be
responsible for disseminating this policy statement throughout Florida and to disadvantaged
controlled businesses. The statement is posted on notice boards of the Company.
~2::ean, President -
Revised: June 10, 2008
FLORIDA DEPARTMENT OF TRANSPORTATION
EQUAI(O~PORT~ OncE
APPROVED: l~Ovl. v YtPf~
DISAPPROVED: /
DATE: 1/c{1 DfJ
/
DESIGNATION OF LIAISON OFFICER
Stevens & Layton, Inc. will aggressively recruit disadvantaged businesses as
subcontractors and suppliers for all contracts with the Florida Department of
Transportation. The Company has appointed a Liaison Officer to develop and maintain
this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78,
F.A. C.
The Liaison Officer will have primary responsibility for developing, maintaining, and
monitoring the Company's utilization of disadvantaged subcontractors in addition to the
following specific duties:
(1) The Liaison Officer shall aggressively solicit bids from disadvantaged business
subcontractors for all Florida Department of Transportation contracts;
(2) The Liaison Officer will submit all records, reports, and documents required by the
Florida Department of Transportation, and shall maintain such records for a period
of not less than three years, or as directed by any specific contractual requirements
of the Department of Transportation.
The following individual has been designated Liaison Officer with responsibility for
implementing the Company's affirmative action program in accordance with the
requirements of the Florida Department Transportation.
Stephanie K. Dean
Stevens & Layton, Inc.
11260 Palm Beach Blvd., Fort Myers, Florida 33905
239-693-1400
FEIN: 59-1174602
II AFFIRMATIVE ACTION METHODS
In order to formulate a realistic Affirmative Action Plan, Stevens & Layton, Inc. has
identified the following known barriers to participation by disadvantaged
subcontractors, before describing its proposed affirmative action methods:
1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of
work;
2. Lack of certified disadvantaged subcontractors who seek to perform Florida
Department of Transportation work;
3. Lack of interest in performing on Florida Department of Transportation contracts;
4. Lack of response when requested to bid;
5. Limited knowledge of Florida Department of Transportation plans and specifications
to prepare a responsible bid.
In view of the barriers to disadvantaged businesses stated above, it shall be the policy of
Stevens & Layton, Inc. to provide opportunity by utilizing the following affirmative
action methods to ensure participation on the contracts with the Florida Department of
Transportation. Stevens & Layton, Inc. will:
1. Provide written notice to all certified DBE subcontractors in the geographical area
where the work is to be subcontracted by the Company;
2. Advertise in minority focused media concerning subcontract opportunities with the
Company;
3. Select portions of work to be performed by DBEs in order to increase the likelihood
of meeting contract goals (including, where appropriate, breaking down contracts
into economically feasible un,its to facilitate DBE participation);
4. Provide adequate information about the plans, specifications, and requirements of
the contract, not rejecting subcontractors without sound reasons based on a
thorough investigation of their capabilities;
5. Waive requirements of performance bonds where it is practical to do so;
6. Attend pre-bid meetings held by the Florida Department of Transportation to
apprise disadvantaged subcontractors of opportunities with the Company;
7. Follow up on initial solicitations of interest to DBE subcontractors to determine with
certainty whether the DBE company is interested in the subcontract opportunity.
Stevens & Layton, Inc. understands that this list of affirmative action methods is not
exhaustive and will include additional approaches after having established familiarity
with the disadvantaged subcontracting community and/or determined the stated
approaches to be ineffective.
III IMPLEMENTATION
On contracts with specific DBE goals, Stevens & Layton, Inc. will make every effort to
meet contract goals as stated by utilizing its affirmative action methods. On projects
with no specific goals, the Company will, as an expression of good faith, seek to utilize
DBE subcontractors where work is to be subcontracted.
IV REPORTING,
Stevens & Layton, Inc. shall keep and maintain such records as are necessary to
determine the Company's compliance with its DBE Affirmative Action Plan.
The Company will design its record keeping system to indicate:
1. The number of DBE subcontractors and suppliers used by the Company, identifying
the items of work, materials and services provided;
2. The efforts and progress being made in obtaining DBE subcontractors through local
and community sources;
3. Documentation of all contracts, to include correspondence, telephone calls,
newspaper advertisements, etc., to obtain DBE participation on all Florida
Department of Transportation projects;
4. The Company shall comply with Florida Department of Transportation's
requirements regarding payments to subcontractors including DBEs for each month
(estimate period) in which the companies have worked.
V DBE DIRECTORY
Stevens & Layton, Inc. will utilize the DBE Directory published by the Florida Department
of Transportation.
The Company will distribute Form Number 275-030-01, Schedule A Certification Form
Number 1, to potential DBE contractors and assist in their completion.
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-04~0
STEPHANIE C. KOPELOUSOS
SECRETARY
Mareh 19, 2009
Ms. Stephanie K. Dean
Stevens & Layton, Inc.
11260 Palm Beach Blvd.
Fort Myers, Florida 33905
RE: NOTICE TO FOOT OF EEO OFFICER
Dear Ms. Dean:
The Equal Employment Opportunity Officer Information submitted by:
Stevens & Layton, Inc.
has been received and added to the Equal Opportunity Reporting System. If
there is any change to your EEO Officer this information must be reported to the
Equal Opportunity Office at once.
If you need any additional information, please call Carol Greene at (850) 414-
4750.
SirrelY,
cL'~~
Administrative Assistant
Equal Opportunity Office
/cg
Attachment(s)
www.dot.state.fl.us
* RECya..ED PAPER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NOTIFICATION TO FOOT OF EEO OFFICER
275-021-13
EQUAl OPPORTUNITY
01107
Office,
Mail signed original to:
605 Suwannee Street-MS 65,
Tallahassee, F132399-0450
Section 1: COMPANY IDENTIFICATION
1. Contractor Name:
STEVENS & LAYTON, INC.
3. Home Office Mailing Address: (street)
2.. FEIO No.:
59-1174602
4. Home Office Mailing Address: (city, State, Zip))
2 -6 -1400
7. What is being Initial EEO Officer Notice to FOOT
Changed? Ves D No
Contact Data Chan ed
DVes DNo
Section 2: EEO OFFICER IDENTIFICATION
8. Name of EEO Officer: (first name, middle initial, last name)
9. EEO Officer's Working Title:
VICE-PRESIDENT
11. Work, Address of EEO Officer: (city, state, zip)
FORT MYERS, FL 33905
13. EEO Officer Fax Number:
239-693-8630
STEPHANIE K. DEAN
10. Work Address of EEO Officer: (Street)
239-693-1400
14. EGO Officeremail address:
sdean@salinc.net
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 un in the EEO Construction Contract Compliance Workbook.
DEC. 23, 2008
16.Date:~onliytv~)
V. KEITH DEAN, PRESIDENT
17. Official's Name: (printed)
18. Official's Title: (printed)
y: Mailed to Contractor
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APPROVg;l- ... ,,",,' --
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STEVENS & LAYTON, INC.
Hereafter referred to as "the Company" or "this Company" has adopted this policy and plan.
Date: March 1. 2009
By:
STEPHANIE K. DEAN. VP
Title / Company Official
EQUAL EMPLOYMENT OPPORTUNITY AND
AFFIRMATIVE ACTION
EEO/AA POLICY AND PLAN
EEO/AA POLICY STATEMENT
It is the policy of the Company to comply and cooperate to the fullest extent with all applicable
regulations of the Equal Employment Opportunity Provisions of the Civil Rights Act of 1964,
Executive Order 11246, the Rehabilitation Act of 1973 (29 D.S.C. 793), the Americans with
Disabilities Act (ADA) of June 26, 1990 and the Vietnam Era Veterans Readjustment
Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this
Company is concerned, to any arrangement under which employees, including trainees, are
selected for work.
It is the policy of this Company not to discriminate against any employee or applicant for
employment because of race, religion, color, age, sex, national origin, disabilities or Vietnam Era
and Special Disabled Veterans status.
This Company will take affirmative action to assure an equal employment opportunity to all
qualified persons and that employees are treated equally during employment without regard to
their race, religion, color, age, sex, national origin, disability or Vietnam Era and Special Disabled
Veteran status. Such action shall include, but not be limited to:
1. Employment, upgrading, demotion or transfer.
2. Recruitment and recruitment advertising.
3. Layoff or termination.
4. Rate of payor other forms of compensation.
5. Selection for training, including apprenticeship, pre-apprenticeship and/or on-the-job
training.
EEO OFFICER DUTIES
It is the policy of this Company to continuously maintain the appointment of an Equal
Employment Opportunity Officer (EEO Officer). The name and contact information for the EEO
Officer will be communicated along with this policy. The EEO Officer has the responsibility for
effectively administering and promoting an active program of equal employment opportunity
within the Company. The EEO Officer will coordinate the EEO efforts of superintendents,
supervisors, foremen and others in the position of hiring personnel. The EEO Officer will make
recommendations, where appropriate, to correct any deficiencies found in the Company's
program. The EEO Officer will ensure that this policy and plan are being carried out.
EEO/AA PLAN
It is the policy of this Company that there not be any discrimination by virtue of race, religion,
color, age, sex, national origin, disabilities or Vietnam Era and Special Veterans status, in the
functions of hiring, placement, upgrading, transfer or demotion. In addition, there shall not be any
discriminatory practices in recruitment, advertising or solicitation for employment, rates of payor
other forms of compensation, selection for training, including apprenticeship, layoff or termination
or treatment during employment. The Company has affirmative action obligations in the hiring of
minorities, females, disabled and veteran's applicants.
We will not use goals, timetables or affirmative action standards to discriminate against any
person because of their race, religion, color, age, national origin, disabilities or Vietnam Era and
Special Disabled Veteran's status. The Company will not transfer minority or female employees
or trainees from one Company to another or from project to project for the sole purpose of meeting
goals.
This Company will take specific affirmative actions to ensure equal opportunity. Our compliance
with this policy and plan shall be based upon our efforts to achieve maximum results from our
actions and we shall document our efforts fully. The company will implement specific affirmative
action steps, at least as extensive as the following actions, to ensure equal opportunity
employment:
1. Ensure and maintain a working environment free of harassment, intimidation and coercion
at all times and in all facilities at which our employees are assigned to work. Where
possible, we will assign two or more women to each construction project. We shall
specifically ensure that all foremen, superintendents and other on-site supervisory
personnel are aware of and carry out our obligations to maintain such a working
environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
2. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when we have employment opportunities available and maintain a record of
the organization's responses.
3. Maintain a current file of the names, addresses and telephone number of each minority and
female off-the-street applicant or minority or female referral from a union and minority or
female referrals from a union, a recruitment source or community organization and of what
action was taken with respect to each such individual. If such individual was sent to the
Union hiring hall for referral and was not referred back to the Company by the union or, if
referred, not employed by the Company, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Company may have taken.
4. Provide immediate written notification to the Director when the union or unions with
which we have a collective bargaining agreement have not referred to us a minority person
or woman sent by us, or when we have other information that the union referral process
has impeded our efforts to meet our obligations.
5. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Company's employment needs,
especially those programs funded or approved by the Department of Labor. We shall
provide notice ofthese programs to the sources compiled under "2" above.
6. Disseminate the Company EEO Policy notice by providing notice to unions and training
programs and requesting their cooperation in assisting us in meeting our EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing
the it the Company newsletter, annual report, etc.; by specific review of the EEO Policy
with all management personnel and with all minority and female employees at least once a
year and by posting the Company EEO Policy on bulletin boards accessible to all
employees at each location where construction work is performed.
7. Review, at least annually, the company's EEO Policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific review
of these items with on-site supervisory personnel such as superintendents, general
foremen, etc., prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed and disposition of the subject matter.
8. Disseminate the Company EEO Policy externally by including it in any advertising in the
neW media, specifically including minority and female news media and proving written
notification to and discussing the Company EEO Policy with other contractors and
subcontractors with whom the Company does or anticipates doing business.
9. Direct our recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to female recruitment and
training organizations serving our recruitment area and our employment needs. Not later
than one month prior to the date for the acceptance of applications for apprenticeship or
other training by any recruitment source, we shall send written notification to
organizations such as the above, describing the openings, screening procedures and tests to
be used in the selection process.
10. We will encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and vacation
employment to minority and female youth, both on the site and in other areas of our
workforce.
11. Validate all test and other selection requirements where there is an obligation to do so
under 41 CFP Part 60-3.
12. Conduct, at least annually, an inventory and evaluation of all minority and female
personnel for promotional opportunities and encourage these employees to prepare for,
through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments and other personnel
practices do not have a discriminatory affect by continually monitoring all personnel and
employment-related activities to ensure that the EEO Policy and our obligations under
these specifications are being carried out.
14. Ensure that all facilities and company activities are nonsegregated except that separate or
single-user toilets and necessary changing facilities shall be provided to assure privacy
between the sexes.
15. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
16. Conduct a review, at least annually, of all supervisors' adherence to and performance
under the Company EEO Policy and Affirmative Action Plan.
RECORDS
This Company will keep records to monitor all employment-related activity to ensure that the
Company's EEO Policy is being carried out. Records shall at least include for each employee the
name, address, telephone number(s), construction trade, union affiliation (if any), employee
identification number when assigned, social security number, race, sex, classification status (e.g.,
mechanic, apprentice, trainee, helper, laborer, etc.), dates and changes in status, hours worked per
week in the indicated trade, rate of pay and locations at which the work was performed.
REPORTING OF COMPLAINTS
If at any time anyone feels he or she has been discriminated against because of sex, race, religion,
color, age, national origin, disabilities or Vietnam Era and Social Disable Veteran status, they
should report this matter to the Company EEO Officer whose name and contact information is
communicated along with this policy.
The EEO Officer ensure all complaints or alleged discrimination made to the Company in
connection with its contractual obligations are investigated. The EEO Officer will attempt to
resolve such complaints, corrective actions to be taken and will then follow-up on actions taken
and their effect. If the investigations indicates that the discrimination may affect persons other
than the complainant, such corrective actions shall include such other persons.
Upon completion of each investigation, the EEO Officer will ensure every complainant is
informed of all of his or her avenues of appeal. The following addresses are such avenues for
appeals.
REPORT COMPLAINTS TO:
Company EEO Officer
The name and contact information subsequently shown or posted.
U.S. Department of Labor, Regional Director
Office of Federal Contract Compliance
61 Forsyth Street, SW, Room 7B75
Atlanta, GA 30303
(404) 562-2424
U.S. Equal Employment Opportunity Commission
Miami District Office
One Biscayne Tower
2 South Biscayne Boulevard, Suite 2700
Miami, FL 33131
(800) 669-4000
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301-4857
(850) 488-7082 or (800) 342-8170
U.S. Federal Highway Administration
227 North Bronough Street, Room 2015
Tallahassee, FL 32301
(850) 942-9650
U.S. Equal Employment Opportunity Commission
Tampa District Office
501 East Polk Street, Suite 1020
Tampa, FL 33602
(800) 669-4000
STEVENS & LAYTON, INC.
has made the following designations in regard to Company policies and plans:
Date:
March 19.2009
By: STEPHANIE K. DEAN. VP
Title / Company Official
EQUAL EMPLOYMENT OPPORTUNITY OFFICER:
EEO OFFICER
NAME:
Stephanie K. Dean
ADDRESS:
11260 Palm Beach Blvd
Fort Myers, FL 33905
CONTACT:
239-693-1400
LIAISON OFFICER
DISADVANTAGED BUSINESS ENTERPRISES:
DBE LIAISON OFFICER
NAME:
Stephanie K. Dean
ADDRESS:
11260 Palm Beach Blvd
Fort Myers, FL 33905
CONTACT:
239-693-1400
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 DBE/AA Plan Submit BOTH with Bid Package: If your DBE/AA Plan has not been
approved by FDOT:
Disadvantaged Business D FDOT DBE/AA Plan
Enterprise Affirmative Action Approval Letter A sample DBE policy and plan
Plan (Form 275-030-11 B) has been
D Copy of DBE/AA Policy provided with approval
DBE PLAN SUBMITTED WITH and Plan instructions.
BID MUST BE APPROVED BY
FDOT
N/A EEO/AA Plan Submit with Bid Package: A'sample EEO policy and plan
has been provided.
Equal Employment Opportunity D Copy of EEO/AA Policy
Affirmative Action Plan and Plan The EEO plan is not required to
be approved by FDOT.
700-011-13 Notification of EEO Officer Submit with Bid Packaqe
700-010-52 Affidavit Vehicle Registration Submit with Bid Packaqe
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
275-030-12 Anticipated DBE Statement Submit with Bid Package
275-030-13 Certification of Non- Submit with Bid Package
segregated Facilities
Provide FD<?kpreqUalification Submit with Bid Package
# N:A
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. 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,
CONTRACTOR'S AFFIDAVIT
VEHICLE REGISTRATION
700-010-52
CONSTRUCTION
08/01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
State:
FLORIDA
LEE
County:
BEFORE ME, this day personally appeared
V~ KEITH DEAN
(eontractor's Name)
who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in
accordance with Section 320,
Contractor's Signature
TYPED NAME:
POSITION:
V. KEITH DEAN
PRESIDENT
COMPANY NAME: STEVENS & LAYTON, INC.
COMPANY ADDRESS: 11260 PALM BEACH BLVD
FORT MYERS, FL 33905
State of Florida
County: LEE
r
Sworn to and subscribed before me this 2aTH day
of APRIL 2011 by V. KEITH DEAN
(Print name of person signing Certification)
?Y"-
Fie 'lINo!ll Service.com
Type of Identification Produced
TO BE COMPLETED BY DOT PERSONNEL
BUDGET ITEM NUMBER:
FIN PROJECT NUMBER:
CONTRACT NUMBER:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
275-030-10
EQUAL OPPORTUNITY OFFICE
02/08
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850) 414-4879
This information may also be included in your bid or proposal package.
Prime Contractor/Consultant:
STEVENS & LAYTON, INC.
Bid/Proposal Number:
11260 PALM BEACH BLVD.. FORT MYERS. FL 33905
11-5674
239-693-1400
AddressfTelephone Number:
Quote Submitted MM/YR:
4-26-11
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The
list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The
list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted
projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax 10 Number: 59-1174602 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: STEVENS & LAYTON. INC. IKI Non-OBE 0 Less than $1 million
3. Phone: 239-693-1400 0 Between $1 - $5 million
4. Address: 11260 PALM REACH RLVD [!] Between $5 - $10 million
1<'OR'l' MYFR~, 1<'T, 11Q()') 7. 0 Subcontractor 0 Between $10 - $15 million
0 Subconsultant 0 More than $15 million
5. Year Firm Established: 1967
1. Federal Tax ID Number: 59-3630608 6. o OBE 8. Annual Gross Receipts
2. Firm Name: CURB SYSTEMS ~ Non-OBE 0 Less than $1 million
3. Phone: 219-947-1777 0 Between $1 - $5 million
4. Address: ~fiL.. K NTNF nRnm 0 Between $5 - $10 million
BONIT1\ SPIUNc;S > Fl. 7. ~ Subcontractor Iil Between $10 - $15 million
Subconsultant 0 More than $15 million
5. Year Firm Established: 2000
1. Federal Tax 10 Number: 65-0595477
2. Firm Name: GCE SERVICES INC
3. Phone: 239-945-1781
4. Address: P.O. BOX 150052
CAPE CORAL, 1<'1. 11915
6. [3 DBE
o Non-DBE
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
7. KJ Subcontractor
o Subconsultant
5. Year Firm Established:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
275-030-10
EQUAL OPPORTUNITY OFFICE
02/08
1. Federal Tax ID Number: 26-1084418 6. 0 DBE
2, Firm Name: ROAD SAFE TRAFFIC SYS IKJ Non-DBE
3. Phone: 21c}-111-4888
4. Address: R031 MATl\1TTl\1'F "PKtJY
FT MYER~> F1. 33912 7. ~ Subcontractor
0 Subconsultant
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
EI More than $15 million
5. Year Firm Established: 2007
8. Annual Gross Receipts
o Less than $1 million
o Between $1 - $5 million
~ Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
1. Federal Tax 10 Number: 59-2582822 6.
2. Firm Name: TRAFFIC CONTROL PRODUCTS
3. Phone: ~$r46t~;~lfr~~ Kd
4. Address: Tampa, :n :B616
o OBE
~ Non-OBE
8. Annual Gross Receipts
o Less than $1 million
iXI Between $1 - $5 million
o Between $5 - $10 million
o Between $10 - $15 million
o More than $15 million
7. e Subcontractor
o Subconsultant
5. Year Firm Established: 1 Q8')
EXHIBIT lip"
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 Sectioo 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 bidcler 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.;~E 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)
STEVENS & LAYTON. INC.
~ Name of B~iness
I/., I
Authonz Signature(s)
4-2lil
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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ANTICIPATED DBE PARTICIPATION STATEMENT ('ADBEPS')
LOCAL AGENCY PROGRAM
275-030-12
EQUAL OPPORTUNITY OFFICE
03/11
1. FOOT LAP AGREEMENT# 2. FOOT LAP 3. LOCAL AGENCY'S 4. LOCAL AGENCY NAME
AGREEMENT AMT ($) CONTRACT # WITH PRIME
425556-1-58-01 COLLIER COUNTY
5. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR
STEVENS & LAYTON, INC. 59-1174602
7. CONTRACT DOLLAR AMOUNT WITH PRIME 8. FEID NUMBER OF LOCAL AGENCY
9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED 10. IS THE WORK OF THIS CONTRACT
DISADVANTAGED BUSINESS ENTERPRISE (DBE)?
DYES KI NO CONSTRUCTION fJ MAINTENANCE 0 OTHER?
11. IS THIS AN ADBEPS REVISION? 0 YES 0 NO If yes, revision number _
12. ANTICIPATED DBE SUBCONTRACTS
DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND DOLLAR PERCENT OF
COMPANY NAME AND FEID NUMBER FDOT SPECIALTY CODE(S) AMOUNT CONTRACT
DOLLARS
NAME:GCE SERVICES INC. WORK: sod $ 6,240.00 4.1%
A 65-0595477
FEID: SPEC CODE:
NAME: WORK:
B
FEID: SPEC CODE:
NAME: WORK:
C
FEID: SPEC CODE:
NAME: WORK:
D
FEID: SPEC CODE:
NAME: WORK:
E
FEID: SPEC CODE:
12F TOTAL DOLLARS TO DBE'S 12G TOTAL PERCENT OF
CONTRACT
$0.00 0.00%
SECTION TO BE FILLED BY PRIME CONTRACTOR
13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER
V. KEITH DEAN 4-26-11 PRESIDENT
16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER
sdean@salinc.net 239-693-8630 239-693-1400
SECTION TO BE FILLED BY LOCAL AGENCY
19. SUBMITTED BY 20.DATE 21. TITLE OF SUBMITTER
22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 124. PHONE NUMBER
I
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FDOT
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. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE.
THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE
LAP NAME DATE TO EO OFFICE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE-CONSTRUCTION
DISTRICT ELECTRONICALLY) AGREEMENTI LOCAL AGENCY AND PRIME) CONFERENCE DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION OF NON SEGREGATION &
NON DISCRIMINATION
275-030-13
EQUAL OPPORTUNITY OFFICE
07109
CERTIFICATION OF
NON DISCRIMINATION
As a contractor, sub recipient or subcontractor on a
Federally funded contract, this company certifies that it
shall not discriminate on the basis of race, color, national
origin, or sex in the performance of such contracts.
The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT
assisted contracts. The company agrees that a failure to
carry out these requirements is a material breach of
contract, which may result in the contract's termination or
such other remedy as the recipient deems appropriate.
Each subcontract, rental agreement and or material
supplier agreement this company subsequently enters
into for this contact will require this same Certification.
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. Actions include:
employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay and other forms of
compensation; and selection for training, including
apprenticeship, pre apprenticeship, and/or on-the-job
training.
This certification extends to the project identified above
and affirms our commitment to insure nondiscrimination
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 of FHWA-1273.
Compliance with Title VI of the Civil Rights Act and the
provisions of the American Disabilities Act of 1990 are
incor orated in this certification.
nin Certification 10. Job Title of erson named in Box 9
tftvAIf)"
SECTION 2: CERTIFIC TION STATEMENTS
CERTIFICATION OF
NONSEGREGATED FACILITIES
As a federally assisted construction contractor,
hereby certify: the following for t his company:
A. This company does not maintain or provide
any segregated facilities for employees at
any of our establishments and we do not
permit our employees to perform their
services at any location, under our control,
where segregated facilities are maintained.
B. Agreement that a breach of this certification
is a violation of the equal opportunity clause
in this contract.
C. We will obtain and retain 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.
As used in this certification, the terms "segregated
facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and
fountains, recreation or entertainment area,
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.
12. Date of Si
it /17
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Tax~tor
~ ~?
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LEE COUNTY LOCAL BUSINESS TAX RECEIPT
2010 - 2011
ACCOUNT NUMBER: 0903544
ACCOUNT EXPIRES SEPTEMBER 30, 2011
May engage in the business of:
CERTIFIED GENERAL CONTRACTOR
Location
11260 SR 80 STE 1
FT MYERS FL 33905
THIS LoeAL BUSINESS TAX RECEIPT IS NON REGULATORY
STEVENS & LAYTON INe
DEAN VERNON K
11260 SR 80 STE 1
FT MYERS FL 33905
THIS IS NOT A BILL - DO NOT PAY
PAID
017621-253-1
DP500
09/10/201010:42
$50.00
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
TALLAHASSEE, FLORIDA
CERTIFICATE OF COMPETENCY
THIS CERTIFIES THAT: VERNON K DEAN
11260 PALM BEACH BLVD
FT MYERS, FL 33905-
BUSINESS ORGANIZATION: STEVENS & LAYTON INC
CONTRACTOR V MEANS A CONTRACTOR WHOSE BUSINESS IS LIMITED TO THE EXECUTION OF CONTRACTS REQUIRING THE ABILITY
TO FABRICATE, INSTALL, INSPECT, ALTER, REPAIR, AND SERVICE THE UNDERGROUND PIPING FOR A FIRE PROTECTION SYSTEM
USING WATER AS THE EXTINGUISHING AGENT BEGINNING AT THE POINT THE PIPING IS USED EXCLUSIVELY FOR FIRE PROTECTION
AND ENDING NO MORE THAN ONE FOOT ABOVE THE FINISHED FLOOR.
Chief Financial Officer
.!lL-r ~
07 01 2010 09 15 Lee
46042500011994
1950190001
150.00
06 30 2012
Issue Date Type Class
County
License/Permit Number
Application #
Taxes & Fees Expire Date
ee COllI)'
\) !J-
rax~tor
dl b'lr
<lte of f\O~'1
LEE COUNTY LOCAL BUSINESS TAX RECEIPT
2010 - 2011
ACCOUNT NUMBER: 8903701
ACCOUNT EXPIRES SEPTEMBER 30, 2011
May engage in the business of:
FIRE SPRINKLER SYSTEMS CONTRACTOR
Location
11260 SR 80 #1
FT MYERS FL 33905
THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY
STEVENS & LAYTON INe
DEAN VERNON KEITH
11260 SR 80 #1
FT MYERS FL 33905
THIS IS NOT A BILL - DO NOT PAY
PAID 017621-253-2
DP500
09/10/201010:42
$50.00
_ -T .-.T--r-:--q _
n'''u~, ___......__ I ".. '_U',\ ......., III "__ _
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Stevens & Layton, Inc. ("Contractor") of 11260 Palm
Beach Boulevard, Fort Myers Florida 33095, a Florida corporation authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Boston
Avenue Sidewalk Improvements, Bid No. 11-5674 ("Project"), as said Work is set
forth in the Plans and Specifications prepared by Q Grady Minor & Associates, 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 fifty two thousand three
hundred fifty three dollars and fifty five cents ($152,353.55).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
GC-CA-1
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.qov/c5701
c570.html#certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liQuidated 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 ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of ealendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, three hundred and
eighty eight dollars ($388.00) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
GC-CA-2
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, Contraetor shall be entitled to final payment in accordanee with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
GC-CA-3
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:
Section 7. Notices
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
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by a. Grady Minor
and identified as follows: Boston Avenue Sidewalk
Improvements as shown on Plan Sheets 1 through 10.
Contractor's List of Key Personnel
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:
Daniel G. Hall, P.E.
Project Manager
Growth Management Division/Transportation
2885 Horseshoe Drive S.
Naples, Florida 34104
(239) 252-6077
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:
v. Keith Dean, President
Stevens & Layton, Inc.
11260 Palm Beach Boulevard
Fort Myers, Florida 33095
(239) 693-1400
GC-CA-4
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. Governina 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.
Section 13. Entire Aareement.
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 eoneerning 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.
GC-CA-5
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. ChanQe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-6
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
TWO WITNESSES:
J-u j)),O 11.1 L.J k. ll.ulnJ By:
FfRSTWiTNESS
Cf & Layton, Inc.
(
v. KEITH DEAN, PRESIDENT
Type/Print Name and Title
STEPHANIE DEAN, VP
~~:ntIEe~
SECO / ~ESS //i
BUFFY RIPPERDAN
Type/Print Name
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: 1 .
Attt~t,Mt ~.\; ,\ ,
...tutt OAi~(, .' <
Approveg,As TO.For
and ~~cipLL
Scott Teach, Deputy County Attorney
BY:
GC-CA--7
EXHIBIT A
PUBLIC PERFORMANCE BOND
Boston Avenue Sidewalk Improvements
Bond No. 58658648
Contract No. 11-5674
KNOW ALL MEN BY THESE PRESENTS: That
~,~11mE , as Principal, and
as
2405 Lucien Wqy, Maitland, Florida 32751
(Business Address) are held and firmly bound to
ThP ~rd of Chnty Chmri~~ of ChlliA'" Chnty. Flcriffi as Obligee in the sum of
~ Hundred Fiftv Two Thousand Three Hundred Fifty Ibllars ~ Fifty Five Cents
($ 152,353.55 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
Stevens & Layton, Inc.
Western Surety Coopany
Surety, located
at
WHEREAS, Principal has entered into a contract dated as of the
2011, with
~ton Avenue Sidewalk Inprovements, Bid No. 11-5674
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.
Obligee
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, ineurred 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 ehanges 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 speeifications.
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,
GC-CA-A-4
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 27th
day of May , 2011. the name of eaeh party being affixed and these
. presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
STEVENS & LAYTON, INC.
BY: (" 11'- ----
NAME: /vJ. "KEITH DEAN
ITS: PRES TnEN'l'
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument
.TTTNE , 2011, by
PRESIDENT
FLORIDA
personally known to
was acknowledged before me this 1 ST
V. KEITH DEAN
of STEVENS & LAYTON, INC.
corporation, on behalf of the eorporation.
me mvc~~
day of
, as
, a
He/she is
My Commission Expires:
Name: BUFFY RIPPERDAN
(Legibly Printed)
(AFFIX OFFICIAL SEAL ota Publie, State of: FLORIDA
~ I \. BUFFY RIPPi....S on No.:
... .... M
~ : : E y eOMMISSJON II 00946718
"" I ,,' EXPIRES MllIroh 27. 2014
(407 3~153 Flcc'1aNole Servlce.com
GC-CA-A-5
ATTEST:
SURETY:
WESTERN SURETY COMPANY
(Printed Name)
2405 Lucien Way
Maitland, Florida 32751
(Business Address)
(Authorized Signature)
(Printed Name)
Witnesses as to Surety
OR
----
As Attorney n act
(Attach Po r f Attorney)
Jay E. , Attorney-In-Fact and
Florida Resident Agent (239) 275-8226
(Printed Name)
Valenti, Trobec & Woody
4110 Center Point Drive, 1215
Fort Myers, Florida 33916
(Business Address)
(239) 275-8226
(Telephone Number)
STATE OF
COUNTY OF
Florida
Lee
The foregoing instrument was aeknowledged before me this 27th day of
May I 2011, by Jay E. ~ , as At:t:orn:!y-In-Fact
of Western SUrety Conpany , a South Dakota Surety, on
behalf of Surety. He~ is personally known to me OR has prOduced
N/A as Identlfleatlon and Who lIXX{aid not) take an oath.
~Jl1\\ IT). ()taO
(Signature)
My..CQ.OOm~.n~."'''''':
: DAWN M. 0 :
: ,'\'\\~':"'''' Comm# 000700977 :
. ':-)i'i' rl{t.-~ -
~ ~1'~'\<:-i Expires 8/112011 ~
Q"'~'" - .
~ -"'~~"r.i p"~' FlOrida Notary As!!n.. Joe :
?''It.., .jI';t~~~~\:':..t ,,,._ .,.,..., III... ..:1 ....""..,.....11I.....
Name: Dawn M. Oozo
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DOO700977
GC-CA-A-6
EXHIBIT A
PUBLIC PAYMENT BOND
Boston Avenue Sidewalk Improvements
Bond No. ~
Contract No. 11-5674
KNOW ALL MEN BY THESE PRESENTS: That Stevens & Layton, Inc.
11260 Palm Beach Boulevard, Fort Myers, Florida 33905
and Western SUrety COODaIlV
Surety, located at 2405 Lucien Way, Maitland, Florida 34751
(Business Address) are held and firmlybound to 'IlE B::mrl of Cbnty Cannissiaa:s of Cblli~ChJ1ty,
as Ob ligee in the sum of <n:! fl:rrla:rl Fi.:fty 'Doo 'llr:uscn3 'D1ree fl:rrla:rl Fi.:fty Ibllar:s cnj ~ Fi.~ Cents
($152,353.55 ) for the payment whereof we bind ourselves, our heirs, exeeutors,
personal representatives, successors and assigns, jointly and severally.
, as Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2011, with Obligee for BastIn J\va'1E SitBalk Jmxovmmts, Bid NJ. 11-5674
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
. THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Prineipal with labor, materials or supplies, used directly or indirectly
by Prineipal in the proseeution 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 27th
day of May 2011, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
PRINCIPAL
!it(lh11JfuJ 1<'. /flea.!!)
~~~
Witne Princi
STEVENS & LAYTON, INC.
BY:
NAME:
ITS:
STATE OF FT ,00HnA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 1ST day of JUNE
20~, by V. KEITH DEAN ,as PRESIDENT of
STEVENS & LAYTON, INC. ,a FLORIDA corporation, on behalf of the
~~K~ome~~ as
My Commission Expires: Q d, /J/J fL. ~~
(Signa r (~ 7r<--<-- .
(AFFIX OFFICIA
BUFFY RIPPERDAN
(Legibly Printed)
tary Public, State of
Commission No.:
FLORIDA
ATTEST:
SURETY:
WESTERN SURETY COMPANY
(Printed Name)
2405 Lucien Way
Maitland, Florida 32751
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
OR
As Attorn y i Fact
(Attach P w of Attorney)
Jay E. , Attorney-In-Fact and
Florida Resident Agent (239) 275-8226
(Printed Name)
Valenti, Trobec & Woody
4110 Center Point Drive, '215
Fort Myers, Florida 33916
(Business Address)
(239) 275-8226
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
~,. The foregoing instrument was acknowledged before me this 2lI:l:L day of
May I 2011, by Jay E. Woody , as
Attorney-In-Fact of Western Surety coopany
Surety, on behalf of Surety. He/& is personally known to me OR has produced
N/A as Identification and who" (did not)
take an oath.
Idl.' I' '" ..11.... ...II.....III"..,.~... ..~ A III III ICII' ...
: DAWN M. ONZO :
E "\\\''''''''''11. Comm# OD0700977 :
: f {I~V ~t!r:'~, :
: ~~ . f.:'" E'i.pireClIV112011 :
: ~~~. ~.~! .. .~\ ',' f' :
: -;'~t()>~,(f>. norict.l Notary ASf..I1..lnc :
.~ If)"II;" '"
(J\FFix'o FF ICIAL.S'EAL).....' ,
J)CiuXl:ro. O~
(Signature)
My Commission Expires:
Name: Dawn M. Onzo
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: D00700977
GC-CA-A-3
Western Surety Company
POWEH, OF ATTORNEY APPOINTING INDIYII>UAL ATTORNEY-IN-FACT
Kllnw All i'1l'1I By Tl...". )'rr,,'uls. Thai WI'STl'ltN SIJRI:TY COMPANY. a Smllh 1);,1.111:1 ~nrpnlalinu. io; a .Iuly "'1'.alli"..1 and ~,iSlinl~ ~n'l'nra\illu
haYllll: ilS prin~ll'al ulrl~~ in Ih~ City or SI\lIlX Follis. :\nd SI"t~ ur SOlllh DOIl.ola. :lI1d IhOlI il docs hy virlllC ur Ihc Si[:nOlltllC :11111 SCOII heleill OIrJixed herehy
lua"c. cOII~titlltc and appumt
.Jay .1': \V()ody,'H.ohel'l TI'ohec, Wendy L Ilil1~son, S. P. llulllcnchick, Individually
uf FOIl 'Vlyels. FI., ils lrue OInd IOIwflll Alllllney(sHn.r"cl Wilh rull pllwel OInd OIulhlllily helehy clluli:llcd 10 sil~n. seOlI "lid cxe~ule ror OInd un ils heh:tIr
hunds, und~rlakillt;s aud olhel ohligalllry ""llIlIuenl' Ill' similar lIalure
- In Unlimited Amounts -
and lu hind il thelehy as rullv and Illlhe s;lIne exlCIII as II' such IlIsltulllell!S were S1~lIed hy a dilly alllhnrilCd unkcr llrlhe Clll pili al.llll :lI1d :,l1lhe aclS ufsai,1
I\llllrne)'. plllsuallllll Ihe authlllll\' helChy I:ivell. ale hcrehy lallliClI alld cunfllmed,
This I'lIwCl Ill' :\ IInr lie)' "m;llk alld excculed 1""SU:lIlIl11 alld h~' :IUlhlllll)' IIrlhe II)'-I.aw PlIllI,'d olllhe revep;c helellt', dul~' adlll'led. as 11Idl~:lled. hy'
llle sharehlllders IIrlh~ ~lIll'lHalillll,
III "'illll'ss Wh,'n'lIr. WISn:I\N SIIlU:TY COrvll',\NY has eallscd thl'SC IHeSl'nts tll he sir.ned hy ils Scniur Vice I'lcslllcnl "nd ils enrpol;ue sC:lllo
he hel~ll,;\nixed on Ihis 1 Jlh day ur Mard" :!OOCJ
." .
_._~
~~'..~~.~..!.'" C"....
,....-..- ", o~
1.~/ ()....to..,...;\~\
i ::t4... f"':~,
',':..~ oS. c: ""'. ./ if J
.,. . ~/
"~iD3~
WESTERN
SURETY
COM PA:N Y
____~7.-~ ..
1':tI11' . Ihlll1al. Sellllll Vl~e I'residelll
SI:II~ or SIIlIlh I lakllla
Cllllllly III' Millllchaha
} "
()II Ihis 1.11h ,lay or M;II ~h, ~l)lI'l. hcli'fe III" persllllally ~;III1~ 1';1111 T. 1I11111al. IlIlIle !-lImVII. whll, hellll: h}' 1111' dilly SWill II. did Ill'llllSC alld say: Ihal he
r~slIlc, IlIlhe. City or Slom 1:.llls. Slale Ill' SlIlIlhl ):ll.llla~ Ihal he " Ihe Sellilll Vi~~ PICsi.1e1l1 III' WIXI'l'ltN SIll: I'T\' ('( H\'lI',\N\' d~s~lIhed ill :11111 whidl
~""'l~d Ihe ahove illslrlllllclIl. Ih:11 h~ kllows Ihc sealnr saill cnlpolalillll, Ih:1l Ihe seal allixed III Ih~ said inslrnlll"1I1 is sn~h ~orl'lH:lll' s~;.I~ Ihal it \Vas Sll
an'rs~d p"lsuanl In anlhol ily l',iv~n h\' Ih~ IInald nr Dile,,"1S or ,aid cOlporalill1l alld Ihal he si,:lIe,1 his lIallll' thcn'w 1'11I\lIalll III Ii!-e alllhllllly. :11111
a~kllo\\'kdl',CS SOlllle It. b~ Ihe act ;11111 d~ed Ill' ,alii e'II"\I:IIIOII,
My Clllllllli\\illll ~.\I'il~'
+~~~~~""'~""~"""" +
s s
~ D. KRELL ~
s~NOTAnY PUOLIC~s
~~A..2JSOUTH D^KOTA~A~~
r r
t""""""~,~"",,,,+
('EHTl 1'1< ",\'1'1-:
-._~-----:~"'"''"'
~~1I1hCl ,1~_~_~
I, t.. NelSIIII. ^,,;I\lalll S~~lel'lI)' III' WI,STFRN SlllU':T\' COMPANY .111 h~rehy eClliry that Ihe I'II\\'er Ill' Allt".lC)' hCl~inahll\'e sel li"lh is ,1;11111
Ii"". alld hlllhn ~~llll\'lh"llhe tly-I,:I\\' IIrlh~ ~IIlp"lali"llplilll~d IIl1lh,' 1l'S'C1S~ h"leor" '1111 inli,,~e. 11I1~slilllllll~' \\'hell'IIrlltav~ IIl''''!!lIlo o;uhserihed
my II 'II lie and "ni,.'d Ih~ '~al IIl'lh~ SOlid C"II'"lall"IlIIIlS .... ?7th .Iayor May I 2011
...
.....~;lr..~.
.:l'~+.~...........,....r~',,,
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~::~.... ....!;!
i..~\.s-C ^""......ti
.~.~~~IH (i-~~o './.~~
....-..-:/
W EST I,: R N
SlJRl~TY
CO.ivlPi\NY
FUIIU 1",I!XtJ.(II).tlh
----_..._~-~""'''~
'ACORQM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
OS/27/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Valenti Trobec & Woody, Inc.
4110 Center Point Drive, Suite 215
Fort Myers, FL 33916
(239)275-8226
~~ No: (239)275-8837
Stevens & Layton, Inc.
11260 Palm Beach Blvd
Fort Myers, FL 33905
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F:
eERTIFICATE NUMBER: 2011-2012
INSURER(S) AFFORDING COVERAGE
Travelers Indemnity Company
Travelers Property Casualty Co 0
NAIC#
INSURED
Am 25674
eOVERAGES
REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER ~g~6~M~1 I~g~~~iv~lvl LIMITS
LTR INSR WVD
GENERAL LIABILITY DT CO-7311B822 PHX-11 03/26/2011 03/26/2012 EACH OCCURRENCE $ 1,000,000
- ~~~~U?F~~~~~~ence\
X COMMERCIAL GENERAL L1ABILtTY $ 300,000
I CLAIMS-MADE 00 OCCUR MED EXP (Anyone person) $ 5,000
A $2,500 fl:rlrtihlp X X PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
I . ,[Xl PRO- n $
POLICY JECT LOC
AUTOMOBILE LIABILITY PT 810-7311B822 PHX-11 03/26/2011 03/26/2012 COMBINED SINGLE LIMIT $
- (Ea accident) 1,000,000
X ANY AUTO
>-- BODILY INJURY (Per person) $
>-- ALL OWNED AUTOS BODILY INJURY (Per accident) $
B ~ SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
>--
~ NON-OWNED AUTOS $
$
UMBRELLA LIAB M OCCUR ~TSMCUP-7311B822TIL-11 03/26/2011 03/26/2012 EACH OCCURRENCE $ 4,000,000
-
EXCESS L1AB CLAtMS-MADE AGGREGATE $ 4,000,000
B
- DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSATION I WC STATU- I IOTH-
'AND EMPLOYERS' LIABILITY Y/N TORY ilMITS ER
ANY PROPRIETORlPARTNERIEXECUTIVE D N/A E.L EACH ACCIDENT $
OFFtCERlMEMBER EXCLUDED?
(Mandatory In NH) E.L DISEASE - EA EMPLOYEE $
If ~es. describe under
D SCRIPTION OF OPERATIONS below E,L DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
'For any and all work performed on behalf of Collier County"
ollier County Board of County Commissioners, Naples, Florida are added as Additional Insureds
with respects to General Liability. Waiver of Subrogation is i ncl uded for General Liability.
eERTIFleATE HOLDER
CANeELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County Commissioners
3301 Tamiami Trail East
Na les, FL 34112
AUTHORIZED REPRESENTATIVE
c.
Ja
AeORD 25 (2009/09)
hts reserved.
~
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
~ 02/09/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI
CERTIFleATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subiect to
the terms and conditions of the policy. certain policies may reQure an endorsement. A statement on this certificate does not confer riQhts to the
certificate holder in lieu of such endorsement(s).
PRODUCER WELLS FARGO INS. SERVo USA-CH, NC CONTACT
NAME:
6100 FAIRVIEW ROAD, SUITE 800 Fl!8NJo, Exl): I r~ Nol:
E-MAtL
PO BOX 220748 ADDRESS
CHARLOTTE, Ne 28222 INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: HARTFORD FIRE INSURANCE CO.
INSURED 6197 - FL INSURER B:
STRATEGIC OUTSOURCING, INC. INSURER C:
PO BOX 241448 INSURER 0:
CHARLOTTE, NC 28224 INSURER E:
INSURER F:
eOVERAGES
CERTIFICATE NUMBER: 34,386
REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE tQR~L SUBR POLICY NUMBER 1&~Mg~ ,~~~~W~ LIMITS
LTR WVD
GENERAL LIABILITY EACH OCCURRENCE $
- ~~~~H?E~~~r?encel
COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
n'L AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG $
POLICY ~~8i LOC $
AUTOMOBILE LIABILITY I fE~~~7dEe~t~INGLE LIMIT $
f--
ANY AUTO BODILY INJURY (Per person) $
~ ALL OWNED - SCHEDULED
I-- AUTOS - AUTOS BODILY INJURY (Per eccident) $
HIRED AUTOS NON-OWNED I rp~~~,i,~~t~AMAGE $
~ - AUTOS
34288 $
~ UMBRELLA L1AB H OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS MADE AGGREGATE $
DEDI I RETENTION $ $
WORKERS COMPENSATION X I. WC STATU-; I IOTH-
A AND EMPLOYERS' LIABILITY Y/N 22WBRJ79226 03/01/2011 03/01/2012 TORY LIMITS ER
ANY PROPRIETORlPARTNERlEXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000
OFFtCERlMEMBER EXCLUDED? N/A
~Mandato~n NH) E,L. DtSEASE - EA EMPLOYEE $ 1,000,000
yes, descro unde 1,000,000
DESCRIPTtON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
LIMITED TO EMPLOYEES LEASED TO STEVENS AND LAYTON, INC. BY STRATEGIC OUTSOURCING, INC.
FAX: 239-693-8630
eERTIFICATE HOLDER
CANCELLATION Certificate ID 34386
,
COLLIER COUNTY BOARD OF COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2800 HORSESHOE DRIVE N. ACCORDANCE WITH THE POLICY PROVISIONS.
NAPLES, FL 34104 AUTHORIZED REPRESENTATIVE
(,..w.o- f ~i.ilJ!.
I
ACORD 25 (2010/05)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORQM
AGENCY CUSTOMER 10:
LOC#:
ADDITIONAL REMARKS SCHEDULE
Page
of
AGENCY NAMED INSURED
Valenti Trobec & Woody, Inc. Stevens & Layton, Inc.
POLICY NUMBER Fort Myers, FL 33905
CARRIER I NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:
25
FORM TITLE:
ACORD Certificate of Liability Insurance
CERTIFICATE HOLDER: Coll ier County Board of County COl1l11i ssioners
Garage Liability
INSR ADD'L
LTR INSRD
SUBR
WVD
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDNY) DATE (MM/DDNYI
LIMITS
AUTO ONLY - EA ACCIDENT $
EAACC $
OTHER THAN
AUTO ONLY
AGG $
ANY AUTO
Automobile Liability
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDNYI DATE (MM/DDNY)
x
Excess/Umbrella Liability
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDNYI DATE (MM/DDNYI
LIMITS
$
Other Liability
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDNY) DATE (MM/DDNYI
LIMITS
DEseRIPTION OF OPERATIONS I LOCATIONS I VEHleLES
Umbrella coverage noted above overrides all other insurance limits shown on this certificate.
hirty (30) day notice of cancellation shall apply.
AeORD 101 (2008/01)
@2008 AeORD eORPORATION. All rights reserved.
The ACORD name and logo are registered marks of AeORD
Stevens & Layton, Inc.
Policy i73llB822-PHX-ll
COMMERCIAL GENERAL LIABILITY
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED - (Section II) is amended
to include any person or organization that you
agree in a "written contract requiring insurance"
to include as an addition81 insured on this Cover-
age Part. but:
a) Only with respect to li8bility for "bodily injury",
"property damage" or "personal injury"; and
b) If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". This endorsement shall not in-
crease the limits of insurance described in
Section III - Limits Of Insurance.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damnge" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i. The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
Ii. Supervisory, inspection, architectural or
engineering activities.
CG D2 46 08 05
c) The insumnce provided to the addition31 in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products-completed op-
erations hazard" unless the "written contract
requiring insurance" specifically requires you
to provide such coverage for thelt additional
insured, and then the insurelnce provided to
the eldditional insured applies only to such
"bodily injury" or "property d8mage" th3t oc-
curs before the end of the period of time for
which the "written contr3ct requiring insur-
8nce" requires you to provide such coverage
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on 8ny other basis, that is
available to the 8ddition31 insured for a loss we
cover under this endorsement. However, if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primmy and non-contributory basis,
this insurance is primmy to "other insUr8nce"
available to the additional insured which covers
that person or organization as a n8med insured
for such loss, 8nd we will not shmc with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured when th8t person or organization is
an additionfll insured under such "other insur-
ance",
4. ^s <1 condition of covcmgc provided to the
eldditional insured by this endorsement:
<I) The additional insured must give us written
notice as soon as practicable of 3n "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
@ ?005 Thp. St. Prllll Tmvp.lers ComPrmies. Inc,
PrlOe 1 of 2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "suit", cooperate
with us in the investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition docs not affect whether the insur-
ance provided to the 8dditional insured by
this endorsement is primary to "other insur-
ance" clVailable to the additional insured
which covers that person or organization as a
named insured as described in p8ragraph 3.
above.
5. The following definition is added to SECTION V.
- DEFINITIONS:
"Written contract requiring insurance" menns
that part of any written contract or agreement
under which you are required to include CI
person or orgClnization as an 8dditional in-
sured on this Coverage Pmt, provided that
the "bodily injury" and "property damage" oc-
curs and the "personClI injury" is caused by an
offense committed:
a. After the signing and execution of the
contmct or agreement by you;
b. While that pmt of the contrClct or
agreement is in effect; and
c. Before the end of the policy period.
P"flP. ? (If ?
@ 2005 Thp. SI. Prlul Tmvp.lers Companies. Inc,
CG D? 4() OR O~
Stevens & Layton, Inc.
Policy 173llB822-PHX-ll
COMMERCIAL GENERAL LIABILITY
THIS ENOORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY.
CONTRACTORS XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - Provisions A.-H. and J.-N. of this endorsement broaden coverage,
and provision I. of this endorsement may limit coverage. The following listing is a generClI coverage description
only. limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement
carefully to determine rights, duties, and what is and is not covered.
A. Broadencd Named Insured
B. Extension of Coverage - Damage To Premises
Rented To You
· Pcrils of fire, cxplosion, lightning, smoke, watcr
· Limit increased to $300,000
C. Blanket Waiver of Subrogation
D. Blanket Additional Insured - Managers or Lessors
of Premiscs
E. incidental Medical Malpractice
F. Extension of Coverage - Bodily Injury
G. Contractual Liability - Railroads
PROVISIONS
A. BROADENED NAMED INSURED
1. The Named Insured in Item 1. of the DecIma-
tions is as follows:
The person or organization named in Item 1.
of the Declarations and any organization,
other than a partnership, joint venture or lim-
ited liability company, of which you maintain
ownership or in which you maintain the major-
ity interest on the effective date of the policy.
However, coverage for any such additional
organization will cease as of the date, if any,
during the policy period. that you no longer
maintain ownership of, or the majority interest
in, such organization.
2. WHO IS AN INSURED (Section II) Item 4.3.
is deleted and replaced by the following:
a. Coverage under this provision is afforded
only until the 180th day after you ncquire
or form the organization or the end of the
policy period. whichever is emlier.
CG D3 16 07 04
H. Additional Insured - St<1te or Politic81 Subdivisions
I.
J.
Other Insurance Condition
Increased Supplementary P8yments
· Cost of b8il bonds incre3sed to $2,500
· Loss of earnings increased to $500 per day
K. Knowledge and Notice of Occurrence or Offense
L. Unintentional Omission
M.
N.
Personal Injury - Assumed by Contract
Blanket Addition811nsLlred -Lessor of Leased
Equipment
3. This Provision A. does not apply to 8ny per-
son or organization for which coverage is ex-
cluded by endorsement.
B. EXTENSION OF COVERAGE - DAMAGE TO
PREMISES RENTED TO YOU
1. The last par:Jgraph of COVERAGE A. BOD-
IL Y INJURY AND PROPERTY DAMAGE LI-
ABILITY (Section I - Coverages) is deleted
and replaced by the following:
Exclusions c. through n. do not 8pply to dam-
age to premises while rented to you, or tem-
porarily occupied by you with permission of
the owner, caused by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from sLlch fire, explosion,
or lightning; or
c. W8ter.
^ separate limit of insLlr<:1nce Clpplies to this
coverage as described in Section III Limits Of
InsLlrclnce,
Copyright. The Travelers Indemnity Company, 2004
Page 1 of 6
COMMERCIAL GENERAL LIABILITY
2. This insurance does not apply to damage to
premises while rented to you, or temporarily
occupied by you with permission of the
owner, c8used by:
a. Rupture, bursting, or operation of pres-
sure relief devices;
b. Rupture or bursting due to expansion or
swelling of the contents of any building or
structure, caused by or resulting from wa-
ter;
c. Explosion of steam boilers, steam pipes,
steam engines. or steam turbines.
3. Paragraph 6. of LIMITS OF INSURANCE
(Section III) is deleted and replaced by the
following:
Subject to 5. above, the Damage To Prem-
ises Rented To You limit is the most we will
pay under COVERAGE A. for the sum of all
damages because of "property damage" to
anyone premises while rented to you, or
temporarily occupied by you with permission
of the owner, caused by: fire; explosion; light-
ning; smoke resulting from such fire, explo-
sion, or lightning; or water. The Damage To
Premises Rented To You limit will apply to all
"property damage" proximately caused by the
same "occurrence", whether such damage
results from: fire; explosion; lightning; smoke
resulting from such fire, explosion, or light-
ning; or water; or any combination of any of
these causes.
The Damage To Premises Rented To You
limit will be the higher of:
a. $300,000; or
b. The amount shown on the Declarations
for Damage To Premises Rented To You
Limit.
4. Paragraph a. of the definition of "insured con-
tract" (DEFINITIONS - Section V) is deleted
and replaced by the following:
a. A contract for a lease of premises. How-
ever, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage to
premises while rented to you, or tempo-
rarily occupied by you with permission of
the owner, caused by: fire; explosion;
lightning; smoke resulting from such fire,
explosion, or lightning; or water, is not an
"insured contract";
Paqe 2 of 6
5. This Provision B. does not 8pply if coverage
for Damage To Premises Rented To You of
COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY (Section 1-
Coverages) is excluded by endorsement.
C. BLANKET WAIVER OF SUBROGATION
We waive any right of recovery we may have
ag8inst 8ny person or organization because of
payments we make for injury or dam8ge arising
out of: premises owned or occupied by or rented
or loc:med to you; ongoing operations performed
by you or on your beh;:llr, done under a contract
with th8t person or org8nization; "your work"; or
"your products". We waive this right where you
hC:lVe agreed to do so as p3rt of a written contract,
executed by you before the "bodily injury" or
"property damage" occurs or the "personal injury"
or "advertising injury" offense is committed.
D. BLANKET ADDITIONAL INSURED - MANAG-
ERS OR LESSORS OF PREMISES
WHO IS AN INSURED (Section II) is amended to
include as an insured any person or org8nization
(referred to below as "additional insured") with
whom you hC:lVe agreed in 8 written contract, exe-
cuted before the "bodily injury" or "property dam-
age" occurs or the "personal injury" or "advertis-
ing injury" offense is committed, to name as an
additional insured, but only with respect to liability
arising out of the ownership, maintenance or use
of that part of any premises leased to you, subject
to the following provisions:
1. Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the
limits which you agreed to provide in the writ-
ten contract, or the limits shown on the Decla-
rations, whichever are less.
2. The insuf8nce afforded to the 8dditional in-
sured does not 8pply to:
a. Any "bodily injury" or "property damage"
that occurs, or "personal injury" or "adver-
tising injury" c8used by an offense which
is committed, after you cease to be a ten-
ant in that premises;
b. Any premises for which coverage is ex-
cluded by endorsement; or
c. Structural ",Iterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
3. The insurance afforded to the additional in-
sured is excess over any valid and collectible
Copyriqht, The Travelers Indemnity Comp;:lny, 20011
CGD3160704
"other insurance" available to such additional
insured, unless you have agreed in the writ-
ten contract that this insurance must be pri-
mary to, or non-contributory with, such "other
insurance".
E. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to paragraph 1. Insur-
ing Agreement of COVERAGE A. - BODILY
INJURY AND PROPERTY DAMAGE LIABIL-
ITY (Section I - Coverages):
"Bodily injury" arising out of the rendering of,
or failure to render, the following will be
deemed to be caused by an "occurrence":
a. Medical, surgical, dental, laboratory, x-ray
or nursing service, advice or instruction,
or the related furnishing offood or bever-
ages;
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances;
c. First aid; or
d. "Good Samaritan services." As used in
this Provision E., "Good Samaritan ser-
vices" are those medical services ren-
dered or provided in an emergency and
for which no remuneration is demanded
or received.
2. Paragraph 2.a.(1)(d) of WHO IS AN IN-
SURED (Section II) does not apply to any
registered nurse, licensed practical nurse,
emergency medical technician or paramedic
employed by you, but only while performing
the services described in paragraph 1. above
and while acting within the scope of their em-
ployment by you. Any "employees" rendering
"Good Samaritan services" will be deemed to
be acting within the scope of their employ-
ment by you.
3. The following exclusion is added to paragraph
2. Exclusions of COVERAGE A. - BODILY
INJURY AND PROPERTY DAMAGE LIABIL-
ITY (Section 1- Coverages):
(This insurance does not apply to:) "Bodily in-
jury" or "property damage" arising out of the
willful violation of a penal statute or ordinance
relating to the sale of pharmaceuticals com-
mitted by or with the knowledge or consent of
the insured.
4. For the purposes of determining the applica-
ble limits of insurance, any act or omission
COMMERCIAL GENERAL LIABILITY
together with all related acts or omissions in
the furnishing of the services described in
paragraph 1. above to anyone person will be
deemed one "occurrence".
5. This Provision E. does not apply if you are in
the business or occupation of providing any of
the services described in paragraph 1. above.
6. The insurance provided by this Provision E.
shall be excess over any v8lid and collectible
"other insurance" available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance that you
bought specifically to apply in excess of the
Limits of Insurance shown on the Declara-
tions of this Coverage Part.
F. EXTENSION OF COVERAGE - BODILY IN-
JURY
The definition of "bodily injury" (DEFINITIONS -
Section V) is deleted and repl8ced by the follow-
ing:
"Bodily injury" means bodily injury, mental an-
guish, mental injury, shock, fright, disability, hu-
miliation, sickness or disease sustained by a per-
son, including death resulting from any of these at
any time.
G. CONTRACTUAL LIABILITY - RAILROADS
1. Paragraph c, of the definition of "insured con-
tract" (DEFINITIONS - Section V) is deleted
and repl8ced by the following:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of "insured
contract" (DEFINITIONS - Section V) is de-
leted.
H. ADDITIONAL INSURED - STATE OR POLITI-
CAL SUBDIVISIONS - PERMITS
WHO IS AN INSURED (Section II) is amended to
include as 8n insured any state or political subdi-
vision, subject to the following provisions:
1. This insurance 8pplies only when required to
be provided by you by an ordinance, law or
building code and only with respect to opera-
tions performed by you or on your behalf for
which the state or political subdivision has is-
sued a permit.
2. This insurance does not apply to:
a. "Bodily injury," "property damage," "per-
sonal injury" or "advertising injury" arising
out of operations performed for the state
or political subdivision; or
CG 03 16 07 04
Copyright, The Travelers Indemnity Company, 200'1
P8gC 3 of 6
COMMERCIAL GENERAL LIABILITY
b. "Bodily injury" or "property damage" in-
cluded in the "products-completed opera-
tions hazard".
I. OTHER INSURANCE CONDITION
A. COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV), paragraph 4. (Other
Insurance) is deleted and replaced by the fol-
lowing:
4. Other Insurance
If valid and collectible "other insumnce" is
available to the insured for a loss we
cover under Coverages A or B of this
Coverage Part, our obligations are limited
as follows:
a. Primary Insurance
This insurance is primary except
when b. below applies. If this insur-
ance is primary, our obligations are
not affected unless any of the "other
insurance" is also primary. Then, we
will share with all that "other insur-
nnce" by the method described in c.
below.
b. Excesslnsurancc
This insurance is excess over any of
the "other insurance", whether pri-
mary, excess, contingent or on any
other basis:
(1) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk,
or similar coverage for "your
work";
(2) That is Fire insurance for prem-
ises rented to you or temporarily
occupied by you with permission
of the owner;
(3) That is insurance purchased by
you to cover your liability as a
tenant for "property damage" to
premises rented to you or tempo-
rarily occupied by YOLl with per-
mission of the owner; or
(4) If the loss arises out of the main-
tenance or use of aircraft.
"autos", or watercraft to the ex-
tent not subject to Exclusion g. of
Section I - Coverage A - Bodily
Injury And Property Damage Li-
ability; or
(5) That is available to the insured
when the insured is an additional
Page 4 of 6
insured under any other policy,
including ,my umbrellCl or excess
policy.
When this insurance is excess, we
will h,we no duty under Covemges A
or B to defend the insured against
any "suit" if any provider of "other in-
surance" has 8 duty to defend the in-
sured against that "suit". If no pro-
vider of "other insurance" defends,
we will undertake to do so, but we will
be entitled to the insured's rights
against all those providers of "other
insurance".
When this insurance is excess over
"other insurance", we will pay only
our sh8re of the 8mount of the loss. if
<.my, that exceeds the sum of:
(1) The total amount that 811 such
"other insurance" would pay for
the loss in the absence of this in-
surance; <:md
(2) The total of all deductible and
self-insured 8mounts under th8t
"other insurance".
We will share the remaining loss, if
any, with 8ny "other insurcmce" th8t is
not described in this Excess Insur-
ance provision.
c. Method Of Sharing
If all of the "other insurc:mce" permits
contribution by equ81 shares, we will
follow this method 8lso. Under this
approach each provider of insurance
contributes equal amounts until it has
paid its applicable limit of insurance
or none of the loss rem8ins, which-
ever comes first.
If any of the "other insurance" does
not permit contribution by equal
shares, we will contribute by limits.
Under this method, the sh8re of each
provider of insur;1nce is brlsed on the
ratio of its applic8ble limit of insur-
ance to the total applicable limits of
insumnce of 811 providers of insur-
ance.
B. The following definition is added to DEFINITIONS
(Section V):
"Other insurance":
a. Means insurance, or the funding of losses,
that is provided by, through or on behalf of:
Copyright, The Travelers Indemnity Company, 2004
CG D3 160704
(1) Another insurance company;
(2) Us or any of our affiliated insurance com-
panies, except when the Non cumulation
of Each Occurrence Limit section of
Paragraph 5 of LIMITS OF INSURANCE
(Section III) or the Non cumulation of Per-
sonal and Advertising Injury limit sections
of Paragraph 4 of LIMITS OF INSUR-
ANCE (Section III) applies;
(3) Any risk retention group;
(4) Any self-insurance method or program,
other than any funded by you and over
which this Coverage Part applies; or
(5) Any similar risk transfer or risk manage-
ment method.
b. Does not include umbrella insurance, or ex-
cess insurance, that you bought specifically to
apply in excess of the Limits of Insurance
shown on the Declarations of this Coverage
Part.
J. INCREASED SUPPLEMENTARY PAYMENTS
~aragraphs 1.b. and 1.d. of SUPPLEMENTARY
PAYMENTS - COVERAGES A AND B (Section I
- Coverages) are amended as follows:
1. In paragraph 1.b., the amount we will pay for
the cost of bail bonds is increased to $2500.
2. In paragraph 1.d., the amount we will pay for
loss of earnings is increased to $500 a day.
K. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
1. The following is added to COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section
IV), paragraph 2. (Duties In The Event of Oc-
currence, Offense, Claim or Suit):
Notice of an "occurrence" or of an offense
which may result in a claim must be given as
soon as practicable after knowledge of the
"occurrence" or offense has been reported to
you, one of your "executive officers" (if you
are a corporation), one of your partners who
is an individual (if you are a partnership), one
of your managers (if you are a limited liability
company). or an "employee" (such as an in-
surance, loss control or risk manager or ad-
ministrator) designated by you to give such
notice.
Knowledge by any other "employee" of an
"occurrence" or offense does not imply that
you also have such knowledge.
CG D3 16 07 04
COMMERCIAL GENERAL LIABILITY
2. Notice of an "occurrence" or of an offense
which may result in 3 claim will be deemed to
be given as soon as practicable to us if it is
given in good faith 8S soon 3S practicable to
your workers' compensation insurer. This ap-
plies only if you subsequently give notice of
the "occurrence" or offense to us as soon as
practicable after you, one of your "executive
officers" (if you are a corporation), one of your
partners who is an individual (if you are a
partnership), one of your managers (if you are
a limited liability compcmy), or an "employee"
(such as an insurance, loss control or risk
manager or administrator) designated by you
to give such notice discovers that the "occur-
rence" or offense m3Y involve this policy.
3. This Provision K. does not apply 3S respects
the specific number of days within which you
are required to notify us in writing of the
abrupt commencement of a discharge, rc-
lense or eSC8pe of "pollut;:mts" th3t causes
"bodily injury" or "property damagc" which
m8Y otherwise be covercd under this policy.
L. UNINTENTIONAL OMISSION
The following is added to COMMERCIAL GEN-
,ERAL LIABILITY CONDITIONS (Section IV),
paragraph 6. (Representations):
The unintentional omission of, or unintentional
error in, any information provided by you which
we relied upon in issuing this policy shall not
prejudice your rights under this insurance. How-
ever, this Provision L. does not affect our right to
collect additional premium or to exercise our right
of cancellation or nonrenewal in accordance with
npplicable state insur3nce laws, codes or regula-
tions.
M. PERSONAL INJURY - ASSUMED BY CON-
TRACT
1. The following is addcd to Exclusion e. (1) of
Paragraph 2., Exclusions of Coverage B.
Personal Injury, Advertising Injury, and
Web Site Injury Liability of the Web XTEND
liability endorsement:
Solely for the purposes of liability assumed in
8n "insured contract", reasonablc 8ttorney
fces and necessary litig8tion expenses in-
curred by or for a party other than an insured
arc deemed to be damages because of "per-
sonal injury" provided:
(<I) Liability to such party for, or for the cost
of, that party's defense has also been as-
Copyright, The Travelers Indemnity Company, 200'1
Page 5 of 6
COMMERCIAL GENERAL LIABILITY
sumed in the same "insured contract";
and
(b) Such attorney fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute reso-
lution proceeding in which damages to
which this insurance applies are alleged.
2. Paragraph 2.d. of SUPPLEMENTARY PAY-
MENTS - COVERAGES A AND B (Section I
_ Coverages) is deleted and replaced by the
following:
d. The allegations in the "suit" and the in-
formation we know about the "occur-
rence" or offense are such that no conflict
appears to exist between the interests of
the insured and the interests of the in-
demnitee;
3. The third sentence of Paragraph 2 of SUP-
PLEMENTARY PAYMENTS - COVERAGES
A AND B (Section I - Coverages) is deleted
and replaced by the following:
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I - Coverage A - Bodily In-
jury And Property Damage Liability, or the
provisions of Paragraph 2.e.(1) of Section 1-
Coverage B - Personal Injury, Advertising In-
jury And Web Site Injury Liability, such pay-
ments will not be deemed to be damages for
"bodily injury. and .property damage", or
damages for .personal injury., and will not re-
duce the limits of insurance.
4. This provision M. does not apply if coverage
for "personal injury" liability is excluded by
endorsement.
Page 6 of 6
N. BLANKET ADDITIONAL INSURED - LESSOR
OF LEASED EQUIPMENT
WHO IS AN INSURED (Section 11) is amended to
includc as an insurcd any pcrson or organization
(referred to below as "additional insured") with
whom you have agreed in a written contract, exe-
cuted before the "bodily injury" or "property dam-
age" occurs or the "personal injury" or "advertis-
ing injury" offense is committed, to name as an
additional insured, but only with respect to their li-
ability for "bodily injury", "propcrty damage", "per-
sonal injury" or "advertising injury" caused. in
whole or in part. by your acts or omissions in the
maintenance, opemtion or use of equipment
leased to you by such additional insured. subject
to the following provisions:
1. Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the
limits which you agreed to provide in the writ-
ten contract, or the limits shown on the Decln-
rations, whichever are less.
2. The insurance afforded to the additional in-
sured does not apply to any "bodily injury" or
"property damage" that occurs, or "personal
injury" or "advertising injury" caused by an of-
fense which is committed, after the equipment
lease expires.
3. The insurance afforded to the additional in-
sured is excess over any valid and collectible
"other insurance" available to such additional
insured, unless you have agreed in the writ-
ten contract that this insurance must be pri-
mary to, or non-contributory with, such "other
insurance" .
Copyright, The Travelers Indemnity CompClny, 2004
CG 03 16 07 04
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: DT-CO-7311B822-PHX-11 ISSUE DATE: 03-24-11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
WCI COMMUNITIES, INC. AND SUBSIDIARIES
24301 WALDEN CENTER DRIVE
BONITA SPRINGS FL 34134
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US Condition (Section IV-
COMMERCIAL GENERAL LIABILITY CONDITIONS)
is amended by the nddition of the following:
We waive any right of recovery we may hnve against
the person or organization shown in the Schedule
above because of payments we make for injury or
d<lm<lge mising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazards." This wniver applies
only to the person or organization shown in the
Schedule above.
EXHIBIT B
INSURANCE REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from
responsible companies duly authorized to do business in the State of Florida as set forth in
EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors, agents and employees of each and all of
them, all damages covered by property insurance provided herein, except such rights as they
may have to the proceeds of such insurance. The Vendor and County shall, where
appropriate, require similar waivers of subrogation from the County's separate Vendors,
Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all
work performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Vendor
under this solicitation and shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR Collier County Government, OR
Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements
set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles
under any of the below listed minimum required coverage, Vendor must identify on the
Certificate of Insurance the nature and amount of such self- insured retentions or deductibles
and provide satisfactory evidence of financial responsibility for such obligations. All self-
insured retentions or deductibles will be Vendor's sole responsibility.
Coverage.@} shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the seope of work by the County or as
specified in this solicitation... whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notiee to the
County of policy cancellation or non-renewal on the part of the insurance carrier or the
Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverage or limits received by Vendor from its insurer and nothing contained herein shall
relieve Vendor of this requirement to provide notice. In the event of a reduction in the
GC-CA-C-1
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately
take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
Should at any time the Vendor not maintain the insurance coverage~ required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage~ and charge the Vendor for such coverage~ purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Vendor under this Agreement or any other
agreement between the County and Vendor. The County shall be under no obligation to
purchase such insurance, nor shall it be responsible for the coverage~ purchased or the
insurance company or companies used. The decision of the County to purchase such
insurance coverage~ shall in no way be construed to be a waiver of any of its rights under
the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the
completion of the scope of work, the Vendor shall furnish to the County renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the
expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
GC-CA-C-2
Insurance I Bond Type
1. [gI Worker's
Compensation
2. [gI Employer's Liability
3. [gI Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. [gIlndemnification
4. [gI Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$500,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
$ 1,000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. D Other insurance as D Watercraft
noted:
$
Per Occurrence
D United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$
Per Occurrence
D Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
D Pollution
$
$
Per Occurrence
Per Occurrence
D Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
D Project Professional Liability
D Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
GC-CA-C-3
6. [gI Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7, [gI Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A_" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by AM. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ~ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insuranee provisions.
9. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
1 O. ~ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County.
11. ~ Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Agent Name
Telephone Number
GC-CA-C-4
COUNTY OF COLLIER )
STATE OF FLORIDA)
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
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 , 2011 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 [monthlylfinal] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2011, by
,~~ ,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-5
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 Time:
Revised Contract Time:
=
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
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 Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
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.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
GC-CA-F-1
RESPONSI BI L1TIES:
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
,2011
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2011
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2011
OWNER
By:
Type Name and Title
GC-CA-F-2
EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK eOMPLETED STORED TOTAL PERCENT SA
NUMBER VALUE MATERIALS COMPLETED COMPLETE TO
PREVIOUS APPLICATIONS THIS & STORED
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
* Explanation for the two columns under Previous Applications: The Thru Date is where vou will olace all information until the contract is complete unless
into play. If this happens, all information up to the date of the % change in retainaae is placed in the Thru Date column. Information atter that date is pla(
what has happened since the chanae in retainaae.
GC-CA-D-2
Exhibit D (Continued)
Stored Materials Record
A B C
Invoice Previously Received Previousl
Date Description Supplier Number Received This Period Installed
Formula: P.
GC-CA-D-3
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Oated:
Oate:
Change Order Oescription
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:
Oate:
Project Manager
Recommended by:
Oesign Professional
Oate:
Accepted by:
Oate:
Contractor
Approved by:
Oate:
Oepartment Oireetor
Approved by:
Oate:
Oivision Administrator
Approved by:
Oate:
Purchasing Oepartment
Authorized by
Oirector
(For use by Owner: Fund Cost Center:
Numbe~ )
Oate:
Objeet Code:
Project
GC-CA-E-5
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
Date:
,2011
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 Subjeet to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
GC-CA-H-1
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 notiee. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in
the Contract Documents shall be complied with by the parties.
GC-CA-H-2
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
4.3 Contractor shall submit all Applications for Payment to Q. Grady Minor &
Associates located at 3800 Via Del Rey Bonita Springs, Florida 34134.
GC-CA-H-3
4.4 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.
4.5 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.
4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC-CA-H-4
4.8 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
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)
GC-CA-H-5
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the contractor has not satisfied nor
made arrangement to satisfy these debts, the County reserves the right to off-set the
amount owed to the County by applying the amount owed to the vendor or contractor for
services performed of for materials delivered in
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.
GC-CA-H-6
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor 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
GC-CA-H-7
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, 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
GC-CA-H-8
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
GC-CA-H-9
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
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
GC-CA-H-10
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. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11 .2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
GC-CA-H-11
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
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.
GC-CA-H-12
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.
14.3 Statutes and executive orders require employers to abide by the immigration laws
of the United States and to employ only individuals who are eligible to work in the
United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA) ,
provides an Internet-based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
· Commodity based procurement where no services are provided.
· Where the requirement for the affidavit is waived by the Board of County
Commissioners
GC-CA-H-13
Vendors I Bidders are required to enroll in the E-Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor's/bidder's
proposal. Acceptable evidence consists of a copy of the properly completed E-Verify
Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E-Verify Program. The affidavit is attached to the solicitation documents. If the
BidderNendor does not complv with providinQ both the acceptable E-Verifv
evidence and the executed affidavit the bidder's I vendor's proposal may be
deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system
for all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-
Verify) program visit the following website: htto://www.dhs.gov/E-Verifv. It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an
award shall be fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended and with the provisions contained within this
affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or
the provisions of this affidavit shall constitute a breach of the award agreement and the
County shall have the discretion to unilaterally terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
GC-CA-H-14
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
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.
GC-CA-H-15
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-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
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.
GC-CA-H-16
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
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:
GC-CA-H-17
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
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
GC-CA-H-18
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct 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
GC-CA-H-19
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials 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.
GC-CA-H-20
All direct, indirect and consequential costs of Owner in exercIsing such rights and
remedies shall be charged against Contractor, and a Change Order shall be issued,
incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential
costs shall include, but not be limited to, fees and charges of engineers, architects,
attorneys and other professionals, all court costs and all costs of repair and replacement
of work of others destroyed or damaged by correction, removal or replacement of
Contractor's defective Work. Contractor shall not be allowed an extension of the
Contract Time because of any delay in performance of the Work attributable to the
exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit 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.
GC-CA-H-21
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
GC-CA-H-22
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective
Device Coordination and Arc Flash Studies where relevant as determined by the
engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch
flash boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, 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;
GC-CA-H-23
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or 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
GC-CA-H-24
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs
associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of
Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
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.
GC-CA-H-25
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 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
GC-CA-H-26
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
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
GC-CA-H-27
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
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 . 1 0
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
Subcontracts and Purchase Orders
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
I nspection 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
GC-CA-H-28
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department 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 (F.A.C.) or aboveground 62-762,
F.A.C. 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
GC-CA-H-29
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, F.A.C. and 62-762,
F.A.C. 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.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
40. DISPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who
would make the presentation of any settlement reached at mediation to OWNER'S
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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.
2. Granting Agency Requirements & Forms - provided in separate files.
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 folloVlfingiterns must be submitt.ed with thebidpackage. Anyrnissing items will
. be considered a n()nresponsive bid~
REQUIRED FORMS (Attached)
N/A DBElAA Plan Submit BOTH with Bid Package: If your DBE/AA Plan has not been
approved by FDOT:
Disadvantaged Business 0 FDOT DBE/AA Plan
Enterprise Affirmative Action Approval Letter A sample DBE policy and plan
Plan (Form 275-030-118) has been
0 Copy of DBE/AA Policy provided with approval
DBE PLAN SUBMITTED WITH and Plan instructions.
BID MUST BE APPROVED BY
FOOT
N/A EEO/AA Plan Submit with Bid Package: A sample EEO policy and plan
has been provided.
Equal Employment Opportunity 0 Copy of EEO/AA Policy
Affirmative Action Plan and Plan The EEO plan is not required to
be approved by FDOT.
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
275-030-12 Anticipated DBE Statement Submit with Bid Package
275-030-13 Certification of Non- Submit with Bid Package
seareaated Facilities
Provide FOOT Prequalification Submit with Bid Package
#
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. 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 287.0 17 F.S, for Category Two. All
restrictions apply for a period of 36 months from the date of placement on the convicted vendor
list.
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.
A contractor desiring to bid for the performance of any construction contract located on the
National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must
be certified by the Department of Transportation as qualified in accordance with Section
337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the
performance of any construction contract in excess of $250,000 submitted by a contractor not
certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and
will be REJECTED.
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
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.
3. Buy America and Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines)
Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use
steel and iron produced in the Untied States, in accordance with the Buy America provisions of 23
CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the
United States. As used in this specification, a manufacturing process is any process that modifies
the chemical content, physical shape or size, or final finish of a product beginning with the initial
melding and mixing and continuing through the bending and coasting stages. A manufactured
steel or iron product is complete only when all grinding, drilling, welding, finishing and coating
have been completed. If a domestic product is taken outside the Untied States for any process, it
becomes foreign source material. When using steel and iron as a component of any
manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams,
corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use
minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1 % of the total Contract amount or $2500, which ever is greater.
These requirements are applicable to all steel and iron materials incorporated into the
finished work, but are not applicable to steel and iron items that the Contractor uses but does not
incorporated into the finished work. Provide a certification from the producer of steel or iron, or
any product containing steel or iron as a component, stating that all steel or iron furnished or
incorporated into the furnished product was manufactured in die Untied States in accordance with
the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as
amended. Such certification shall also include (1) a statement that the product entirely within the
United States, or (2) a statement that the product was produced within the United States except
for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each such
certification to the Engineer prior to incorporating the material into the project. When FHWA
allows the use of foreign steel on a project, furnish invoices to document the cost of such
material, and obtain the Engineer's written approval prior to incorporating the material into the
project.
4. Change Orders
See Exhibit H, General Terms and Conditions, Section 10.
Changes in the Work, Article, 1 0.2 Change Order, Collier County Contract
See attached contract section pages GC-CA-H.
5. Claims
See Exhibit H, General Terms and Conditions, Section 11.
Claims and Disputes, Collier County Contract
See attached contract section page GC-CA-H.
6. Contractor Purchased Equipment for State or Local Ownership
Provision excluded from this contract.
7. Suspension and Debarment (Collier County 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 participation in obtaining
County contracts. The purpose of any such action shall be to protect the County's interests and
the integrity of the County's contracting process. The suspension and debarment processes shall
be considered to be separate from and in addition to the award evaluation and vendor
performance evaluation processes authorized elsewhere in this policy.
Definition of Terms: For the purposes of this section, the following terms have been defined
as follows:
Affiliate refers to associated business entities or individuals that control or could control the
contractor or are controlled by the contractor or could be controlled by the contractor.
Civil Judgment refers to a judgment or finding of a civil offense by any court of competent
jurisdiction.
Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or
reasonably may be expected to submit offers for or be awarded, a County
contract for construction of for procurement of commodities and services,
including professional services; or
b. Conducts business, or reasonably may be expected to conduct business, with the
County as an agent, surety, representative or subcontractor of another contractor.
For the purposes of this section, the terms "vendor" and "consultant" shall have the same
meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term
"subcontractor".
Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by
any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of no 10 contendere.
Debarment means action taken by the County to exclude a contractor from County
contracting and County-approved subcontracting for a reasonable, specified period as provided
herein.
Preponderance of the Evidence means proof by information that, compared with that
opposing it, leads to the conclusion that the fact at issue is more probably true than not.
Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or
services to a party deemed to be a contractor under this section.
Suspension refers to action taken by the Purchasing/General Services Director (hereinafter
referred to as "the PGS Director? to temporarily disqualify a contractor from County contracting
or County-approved subcontracting.
Suspension: The Purchasing/General Services Director shall have the authority to suspend
a contractor, subcontractor or person from consideration for award of contracts if there appears to
be a reasonable basis for debarment as set forth under Section XXXIX If a suspension precedes
a debarment, the suspension period shall be considered in determining the debarment period.
The suspension period shall not exceed three months without the approval of the County
Manager. A decision to suspend by the Purchasing/General Services Director shall be
considered final and conclusive with no right of appeal.
Debarment:
Causes for Debarment: The prospective causes for debarment include one or more of the
following:
a. Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of
such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously and
directly affects responsibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the submission of
bids, proposals or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious
and to warrant debarment, including the failure, without good cause, to perform in
accordance with the terms, conditions, specifications, scope, schedule or any other
provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverages and certifications
thereof within a reasonable time period.
f Refusal to accept a purchase order, agreement or contract, or perform accordingly
provided such order was issued timely and in conformance with the solicitation and offer
received.
g. Presence of principals or corporate officers in the business of concern, who were
principals within another business at the time when the other business was suspended or
debarred within the last three years under the provisions of this section.
h. Violation of the ethical standards set forth under applicable state or county laws.
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially affect
the qualifications or integrity of the contractor.
Debarment Procedure:
a. The county department requesting the debarment action shall submit to the PGS
Director a written complaint setting forth the reason(s) for seeking debarment and shall
identify a recommended debarment period.
b. The PGS Director shall review the complaint, verify whether it is compliant with
the provision of this policy, direct any appropriate changes and forward the complaint to
the contractor.
c. The contractor shall review the complaint and shall provide a written response
(with supporting documentation) to each allegation. The response shall be provided to
the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In
the event that the contractor fails to respond to the complaint within the prescribed time
period, the complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment or other
event(s) where there is no significant dispute over material facts, the PGS Director shall
determine the period of debarment on the basis of the undisputed material information
set forth or referenced in the complaint, the contractor's reply and the parameters set
forth in this section. In the event that the Contractor objects to the PGS Director's
decision, the Contractor shall have a maximum of three business days to file an appeal of
the debarment decision with the PGS Director. The appeal will be forwarded to and
considered by the County Manager (or his designee), who will review the debarment
record compiled by the initiating department and the contractor. Should the County
Manager overturn the PGS Director's decision; the County Manager shall formally cite the
reasons for doing so.
e. In the event that the contractor files a timely and complete reply to the complaint
and where the facts are in dispute, the Purchasing Department will convene a debarment
committee (hereinafter referred to as "the committee'? consisting of at least three
individuals who will review the complaint and the contractor's reply. The County Manager
or his designee shall formally appoint the committee, which will generally consist of
county employees, none of whom shall be a member of the department initiating the
complaint. At the discretion of the County Manager, a member from private industry with
a particular area of relevant expertise may be appointed to the committee, provided that
this member is not a direct or indirect competitor of the firm in question. The Office of the
County Attorney shall appoint a representative to attend the hearing. The representative
shall not be considered a voting member of the committee, but shall be available to
provide legal counsel to the committee as necessary. All members appointed to serve on
the debarment committee shall disclose, to the PGS Director, or his designee, any actual
or prospective conflicts of interest at the time of appointment or at the time in which the
member becomes aware of the actual or prospective conflict.
f The PGS Director, or his designee, shall chair the committee and serve as the
Purchasing Department's representative to the committee. The Purchasing
representative shall preside over and facilitate the deliberations of the committee as a
non-voting member and serve as the County's liaison to the Contractor in the debarment
process. All voting committee members are prohibited from having any communication
regarding the debarment issue outside the committee deliberations with any of the parties
involved in the specific debarment or their representatives until after the committee
decision has been issued or, in the event of an appeal of that decision by the Contractor,
until the conclusion of the appeal process. All committee deliberations are subject to
Section 286.011 F.S.
g. Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the debarment
hearing, the contractor shall be presumed to be unqualified and or non-responsive and
shall be subject to debarment. The committee decision shall be by a majority vote of
those voting members in attendance. The committee shall be the sole trier of fact. In the
event that the committee decides to impose debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days of the
conclusion of the hearing unless the committee extends this period for good cause.
h. The PGS Director shall forward the committee's decision to the contractor and
affiliates involved. Should the contractor object to the committee's decision, the
contraqtor shall have a maximum of three business days to file an appeal of the
debarment decision with the PGS Director. The appeal will be forwarded to and
considered by the County Manager (or his designee), who will review the debarment
record compiled by the initiating department, the contractor and the committee. Should
the County Manager overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
Debarment Period:
a. At its sole discretion, the committee shall determine the period of debarment. The
debarment period shall be commensurate with the severity of the 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.
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.
EXHIBIT uP"
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
8. Disadvantaged Business Enterprises (DBE)
(Florida Department of Transportation Guidelines)
General: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise
(DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and
resubmit the plan every three years. No Contract will be awarded until the Department (FDOT)
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.
Required Contract and Subcontract DBE Assurance Language: Per 49 CFR 26.13 (b) each
Contract FDOT signs with a Contractor (and each subcontract the prime contractor signs with a
subcontractor) must included the following assurance: "The Contractor, sub-recipient or
subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to
carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy as the recipient deems appropriate."
Plan Requirements: Include the following in the DBE Affirmative Action Program Plan:
(a) A policy statement, 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 responsibility, 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 so that DBEs are provided an equitable opportunity to participate
in Contracts let by the Department.
Use techniques to facilitate DBE participation in contracting activities which include, but
are not limited to:
1. Soliciting price quotations and arranging a time for the review of plans, quantities,
specifications, and delivery schedules, and for the preparation and presentation
of quotations.
2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain
bonding, financing, or technical assistance.
3. Carrying out information and communication programs or workshops on contracting
procedures and specific contracting opportunities in a timely manner, with such
programs being bilingual where appropriate.
4. Encouraging eligible DBEs to apply for certification with the FDOT.
5. Contacting Minority Contractor Associations and city and county agencies with
programs for disadvantaged individuals for assistance in recruiting and
encouraging eligible DBE contractors to apply for certification with the FDOT.
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 FDOT's Website, actual payments, (including retainage) made to DBEs for work
performed with their own workforce and equipment in the area in which they are certified. Report
payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and
MBE construction material and major suppliers. The Equal Opportunity Office will provide
instruction 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 FDOT projects awarded to DBEs;
(c) the dollar value of the Contracts awarded to DBEs;
(d) the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a
percentage of the total Contract amount;
(e) a description of the general categories of Contracts awarded to DBEs; and
(f) the specific efforts employed to identify and award Contracts to DBEs.
Upon request, provide the records to the FDOT for review. All such records are required to be
maintained for a period of five years following acceptance of final payment and have them
available for inspection by the FDOT and the Federal Highway Administration.
Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55
specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only
be awarded for work actually performed by DBEs themselves for the types of work for which they
are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE
is expected to earn for work they perform with their own workforce and equipment. Submit a
revised Anticipated DBE Participation State to reflect changes to the initial Anticipated DBE
Participation Statement within 14 business days from the date of the change.
When a DBE participates in a contract, the value of the work is determined in accordance with 49
CFR Part 26.55, for example:
(a) The Department will count only the value of the work performed by the DBE toward
DBE goals. The entire amount of the contract that is performed by the DBE's own
forces (including the cost of supplies, equipment and materials obtained by the DBE
for the contract work) will be counted ad DBE credit.
(b) The Department will count the entire amount of fees or commissions changed by the
DBE firm for providing bona fide service, such as professional, technical, consultant,
or managerial services or for providing bonds or insurance specifically required for
the performance of a Department-assisted contract, toward DBE goals, provided that
the Department determines the fees to be reasonable and not excessive as
compared with fees customarily followed for similar services.
(c) When the DBE subcontracts part of the work of its contract to another firm, the
Department will count the value of the subcontracted work only if the DBE's
subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does
not count toward DBE goals.
(d) When a DBE performs as a participant in a joint venture, the Department will count
the portion of the dollar value of the contract equal to the distinct, clearly defined
portion of the work the DBE performs with its own forces toward DBE goals.
(e) The Contractors shall ensure that only expenditures to DBEs that perform a
commercially useful function in the work of a contract may be counted toward the
voluntary DBE goal.
(f) A DBE performs a commercially useful function when it is responsible for execution
of the work of the contract and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved. To perform a
commercially useful function, the DBE must also be responsible, with respect to
materials and supplies used on the contract, for negotiating price, determining quality
and quantity, ordering the material, and installing (where applicable) and paying for
the material itself.
(g) To determine whether a DBE is performing a commercially useful function, the
Department will evaluate the amount of work subcontracted, industry practices,
whether the amount the firm is to be paid under the contract is commensurate with
the work it is actually performing and the DBE credit claimed for its performance of
the work and other relevant factors.
(h) A DBE does not perform a commercially useful function if its role is limited to that of
an extra participant in a transaction, contract, or project through which funds are
passed in order to obtain the appearance of DBE participation.
(i) If a DBE does not perform or exercise responsibility for at least 30 percent of the total
cost of its contract with its own workforce, or if. the DBE subcontracts a greater
portion of the work of a contract than would be expected on the basis of normal
industry practice for the type of work involved, the DBE has not performed a
commercially useful function.
9. On-The Job Training Requirements
As part of the Contractor's equal employment opportunity affirmative action program, training
shall be provided as follows:
The Contractor shall provide on-the-job training aimed at developing full journeymen in
the type(s) of trade or job classification(s) involved in the work. In the event the Contractor
subcontracts a portion of the contract work, he/she shall determine how many, if any, of the
trainees are to be trained by the subcontractor provided, that the Contractor shall retain the
primary responsibility for meeting the training requirements imposed by this Section. The
Contractor shall apply the requirements of this Section to such subcontract. Where feasible, 25%
of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training.
The number of trainees will be estimated on the number of calendar days of the contract,
the dollar value, and the scope of work to be performed. The trainee goal will be finalized at the
Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work
classifications based on the following criteria:
(1) Determine the number of trainees on Federal Aid Contract:
(a) No trainees will be required for contracts with a contract time allowance
of less than 225 calendar days.
(b) If the contract time allowance is 225 calendar days or more, the number
of trainees shall be established in accordance with the following chart:
Estimated Contract Amount Trainees Reauired
Under $1 ,000,000 0
Over $1 ,000,000 to $4,000,000 2
Over $4000,000 to $6,000,000 3
Over $6,000,000 to $12,000,000 5
Over $12,000,000 to $18,000,000 7
Over $18,000,000 to $24,000,000 9
Over $24,000,000 to $31,000,000 12
Over $31,000,000 to $37,000,000 13
Over $37,000,000 to $43,000,000 14
Over $43,000,000 to $49,000,000 15
Over $49,000,000 to $55,000,000 16
Over $55,000,000 to $62,000,000 17
Over $62,000,000 to $68,000,000 18
Over $68,000,000 to $74,000,000 19
Over $74,000,000 to $81,000,000 20
Over $81 ,000,000 to $87,000,000 21
Over $87,000,000 to $93,000,000 22
Over $93,000,000 to $99,000,000 23
Over $99,000,000 to $105,000,000 24
Over $105,000,000 to $112,000,000 25
Over $112,000,000 to $118,000,000 26
Over $118,000,000 to $124,000,000 27
Over $124,000,000 to $130,000,000 28
Over $130,000,000*
*One additional trainee per $6,000,000 of estimated Construction
Contract amount over $130,000,000
Further, if the Contractor or subcontractor requests to utilize banked trainees as
discussed later in this Section, a Banking Certificate will be validated at this meeting allowing
credit to the Contractor for previously banked trainees. Banked credits of prime Contractors
working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the
Construction Project Engineer and the Department's District Contract Compliance Manager will
attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting,
the Contractor shall submit to the Department for approval an On-The Job Training Schedule
indicating the number of trainees to be trained in each selected classification and the portion of
the contract time during which training of each trainee is to take place. This schedule may be
subject to change if the following occur:
1. When a start date on the approved On-The-Job Training Schedule has been
missed by 14 or more days;
2. When there is a change(s) in previously approved classifications;
3. When replacement trainees are added due to voluntary or involuntary
termination
The revised schedule will be resubmitted to and approved by the Department's District
Contract Compliance Manager.
The following criteria will be used in determining whether or not the Contractor has
complied with this Section as it relates to the number of trainees to be trained:
1. Full credit will be allowed for each trainee that is both enrolled and
satisfactorily completes training on this Contract. Credit for trainees, over the
established number for this Contract, will be carried in a "bank" for the
Contractor and credit will be allowed for those surplus trainees in
subsequent, applicable projects. A "banked" trainee" is described as an
employee who has been trained on a project, over and above the established
goal and for which the Contractor desires to preserve credit for utilization on
a subsequent project.
2. Full credit will be allowed for each trainee that has been previously enrolled
in the Department's approved training program on another contract and
continues training in the same job classification for significant period and
completes his/her training on this Contract.
3. Full credit will be allowed for each trainee who, due to the amount of work
available in his/her classification, is given the greatest practical amount of
training on the contract regardless of whether or not the trainee completes
training.
4. Full credit will be allowed for any training position indicated in the approved
On-The-Job Training Schedule, if the Contractor can demonstrate that
he/she has made his/her a good faith effort to provide training in that
classification.
5. No credit will be allowed for trainee whose employment by the Contractor is
involuntarily terminated unless the Contractor can clearly demonstrate good
cause for this action.
The Contractor shall, as far as is practical, comply with the time frames established in the
approved On-The-Job Training Schedule. When this proves to be impractical, a revised schedule
shall be submitted and approved as provided above.
Training and upgrading of minorities, women and economically disadvantaged persons
toward joumeyman status is a primary objective of this Section. Accordingly, the contractor shall
make every effort to enroll minority trainees and women (e.g., by conducting systematic and
direct recruitment through public and private sources likely to yield minority and women trainees)
to the extent such persons are available within a reasonable area of recruitment. If a non-
minority male is enrolled into On-The-Job Training, the On-The-Job Training Notification of
Personnel Action Form notifying the District Contract Compliance Manager of such action shall be
accompanied by a disadvantaged certification or justification for such action acceptable to the
Department's District Contract Compliance Manager. The Contractor will be given an opportunity
and will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior
to a determination as to whether the Contractor is in compliance with this Section. This training is
not intended and shall not be used, to discriminate against any applicant for training, whether a
minority, woman or disadvantaged person.
No employee shall be employed as a trainee in any classification in which he/she has
successfully completed a training course leading to journeyman status, has been employed as a
journeyman, or had had extensive experience in the classification being considered for training.
The Contractor shall satisfy this requirement by including appropriate questions in the employee
application or by other suitable means. Regardless of the method used, the Contractor's records
should document the findings in each case.
The minimum length and type of training for each classification will be established at the
Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation
to journeyman status will be based upon satisfactory completion of Proficiency Demonstration set
up at the completion of training and established for the specific training classification, completion
of the minimum hours in a training classification range, and the employer's satisfaction that the
trainee does meet journeyman status in the classification of training. Upon reaching journeyman
status, the following documentation must be forwarded to the District Contract Compliance Office:
Trainee Enrollment and Personnel Action form
Proficiency Demonstration Verification Form indicating completion of each standard
established for the classification signed by representatives of both the contractor and the
Department; and,
A letter stating that the trainee has sufficiently progressed in the craft and is being
promoted to journeyman status.
The Department and the Contractor shall establish a program that is tied to the scope of
the work in the project and the length of operations providing it is reasonably calculated to meet
the equal employment opportunity obligations of the contractor and to qualify the average trainee
for journeyman status in the classifications concerned, by at least, the minimum hours prescribed
for a training classification. Furthermore, apprenticeship programs registered with the U.S.
Department of Labor, Bureau of Apprenticeship and Training or with a State Apprenticeship and
Training shall also be considered acceptable provided it is being administered in a manner
consistent with the equal employment obligations of Federal Aid highway construction contract.
Approval or acceptance of training schedule shall be obtained from the Department prior to
commencing work on the classifications covered by the program.
A voluntary On-The-Job Training Program is available to a Contractor which has been
awarded 'a state funded project. Through this program, the Contractor will have the option to train
employees on state funded projects for "banked credit" as discussed previously in this provision,
to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors
availing themselves of this opportunity to train personnel on state funded projects and bank
trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid
Projects; voluntary banking may be denied by the Department if staff is not available to monitor
compliance with the training criteria.
It is the intention of these provisions that training is to be provided in the construction
crafts rather than clerk-typists or secretarial type positions. Training is permissible in positions
such as office engineers, estimators, etc., where the training is oriented toward construction
applications. Training in the laborer classification may be permitted provided that significant and
meaningful training is provided and approved by the District Contract Compliance Office. Some
offsite training is permissible as long as the training is an integral part of an approved training
program and does not compromise a significant part of the overall training.
When approved in advance by the District Contract Compliance Manager, credit will be
given for training of persons in excess of the number specified herein under the current contract
or a Contractor will be allowed to bank trainees who have successfully completed a training
program and may apply those trainees to a training requirement in subsequent project(s) upon
approval of the Department's District Contract Compliance Manager. This credit will be given
even though the contractor may receive training program funds from other sources, provided
such other source do not specifically prohibit the Contractor from receiving other form of
compensation. Credit for offsite training indicated above may only be made to the Contractor
where he does one or more of the following and the trainees are concurrently employed on a
Federal Aid Project; contributes to the cost of the training, provides the instruction to the trainee
and pays the trainee's wages during the offsite training period.
No credit shall be given to the Contractor if either the failure to provide the required
training, or the failure to hire the trainee as a journeyman for a period ample enough to allow the
employee time to gain experience in the training classification or failure to continue training the
employee time to gain experience in the training classifications is caused by the Contractor and
evidences a lack of good faith on the part of the Contractor in meeting the requirements of this
Section.
The Contractor shall compensate the trainee at no less than the laborer rate established
in the Contract at the onset of training. This compensation rate will be increased to the
journeyman's wage for that classification upon graduation from the training program.
The Contractor shall furnish the trainee a copy of the program he will follow in providing
the training. The Contractor shall provide each trainee with a certification showing the type and
length of training satisfactorily completed. The Contractor shall enroll a trainee in one training
classification at a time to completion before the trainee can be enrolled in another classification
on the same project.
The Contractor shall maintain records to document the actual hours each trainee is
engaged in training on work being performed as a part of this Contract.
The Contractor shall submit to the District contract Compliance Manager a copy of an
On-The-Job Training Notification of Personnel Action form no later than seven days after the
effective date of the action when the following occurs: a trainee is transferred on the project,
transferred from the project to continue training on another contract, completes training, is
upgraded to journeyman status or voluntary terminates or is involuntary terminated from the
project.
The Contractor shall furnish to the District Contract Compliance Manager a copy of a
Monthly Time Report for each trainee. The Monthly Time Report for each month shall be
submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall
indicate the phases and sub-phases of the number of hours devoted to each.
Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, Timekeeper,
trainees will not be approved for the On-The-Job Training Program.
Painters, Electricians and Mechanics are identified as crafts under-utilized by minorities.
All training classifications except Laborers are identified as under-utilized by females.
Priority selection should also include those crafts under-utilized and/or void of minorities
and/or female by the particular company's workforce.
If the Contractor does not select a training classification that has been targeted as an
under-utilized craft, and those classifications can be used for the selection of training for this
project, the On-The-Job Training Schedule will not be approved unless written justification for
exceptions is attached.
10. Equal Employment Opportunity
(Florida Department of Transportation Guidelines and US Department of Labor Employment
Standards)
Equa/ 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:
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:
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 intlude 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,
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 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, 2002 67 FR 77141, e CFR, 2002 Comp.,
p.77141-77144]
Part C-Powers and Duties of the Secretary of Labor and the Contracting Agencies
Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all
Government contractors and subcontractors with this Order and any implementing rules or
regulations. All contracting agencies shall comply with the terms of this Order and any
implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall
cooperate with the Secretary of Labor and shall furnish such information and assistance as the
Secretary may require.
[Sec 205- amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230]
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.
(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 Govemment 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]
See 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive
branch of the Government designated by rule, regulation. Or order of the Secretary, may hold
such hearings, public or private, as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with
subsection of this Section prior to imposing, ordering, or recommending the imposition of
penalties and sanctions under this Order. No order for debarment of any contractor from further
Government contacts under Section 209(6) shall be made without affording the contractor an
opportunity for a hearing.
Subpart D-Sanctions and Penalties
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.
(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.
[See 209 amended by EO 12086 of October 5, 1978, 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.
[See 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.
[See 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.
[See 212 amended by EO 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 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 11I- 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.
See 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,
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.
For any machinery or special equipment (other than small tools), including fuel and lubricant,
the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such
equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the
equipment is directed to standby and remain on the project site, to be calculated as indicated
below. The equipment rates will be based on the latest edition (as of the date the work to be
performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate
Blue Book for Older Construction Equipment," whichever is applicable, as published by
Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid),
using all instructions and adjustments contained therein and as modified below. On all projects,
the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables
according to the instructions in the Blue Book.
Allowable Equipment Rates will be established as set out below:
(1) Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x
100%.
(2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.
(3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable
Hourly Operating Cost.
(4) Standby Rate = Allowable Hourly Equipment Rate x 50%.
The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will
apply when equipment is not in operation and is directed by the Engineer to standby at the project
site when needed again to complete work and the cost of moving the equipment will exceed the
accumulated standby cost. Standby rates will not apply on any day the equipment operates for
eight or more hours. Standby payment will be limited to only that number of hours which, when
added to the operating time for that day equals eight hours. Standby payment will not be made on
days that are not normally considered work days on the project.
The Owner will allow for the cost of transporting the equipment to and from the location at
which it will be used. If the equipment requires assembly or disassembly for transport, the Owner
will pay for the time to perform this work at the rate for standby equipment.
Equipment may include vehicles utilized only by Labor, as defined above.
12. Foreign Contractor and Supplier Restriction
(Florida Department of Transportation Guidelines and US Department of Labor
Emplovment Standards)
For Federal-aid Contracts, only use steel and iron produced in the United States, in
accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all
manufacturing process for this material occur in the United States. As used in this specification, a
manufacturing process is any process that modifies the chemical content, physical shape or size,
or final finish of a product, beginning with the initial melding and mixing and continuing through
the bending an coating stages. A manufactured steel or iron product is complete only when all
grinding, drilling, welding, finishing and coating have been completed. If a domestic product is
taken outside the United States for any process, it becomes foreign source material. When using
steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, 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. IncentivelDisincentive Clauses (Project Specific)
Provision excluded from this contract.
14. Indian Preference On Federal-aid Projects (Labor & Employment)
Provision excluded from this contract.
15. FHW A Form 1273
(Florida Department of Transportation Policv)
Required Contract Provisions Federal-Aid Construction Contracts
REQUIREMENTS FOR FEDERAL JOBS - COMPLIANCE WITH FHWA 1273
The FHWA-1273 Electronic version, dated March 10, 1994 is posted on the Department
of Transportation's website at the following URL address
www.dot.state.fl.us/specificatio nsoffice/I m p lemented/U RUn S pecs/files/df1273. pdf .
Take responsibility to obtain this information and comply with all requirements posted on
this website through five calendar days before the opening of bids. Comply with the
provisions contained in FHWA-1273 and certify monthly compliance with the EEO
provisions of FHWA-1273 (Section II. Nondiscrimination and Section III. Non-segregated
Facilities). In addition to the requirements of FHWA-1273, Section V, No. 2(b), include
gender and race in the weekly annotated payroll records. Federal Regulations (29 CFR
3.5) states that Social Security numbers and address of employees shall not be included
on submitted payrolls for contracts let after January 18, 2009. In lieu of Social Security
number, an employee identifying number must be listed. The employer may use the last
four digits of the Social Security number or another assigned number as the employee
identifying number.
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
Page
General ..................................... 1
Nondiscrimination ............................. 1
Nonsegregated Facilities .. . . . . . . . . . . . . . . . . . . . . .. 3
Payment of Predetermined Minimum Wage ......... 3
Statements and Payrolls ........................ 5
Record of Materials. Supplies, and labor ........... 5
Subletting o~ Assigning th.e Contract . . . . . . . . . . . . . .. 5
Safety: Accident Prevention ..................... 6
False Statements Concerning Highway Projects. . . . .. 6
Implementation of Clean Air Act and Federal
Water Pollution Control Act ........ . . . . . . . . . . . . .. 6
Certification Regarding Debarment, Suspension,
Inel~ibillty, and Voluntary Exclusion ............... 6
Certification Regarding Use of Contract Funds for
lobbying .................................... 8
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superinten-
dence 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
tum 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 lier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract Such disputes shall be resolved In accordance with the
procedures of the U. S. Department of labor (DOL) as set forth in 29
CFR 5, 6, and 7. Disputes within the meaning oflhis 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 (exceplfor 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
Form FHWA-1273 (Rev. 3-94)
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (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 Opportu-
nity 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 ~ ~.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporated by reference in this contract. In the execution ofthis
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Govemment in carrying out EEO obligations
and in their review of his/her activities under the contract.
b. 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 apprentice-
ship, 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 Polley: All members ofthe contractor's staff
who are authorized to hire, supervise, promote, and discharge
employees, orwho recommend such action, orwho are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual responsibili-
ties to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less otten than once every six months, at which time the contractor's
EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractor's EEO policy and the procedures to Imple-
ment such polley 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
Page 1
in publications having a I~rge circulation among minority group~ in the
area from which the project work force would normally be denved.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and dir~ct recru!tment t~rough pub!ic
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 consider-
ation.
b. 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.)
c. The contractor will encourage his present employees to refer
minority group applicants for employment. Information and proce-
dures 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:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractorwill periodically evaluate the spread of wages
paid within each classification to determine any evidence of discrimi-
natory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of discrimina-
tion. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination may
extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such com-
plaints, and will take appropriate corrective action within a reasonable
lime. 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:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for th.e 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.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. 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 promo-
tion.
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
Page 2
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:
a. The contractor will use best efforts to develop, in coopera-
tion 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.
b. 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.
c. The contractor is to obtain Information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession ofthe labor union
and such labor union refuses to fumish 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.
d. 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 barQaining agreement providing for exclusive referral
failed to refer minority employees.) In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special
provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origin, age or disability
in the selection and retention of subcontractors, including procure-
ment of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. 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.
c. The contractor will use his best efforts to ensure subcontrac-
tor 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.
a. 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 pro~ress and efforts being made in cooperation
with unions, when applicable, to increase employment opportunities
for minorities and women;
(3) The progress and efforis 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.
b. The contractors will submit an annual report to the SHA
Form FHWA-1273 (Rev. 3-94)
each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
en$laged 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 construc-
tion contractor, subcontractor, material supplier, or vendor, as
appropriate, certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are
maintained. The firm agrees that a breach of this certification is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee will be denied access to adequate facilities
on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, tlmeclocks, 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.)
1. General:
a. All mechanics and laborers employed orworking 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 ofwsges 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 subcon-
tractors 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
appropnate 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.
Form FHWA-1273 (Rev. 3-94)
b. laborers or mechanics performing work in more than one
ciassification 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.
c. 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.
2. Classification:
a. 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.
b. The contracting officershall approve an additional classifica-
tion, wage rate and fringe benefits only when the following criteria
have been met:
(1) the work to be performed by the additional classifica-
tion requested is not performed by a dassification 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.
c. 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 dassification 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 contract-
ing officer within the 3D-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropri-
ate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed dassification 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 determina-
tion 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
e. 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.
3. Payment of Fringe Benefits:
a. Wheneverthe 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.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided. that the Secretary
of labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The
Secretary of labor may require the contractor to set aside In a
separate account assets for the meeting of obligations under the plan
or program. .
Page 3
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. 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 regi~tered 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 employ-
ment as an apprentice in such an apprenticeship program, wh.o 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 employ-
ment 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 othelWise
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, with-
draws 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.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the DOL, Employment and Training
Administration.
(2) The ratio of trainees to journeyman-level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for hisJher 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 frin\:le benefits,
trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour
Page 4
Division determines that there is an apprenticeship program associ-
ated 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 Administra-
tion withdraws arproval of a training program, the contractor or
subcontractor wil no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. 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 determina-
tion for the classification of work actually performed.
5. 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 prog rams will be established
by the particular rrograms. The ratio of apprentices and trainees to
joumeymen shal not be greater than permitted by the terms of the
particular program..
6. 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 subcontrac-
tor 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.
7. 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-halftimes his/her basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
8. 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 orto 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 permit-
ted 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.
9. Withholding for Unpaid Wages and Liquidated Damages:
Form FHWA-1273 (Rev. 3-94)
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 perfonned 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 detennined 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.)
1. 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.
2. Payrolls and Payroll Records:
a. 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.
b. 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 contribu-
tions or costs anticipated for bona fide frin~e 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 Appala-
chian contracts, the payroll records shall contain a notation indicating
whether the employee does, or does not, nonnally 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.
c. Each contractor and subcontractor shall furnish, each week
in which any contract work is perfonned, to the SHA resident
engineer a payroll of wages paid each of its employees (Including
apprentices. trainees, and helpers, described in Section IV, para-
graphs 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 fonn desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superin-
tendent 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.
d. Each payroll submitted shall be accompanied by a "State-
ment 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
infonnation required to be maintained under paragraph 2b of this
Section V and that such infonnation 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
Fonn FHWA-1273 (Rev. 3-94)
either directly or indirectly from the full wages earned, other than
pennissible 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 perfonned, as specified In the
applicable wage detennination incorporated into the contract.
e. The weekly submission of a property executed certification
set forth on the reverse side of Optional Fonn WH-347 shall satisfy
the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. 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.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall pennit such representatives
to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available, the SHA, the FHWA, the DOL, or all may. after
written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthennore,
failure to submit the required records upon request or to make such
records available may be grounds for debannent action pursuant to
29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. 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:
a. Become familiar with the list of specific materials and
supplies contained in Fonn 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.
b. 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 Fonn
FHWA-47, and in the units shown on Fonn FHWA-47.
c. Fumish, upon the completion of the contract, to the SHA
resident engineer on Fonn 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.
2. 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
1. The contractor shall perfonn 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 perfonned by subcontract and the amount of
any such specialty items perfonned may be deducted from the total
original contract price before computing the amount of work required
to be perfonned by the contractor's own organization (23 CFR 635).
a. "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 tenn does not include employees or equipment of
Page 5
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section 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.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract require-
ments, 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.
4. 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 !liven
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
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws goveming 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.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous or danger-
ous to his/her health or safety, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that
the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in confor-
mity with approved plans and specifications and a high dewee 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 state-
ment, false representation, or false report as to the character, quality,
Page 6
quantity, or cost of the material used or to be used, or the quantity or
quality of the work petformed or to be petformed, 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 representa-
tion, false report or false claim with respect to the character, quality,
quantity, or cost of any work petformed or to be performed, or
materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transportation; or
Whoever knowingly makes any false statement orfalse representa-
tion as to material fact in any statement, certificate, or report
submitted pursuant to provisions of the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supple-
mented;
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:
1. 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 ~~., as amended by Pub.L. 9t-604),
and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 m~., as amended byPub.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.
2. 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 aU regulations and
guidelines listed thereunder.
3. 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.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signinll and submitting this proposal, the prospective
primary participant IS providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective 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.
c. 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 deter-
mined 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
Form FHWA-1273 (Rev. 3-94)
transaction for cause of default.
d. 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.
e. 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 ofthose
regulations.
f. 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 transac-
tion with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifica-
tion 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 solicita-
tions for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the nonprocurement
portion of the "Lists of Parties Excluded From Federal Procurement
or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General SelVices Administration.
i. 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.
j. Except for transactions authorized under paragraph f of
these Instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to othe"r remedies available
to the Federal Govemment, the department or agency may terminate
this transaction for cause or default.
Form FHWA-1273 (Rev. 3-94)
Certification Regarding Debannent, Suspension, Inell~lbillty
and Voluntary Exclusion-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared Ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, allemptin!jl to obtain, or performing a public (Federal, State or
local) transactIon or contract under a pUQlic 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 applica-
tion/proposal had one or more public transactions (Federal, State or
local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any ofthe statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the depart-
ment, or agency with which this transaction originated may pursue
available remedies, including suspension andlor debarment.
c. The prospective lower tier participant shall provide immedi-
ate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "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.
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter Into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered'
transaction, unless authorized by the department or agency with
which this transaction originated. .
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled "Certifica-
tion 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.
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
Page 7
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement
List.
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 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:
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or volun-
tarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Page 8
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)
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the
awardin~ of any Federal contract, the makin9 of any Federal grant,
the making of any Federailoan, the entering Into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement..
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying," in
accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such
failure.
3. The prospective participant also agrees by submitting 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.
Form FHWA-1273 (Rev. 3-94)
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor under-
taking to do work which is, or reasonably may be, done as on-site
work, shall give preference to qualifjed persons who regularly reside
in the labor area as designated by the DOL wherein the contract work
is situated, or the subregion, orthe Appalachian counties of the State
wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to assure
an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident persons
employed under this subparagraph 1 c shall not exceed 20 percent of
the total number of employees employed by the contractor on the
contract work, except as provided In subparagraph 4 below.
2. The contractor shall place a job order with the State Employ-
ment 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,
Form FHWA-1273 (Rev. 3-94)
(c) the date on which he estimates such employees will be required,
and (d) any other pertinent information required by the State Employ-
ment Service to complete the job order form. The job order may be
placed with the Slate 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.
3. The contractor shall give full consideration to all qualified job
applicants referred to him by the State Employment Service. The
contractor Is not required to grant employment to any job applicants
who, in his opinion, are not qualified to perform the classification of
work required.
4. If, within 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 contrac-
tor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the
unavailability of applicants. Such certificate shall be made a part of
the contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not normally
reside in the labor area to fill positions covered by the certificate,
notwithstanding the provisions of subparagraph 1 c above.
5. The contractor shall include the provisions of Sections 1
through 4 ofthis Attachment A in every subcontract for work which is,
or reasonably may be, done as on-site work.
Page 9
16. Liquidated Damages
See Construction Agreement, Section 58.
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 Policy)
"The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence either directly or in-
directly an officer or employees of any state or federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal Contract, the making of any Federal grant, the making of
any Federal loan, the entering into any cooperative agreement, and the extension,
continuation, renewals, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, and officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-L "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into the transaction imposed by section 1352, title 31, US
Code. Any person(s) who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each failure."
19. Award and Execution of Contract (Method of Construction or Method
of Bidding).
See Section 12, Part B. Instruction to Bidders, 12.2
See attached contract section pages GC~18.
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
The Owner certifies that neither patented or proprietary materials are equired or
specifically named in the specifications to be used for this project.
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) FL310, as modified up through ten days prior to the opening of bids.
Obtain the applicable General Decision(s) (Wage Tables) through the United States
Department of Labor 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. Request additional classifications through the
Engineer's office when needed.
General Decision Number: FL 100310 03/12/2010 FL310
Superseded General Decision Number: FL20080310
State: Florida
Construction Type: Highway
County: Collier County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number
o
Publication Date
03/12/2010
ELEC0349-00808/31/2009
Rates Fringes
ELECTRiCiAN...................... .......................................................................$ 25.05 7.56
SUFL2009-207 08/05/2009
Rates Fringes
CARPENTER...............................................................................................$ 15.30 2.54
CEMENT MASON/CONCRETE FINISHER... .............................................$ 12.30 0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine)..... ..................................................................$ 11.97 2.23
HIGHWAY/PARKING LOT STRIPING:
Painter. .................. ...... ........ ........ .......... ............ ........... ......... ............ .........$ 13.31 0.00
IRONWORKER, REINFORCiNG.......... ......................................................$ 14.50 1.37
IRONWORKER, STRUCTURAL........... ......................................................$ 16.75 3.88
LABORER: Asphalt Shoveler....... ..............................................................$ 10.70 0.00
LABORER: Common or General..... ...........................................................$ 10.19 1.55
LABORER: Flagger................ ....................................................................$ 12.75 0.00
LABORER: Grade Checker.......... ..............................................................$ 10.50 0.55
LABORER: Landscape and Irrigation.........................................................$ 8.77 0.00
LABORER: Luteman................ ..................................................................$ 10.32 0.00
LABORER: Mason Tender - CemenUConcrete.................. .......................$ 12.00 1.80
LABORER: Pipelayer.............. ...................................................................$ 11.63 2.65
LABORER: Power Tool Operator (Hand Held Drills/Saws,
Jackhammer and Power Saws........ ............................................................$ 11.23 1.96
OPERATOR: Asphalt Paver......... ..............................................................$ 11.52 0.00
OPERATOR: Asphalt Plant......... ...............................................................$ 12.20 0.00
OPERATOR: Asphalt Spreader..................................................................$ 10.76 0.00
OPERATOR: Auger................. ...................................................................$ 19.40 0.44
OPERATOR: Backhoe Loader Combo............................ ........................$ 15.33 0.97
OPERATOR: Backhoe/Excavator..... .........................................................$ 15.50 2.28
OPERATOR: Boom.................. ..................................................................$ 16.61 0.00
OPERATOR: Bulldozer............. .................................................................$ 13.71 1.55
OPERATOR: Crane....................................................................................$ 19.94 1.37
OPERATOR: Distributor........... ..................................................................$ 11.47 0.00
OPERATOR: Drill................. ......................................................................$ 13.00 1.59
OPERATOR: Grader/Blade.......... ..............................................................$ 14.32 0.00
OPERATOR: Loader................ ..................................................................$ 12.83 1.29
OPERATOR: Mechanic.............. ................................................................$ 16.31 1.37
OPERATOR: Milling Machine.....................................................................$ 11.92 0.00
OPERATOR: Oiler................. .....................................................................$ 11.92 1.91
OPERATOR: Paver................. ...................................................................$ 12.42 0.86
OPERATOR: Piledriver............ ..................................................................$ 15.59 4.00
OPERATOR: Roller................ ....................................................................$ 11.14 0.00
OPERATOR: Scraper............... ..................................................................$ 10.70 1.60
OPERATOR: Screed................ ..................................................................$ 10.82 0.00
OPERATOR: Tractor............... ...................................................................$ 12.78 0.00
OPERATOR: Trencher.............. .................................................................$ 13.41 0.49
PAINTER: Spray and Steel......... ................................................................$ 16.62 0.00
TRUCK DRIVER: 10 Yard Haul Away Truck....................... ......................$ 12.50 0.00
TRUCK DRIVER: Distributor....... ...............................................................$ 11.30 2.26
TRUCK DRIVER: Dump Truck........ ...........................................................$ 10.05 0.00
TRUCK DRIVER: Lowboy Truck...... ..........................................................$ 14.05 0.00
TRUCK DRIVER: Material Truck................................................................$ 12.76 9.80
TRUCK DRIVER: Tractor Haul Truck.........................................................$ 10.64 0.00
TRUCK DRIVER: Water Truck....... ............................................................$ 10.50 0.00
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 (29 CFR 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
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.
END OF GENERAL DECISION
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. Salvage Credits
Provision excluded from this contract.
29. 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
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
(8) 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.
Standard Specifications and Plans
See Exhibit M, Plans and Specifications, Collier County Contract
30. State (Florida or other) produced Materials
Provision are excluded from this contract.
31. State/Local Owned/FurnishedlDesignated Materials
Provisions are excluded from this contract. All materials required for this project
shall be furnished by the contractor. Projects located on the National Highway
System shall require FHWA approval for direct purchase of materials.
32. Subcontracting
See Exhibit H, General Terms and Conditions, Section 33.
Subcontracts, Collier County Contract
See attached contractsection.pages GD-CA H.
33. Termination of Contract
See Exhibit H, General Terms and Conditions, Section 18.
Termination for Default and Section 19.
Termination for Convenience and Suspension, Collier County Contract
See attached contract section pages GC-CA-H.
34. Time Extensions
See Exhibit H, General Terms and Conditions, Section 9.
Compliance with Laws, Collier County Contract
See attached section contract pages GC-CA-H.
35. E-Verify
Per Executive Order No. 11-02, signed by the Governor of Florida requires all state agency
contracts to include a requirement that consultants and sub consultants, contractors and
subcontractors use E-Verify.
The Website for E-Verify is: http://www.uscis,qov/e-verifv
Vendor/Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system,
in accordance with the terms governing use of the system, to confirm the employment eligibility
of;
1. all persons employed by the Vendor/Contractor during the term of the Contract to perform
employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work
pursuant to the contract with the Agency.
36. 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 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.
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
NOVEMBER 22. 2010
PREPARED BY: MHDIMJD
h.r
-~,
SPECIFICATIONS PACKAGE
FOR
FINANCIAL PROJECT ID(S): 425556-1-58-01
FEDERAL FUNDS
A DISTRICT ONE OFF-SYSTEM LOCAL AGENCY PROGRAM PROJECT
COLLIER COUNTY
The applicable Construction Details and Materials divisions (Division II & III) of the 20 I 0
Edition of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction are revised as follows:
I hereby certify that this specifications package has been properly prepared by me, or under my
responsible charge, in accordance with procedw'es adopted by the Florida Department of
Transportation.
Signature
and Seal:
Michael J. Delate
Date:
Page(s): 1 . 19
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FPlD(S): 425556-1-58-01
SPECIAL PROVISIONS ............................................................................................................. 3
DEFINITIONS AND TERMS... .......... ........... ........... ........... ............ ...... ................. ......... ........ 4
SECTION 120 - EARTHWORK AND RELATED OPERATIONS FOR LOCAL
AGENCIES ........... ........ ...... ................ .... ......... ....... ...................... ......... .............. ......... 4
SECTION 344 - CONCRETE FOR LOCAL AGENCIES.................................................... 14
TillS COMPLETES TillS SPECIFICATIONS PACKAGE .................................................19
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SPECIAL
PROVISIONS
- 3 - FPID(S): 425556-1-58-01
DEFUITTIONSANDTERMS
The following terms, when used in the Contract Documents, have the meaning
descdbed:
Department.
Collier County.
Engineer.
The Professional Engineer, registered in the State of Florida, other than the Engineer of
Record or his subcontracted consultant, acting as the project's Constmction Engineering
Inspection Manager, The Engineer may be County in-house staff or a consultant retained by the
County .
Note: In order to avoid cumbersome and confusing repetition of expressions in these
Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or
where "acceptable, accepted, approval, approved, authorized, condemned, considered necessalY,
contemplated, deemed necessary, designated, determined, directed, disapproved, established,
given, hldicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory,
specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory," it shall be understood
as if the expression were followed by the words "by the Engineer," "to the Engineer," or "of the
Engineer." .
SECTION 120 _ EARTHWORK AND RELATED OPERATIONS FOR LOCAL
AGENCIES
120-1 Description.
120-1.1 General: Perform Earthwork and Related Operations based on the type of work
specified in the Contract and the Earthwork Categories as defined below. "Meet the applicable
requirements for materials, equipment and construction as specified.
Earthwork and Related Operations consists of excavation for the construction of
the roadway, excavation for structm'es and pipe, constructing backfill around structmes and pipe,
and constructing embankments as requh'ed for the roadway, ditches, and channel changes,
120-1.2 EarthwOl'k Categories: Pelformance of Ea11hwork Operations will fall into one
of the following Earthwork Categol'ies:
120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations
associated with the construction of sidewalks and bike paths along with any drainage structures
associated with these facilities,
120-1.2.2 Earthworl{ Category 2: Includes the ealthwol'k and related operations
associated with the construction oftum lanes and other non-mainline traffic lanes, widening,
roadway shoulders, concrete box culve11s, retaining walls, and other drainage structures on the
non-mainline pavement.
120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations
associated with the construction of new mainline pavement, along with concrete box culverts,
retaining walls, and other drainage structures on the mainline pavement.
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120-2 Classes of Excavation.
120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists
of the removal of muck, clay, rock 01' any other material that is unsuitable in its original position
and that is excavated below the finished grading template. For stabilized bases and sand
bituminous road mixes, the finished gmding template is the top ofthe finished base, shoulders
and slopes. For all other bases and rigid pavement, the finished grading template is the finished
shoulder and slope lines and bottom of completed base 01' rigid pavement.
120-2.2 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation
of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches
parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross-section shown
in the plans.
120-2.3 Channel Excavation: Channel Excavation consists of the excavation and
satisfactory disposal of all materials from the limits of the channel as shown in the plans.
120-2.4 Excavation for Struchll'es and Pipe: Excavation for Structures consists of the
excavation for bl'idge foundations, box culvelts, pipe culverts, storm sewel.S and all other pipe
lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes,
and similar structures.
120-3 Excavation Requirements.
120-3.1 Excavation and Replacement of Unsuitable Matel'ials: Where rock, muck,
clay, or other material within the limits of the roadway is unsuitable in its original position,
excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and
backfill with suitable material. Shape backfill matel'ials to the required cross-sections. Where the
removal of plastic soils below the finished earthwork grade is required, meet a construction
tolerance of:i: 0.2 foot in depth and:i: 6 inches (each side) in width.
120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and
roadway, changes in chatmels of streams and ditches parallel to the roadway. Dress lateral
ditches to the grade and cross-section shown in the plans.
120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of
the channel as shown in tbe plans. Excavate for bridge foundations, box culverts, pipe culverts,
storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains,
catch basins, drop inlets, manholes, and similar structures.
120-3.4 Excavation rOl. Strllctures and Pipe.
120-3.4.1 Requirements fOl' all Excavation: Excavate foundation pits to permit
the placing of the full widths and lengths of footings shown in the plans, with full horizontal
beds. Do not round or undercut corners or edges offootings. Perform all excavation to
foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans.
Pelform all excavation in stream beds to a deptb at least 4 feet below the permanent bed of the
stream, unless a firm footing can be established on solid rock before such depth is reached, and
excavate to such additional depth as may be necessary to eliminate any danger of undermining.
Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be
exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and
disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation
excavations prior to placing masonry.
120-3.4.2 Earth Excavation:
120-3.4.2.1 Foundation Material other than the Rock: When masonry
is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom
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of the excavation, and do not remove the final foundation material to grade until just before
placing the masonry. In case the foundation material is soft or mucky, the Engineer may require
excavation to a greater depth and to backfill to grade with approved material.
120-3.4.2.2 Foundation Piles: Where foundation piles are used) complete
the excavation of each pit before driving the piles. After the driving is completed, remove all
loose and displaced material, leaving a smooth, solid, and level bed to receive the masomy.
120~3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any
unforeseen obstacles encountered in excavating.
120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material,
remove all loose material) and cut all rock to a finn smface. Either level, step vertically and
horizontally) or serrate the rock, as may be directed by the Engineer. Clean out all seams) and fill
them with concrete or mortal',
120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culvelts and
storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide
adequate working room. Remove soil not meeting the classification specified as suitable backfill
material in 120-8.3.2.2 to a depth of 4 inches below the bottom ofthe pipe elevation. Remove
rock, boulders or othel' hal'd lumpy or unyielding material to a depth of 12 inches below the
bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to
establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to
at least the mid-point of the pipe.
For pipe lines placed above the natural ground line, place and compact the
embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the
pipe and to a width equal to four pipe diameters, and then excavate the trench to the required
grade.
120-4 Disposal of Surplus and Unsuitable Material.
120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated
materials as shown in the plans or, if the plans do not indicate the method of disposal, take
ownership of the materials and dispose of them outside the right~of-way.
120-4.2 Disposal of Muck 011 Side Slopes: As an exception to the provisions of
120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or
stored alongside the roadway, provided there is a clear distance of at least 6 feet between the
roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In
addition, this material may also be disposed of by placing it on the slopes where, in the opinion
of the Engineer, this will result in an aesthetically pleasing appearance and will have no
detrimental effect on the adjacent developments. Where the Engineer permits the disposal of
muck or other unsuitable material inside the right-of-way limits, do not place such material in a
manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer
will determine the limits adjacent to channels within which such materials may be disposed.
120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of
paving materials, such as paving bdck, asphalt block, concrete slab, sidewalk, curb and gutter,
etc., excavated in the removal of existing pavements, and dispose of them outside the right-of-
way. If the materials are to remain the property of the Agency, place them in neat piles as
directed. Existing limerock base that is removed may be incorporated in the stabilized portion of
the subgrade. If the constmction sequence will allow, incorporate all existing limel'ock base into
the project as allowed by the Contract Documents.
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120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated
materials outside the right~of-way, and the disposal area is not indicated in the Contract
Documents, furnish the disposal area without additional compensation.
Provide areas for disposal ofl'emoved paving materials out of sight of the project
and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are
buried, disregard the 300 foot limitation.
120-5 Materials fOl' Embankment.
120-5.1 General Requirements for Embanl{ment Materials: Construct embankments
using suitable materials excavated from the roadway or delivered to the jobsite from authorized
borrow pits.
Construct the embankment using maximum particle sizes (in any dimension) as
follows:
In top 12 inches: 3 1/2 inches (in any dimension).
12 to 24 inches: 6 inches (in any dimension).
In the depth below 24 inches: not to exceed 12 inches (in any dimension)
or the compacted thickness of the layer being placed, whichever is less.
Spread all material so that the larger particles al'e separated from each othel' to
minimize voids between them during compaction. Compact amund these rocks in accordance
with 120-7.2,
When and where approved by the Engineer, larger rocks (not to exceed 18 inches
in any dimension) may be placed outside the one to two slope and at least 4 feet or more below
the bottom of the base. Compact around these rocks to a firmness equal to that of the sUPPoliing
soil, Where constructing embankments adjacent to bridge end bents or abutments, do not place
rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end-bent piling.
120-5.2 Use of Matel'ials Excavated From the Roadway and Appm'tellances: Assume
responsibility for determining the suitability of excavated material for use on the project in
accordance with the applicable Contract Documents. Consider the sequence of work and
maintenance oftl'affic phasing in the determination of the availability of this material.
120-5.3 Authol"ization for Use of Borl.ow: Use borrow only when sufficient quantities
of suitable material are not available from roadway and drainage excavation, to properly
constl'Uct the embankment, subgrade, and shoulders, and to complete the backfilling of structures
and pipe. Do not use bol1'oW material until so ordered by the Engineer, and then only use
material from approved borrow pits.
120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to
the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads
or trails are used by others, do not cause such roads or trails to deteriorate in condition.
Arrange for the use of all non-public haul routes crossing the property of
any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will
direct construction vehicles away from developed areas when feasible, and keep noise from
hauling operations to a minimum, Advise the Engineel' in writing of all proposed haull'Outes.
120-5.3.2 Borrow Matel'ial for Shoulder Build-up: When so indicated in the
plans, furnish borl'Ow material with a specific minimum bearing value, for building up of existing
shoulders. Blend materials as necessary to achieve this specified minimum bearing value prim' to
placing the materials on the shoulders. Take samples of this bol1'oW material at the pit or blended
stockpile.
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120-5.4 Materials Used at Pipes, Culvel.ts, etc.: Construct embankments over and
around pipes, culverts, and bridge foundations with selected materials.
120-6 Embankment ConstJ.uction.
120-6.1 Gencral: Construct embankments in sections of not less than 300 feet in length
or for the full length of the embankment.
120-6.2 Dry Fill Method:
120-6.2.1 Genel'al: Construct embankments to meet compaction requirements in
Alticle 120-7 and in accordance with the acceptance program requirements in 120-9. Restt.ict the
compacted thickness of the last embankment lift to 6 inches maximum.
As far as practicable, distl'ibute traffic over the work during the
construction of embankments so as to cover the maximum area of the surface of each layer.
Construct embankment in the dry whenever nonnal dewatering equipment
and methods can accomplish the needed dewatering.
120-6.2.1.1 For A-3 and A-2-4 Matel'ials with up to 15% fines:
Construct the embankment in successive layers with lifts up to a maximum compacted thickness
of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A-2-4
material does not exceed 15%.
120-6.2.1.2 For A-1 Plastic materials (As designated in FDOT Design
Standal'd Index 505) and A-2-4 Matcrials with greatcl. than 15% fines: Construct the
embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches.
120-6.2.1.3 Equipment and Methods: Provide normal dewatering
equipment including, but not limited to, surface pumps, sump pumps and trenching/digging
machinery. Provide normal dewatering methods including, but not limited to, constructing
shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons.
When normal dewatering does not adequately remove the water,
the Engineer may require the embankment material to be placed in the water 01' ill low swampy
ground in accordance with 120-7.2.4.
120-6.2.2 Placing ill Unstable Areas: Where depositing the material in water, or
in low swampy ground that will not support the weight of hauling equipment, construct the
embankment by dumping successive loads in a uniformly distributed layer of a thickness not
greater than necessary to support the hauling equipment while placing subsequent layel's. Once
sufficient material has been placed so that the hauling equipment can be supported, construct the
remaining portion of the embankment inlayers in accordance with the applicable provisions of
120-7.2.4 and 120-7.2.6.
120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a
hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow ai'
cut into steps the surface of the original ground on which the embankment is to be placed.
120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is
unsuitable for normal embankment construction is to be used in the embankment outside the
standard minimum slope (approximately one to two), place such material inlayers of not more
than 18 inches in thickness, measured loose. The ContractOl' may also place material which is
suitable for normal embankment, outside such standard minimum slope, in 18 inch layers.
Maintain a constant thickness for suitable material placed within and outside the standard
minimum slope, unless placing in a separate operation.
120-6.3 Hydraulic Method:
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120~6.3.1 Method of Placing: When the hydraulic method is used, as far as
practicable, place all dredged material in its final position in the embankment by such method.
Place and compact any dl'edged matedal that is rehandled, or moved and placed in its final
position by any other method, as specified in 120-7.2. The Contractor may use baffles or any
form of construction he may select, provided the slopes of the embankments are not steeper than
indicated in the plans. Remove all timber used for temporary bulkheads or baIDes from the
embankment, and fill and thoroughly compact the holes thus formed. When placing fill on
submerged land, construct dikes prior to beginning of dredging, and maintain the dikes
throughout the dredging operation.
120-6.3.2 Excess Matel'ial: Do not use excess material placed outside the
prescribed slopes, below the normal high-water level, to raise the fill. Remove only the pOltion
of this matet'ial required for dressing the slopes. ,
120-6.3.3 Protection of Openings in Emballl<.ment: Leave openings in the
embankments at the bridge sites. Remove any material which invades these openings or existing
channels without additional compensation to pmvide the same depth of channel as existed before
the construction of the embankment. Do not excavate or dredge any material within 200 feet of
the toe of the pmposed embankment.
120.7 Compaction Requirements.
120-7.1 Moisture Content: Compact the materials at a moistme content such that the
specified density can be attained. If necessary to attain the specified density, add water to the
material, or lower the moisture content by manipulating the material or allowing it to dry, as is
appropriate.
120-7.2 Compaction of Embankmellts:
120-7.2.1 EarthwOl'k Category 1 and 2 Density Requirements: Reduce the
minimum required density from 100% to 95% of AASHTO T99 Method C for all earthwork
items requiring densities.
120-7.2.2 Eartlnvorl<. Category 3 Density Requirements: Except for
embankments constructed by the hydraulic method as specified in 120-6.3, and for the material
placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas
specifically excluded herein, compact each layer of the material used in the formation of
embankments to a density of at least 100% of the maximum density as required by AASHTO T
99, Method C. Uniformly compact each layer using equipment that will achieve the required
density, and as compaction operations progress, shape and manipulate each layer as necessary to
ensure uniform density throughout the embankment.
120.7.2.3 Compaction Over Unstable Foundations: Where the embankment
material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as
provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the
density as specified in 120-9.5.
120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where
unsuitable material is removed and the remaining surface is of the A-4, A~5, A-6, or A-7 Soil
Groups, as determined by the Engineer, compact the surface of the excavated area by rolling
with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full
width of the roadbed (subgt'ade and shoulders). Perform rolling before beginning any backfill,
and continue until the roller feet do not penetmte the surface more than 1 inch. Do not perform
such rolling where the remaining surface is below the normal water table and covered with
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water. Vary the procedure and equipment required for this operation at the discretion of the
Engineer.
120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or
Stabilized Areas: Do not compact embankment matel'ial which will be incorporated into a
pavement, base course, 01' stabilized subgrade, to be constructed as a part of the same Contract.
120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer
of all shoulders which aloe to be grassed, since no specific density is required, compact only to
the extent directed.
120-7.2.7 Compaction of Grassed Embanlrment Areas: For the outer layer of
all embankments where plant growth will be established, do not compact. Leave this layer in a
loose condition to a minimum depth of 6 inches for the subsequent seeding or planting
operations.
120-7.3 Compaction of Sub grade: lfthe plans do not provide fOl' stabilizing, compact
the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils. do
not apply density requirements where constructing narrow widening strips 01- paved shoulders
5 feet or less in width.
Where trenches for widening strips are not of sufficient width to permit the use of
standard compaction equipment, perform compaction using vibratory rollers, trench rollers, 01'
other type compaction equipment approved by the Engineer_
Maintain the required density until the base or pavement is placed on the
subgrade.
120-8 Backfilling Al"Ound Structures and Pipe.
120-8.1 Requirements fOI. all Structures:
120-8-1.1 Genet-al: Backfill around structures and pipe in the Dry whenever
normal dewatering equipment and methods can accomplish the needed dewatering.
129-8.1.2 Equipment and Methods: Provide normal dewatering equipment
including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and
trenching/digging machinery_ Provide normal dewatering methods including, but not limited to,
constructing shallow smface drainage trenches/ditches, using sand blankets, perforated pipe
drains, sumps and siphons_
120-8.1.3 Baclrfill Materials: Backfill to the original ground surface or subgrade
smface of openings made for structures, with a sufficient atlowance for settlement. The Engineer
may require that the material used for this backfill be obtained from a source entirely apart from
the structure.
Do not allow heavy construction equipment to cross ovel' culveli or storm
sewer pipes untit placing and compacting backfill material to the finished earthwork grade or to
an elevation at least 4 feet above the crown of the pipe.
120-8.1.4 Use of A-7 Matet-ial: In the backfilling of trenches, A-7 material may
be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT
Design Standards as the elevation for undercutting of A-7 material.
120-8.1.5 Time of Placing Bacl(fiU: Do not place backfitl against any masonry 01'
concrete abutment, wingwall. or culvert until the Engineer has given permission to do so, and in
no case untit the masonry 01' concrete has been in place seven days or untit the specified 28-day
compressive strength occm's.
120-8.1.6 Placement and Compaction: Place the material in horizontal layers
not exceeding 6 inches compacted thickness, in depth above water level, behind abutments,
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wingwalls and end bents or end rest piers, and around box culverts and all structures including
pipe culverts. When the backfill material is deposited in water, compact per 120-8.2.5 and
120-8.3.4.
The Contractor may elect to place material in thicker lifts of no more than
12 inches compacted thickness outside the soil envelope ifhe can demonstrate with a successful
test section that density can be achieved. Notify the Engineer prior to beginning construction of a
test section. Construct a test section of 500 feet in length. Pel{orm five tests at random locations
within the test section. All five tests must meet the density required by 120-7.2. Identify the test
section with the compaction effort and soil classification in the Agency Logbook. In case of a
change in compaction effort or soil classification, construct a new test section. When a test fails
the requirements of 120-7.2, construct a new test section. The Contractor may elect to place
material in 6 inches compacted thickness at any time.
120-8.2 Additional Requirements for Structures Otllel. than Pipe:
120-8.2.1 Density: Where the backfill material is deposited in watet', obtain a
12 inch layer of compal'atively dry material, thoroughly compacted by tamping, before verifying
the layer and density requil'ements, Meet the requirements of the density Acceptance Criteria.
120-8.2,2 Box Culverts: Fm' box culvelts over which pavement is to be
constructed, compact around the structure to an elevation not less than 12 inches above the top of
the structure, using rapid-striking mechanical tampers.
120-8.2.3 Other Limited Areas: Compact in other limited areas using
mechanical tampers or approved hand tampers, until the cover over the structure is at least
12 inches thick. When hand tampers are used, deposit the materials in layers not more than
4 inches thick using hand tampers suitable for this purpose with a face area of not more than
100 in2. Take special precautions to pl'event any wedging action against the masonry, and step or
terrace the slope bounding the excavation for abutments and wingwalls if required by the
Engineer.
120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides
simultaneously to approximately the same elevation.
120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not
permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material for
the hand tamped pm.tions of the backfill. When the backfill has reached an elevation and
condition such as to make the use of the mechanical tampers practical, perform mechanical
tamping in such manner and to such extent as to transfer the compaction force into the sections
previously tamped by hand.
120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater:
120-8.3.1 General: Trenches for pipe may have up to four zones that must be
backfilled.
Lowest Zone: The lowest zone is backfilled for deep undercuts up to
within 4 inches of the bottom of the pipe.
Bedding Zone: The zone above the Lowest Zone is the Bedding Zone.
Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. Whell
rock or other hard material has been removed to place the pipe, the Bedding Zone wiII be the
12 inches of soil below the bottom of the pipe.
Cover Zone: The next zone is backfill that is placed after the pipe has been
laid and will be called the Covel' Zone, This zone extends to 12 inches above the top of the pipe.
The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe.
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Top Zone: The Top Zone extends from 12 inches above the top of the pipe
to the base or final gmde.
120-8.3.2 Matel"ial:
120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding
Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading
operations on the project, 01' a commercial material if no suitable material is available.
120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Covel' Zone
of the pipe, backfill with materials classified as A-I, A-2, or A-3. Material classified as A-4 may
be used if the pipe is concrete pipe.
120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil
envelope of the pipe with materials allowed on Design Standard, Index No. 505.
120-8.3.3 Compaction:
120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to
aPPI'oximately match the density of the soil in which the trench was cut.
120-8.3.3.2 Bedding Zone: If the trench was not undercut below the
bottom ofthe pipe, loosen the soil in the bottom of the trench immediately below the
approximate middle thil'd of the outside diameter of the pipe.
If the trench was undercut, place the bedding material and leave it
in a loose condition below the middle third of the outside diameter of the pipe. Compact the
outer portions to meet the density requirements of the Acceptance Criteria. Place the matel'ial in
lifts no greater than 6 inches (compacted thickness).
120-8.3.3.3 Covel. Zone: Place the material in 6 inches layers (compacted
thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers
suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by
mechanical tampers. Meet the requirements of the density Acceptance Criteria.
120-8.3.3.4 Top Zone: Place the matel'ial in layers not to exceed
12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria.
120-8.3.4 Backfill Undel' Wet Conditions: Where wet conditions are such that
dewatering by normal pumping methods would not be effective, the procedure outlined below
may be used when specifically authorized by the Engineer in writing.
Granular material may be used below the elevation at which mechanical
tampers would be effective, but only material classified as A-3. Place and compact the material
using timbers or hand tampers until the backfill reaches an elevation such that it's moisture
content will permit the use of mechanical tampers. When the backfill has reached such elevation,
use normally acceptable backfill material. Compact the material using mechanical tampers in
such manner and to such extent as to transfer the compacting force into the material Pl'eviously
tamped by hand.
120-9 Acceptance PI.ogram.
120-9.1 Density over 105%: When a computed dry density results in a value greater
than 105% of the applicable Proctor maximum dry density, perform a second density test within
5 feet. If the second density results in a value greater than 105%, investigate the compaction
methods, examine the applicable Maximum Density and material description. If necessary, test
an additional sample for acceptance in accordance with AASHTO T 99, Method C.
120-9.2 Maximum Density Determination: Determine the maximum density and
optimum moisture content by sampling and testing the material in accordance with the specified
test method listed in 120-9.3.
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120-9.3 Density Testing Requirements: Ensure compliance with the requirements of
120-9.5 by Nuclear Density testing in accordance with FDOT Florida Method FM 1- T 238.
Determine the in-place moisture content for each density test. Use Florida Method FM 1- T 238,
FM 5-507 (Determination of Moisture Content by Means ofa Calcium Carbide Gas Pressure
Moisture Tester), or ASTM D 4643 (Laboratory Determination ofMoistUL'e Content of Granular
Soils By Use of a Microwave Oven) for moistme determination.
120.9,4 Soil Classification: Perform soil classification tests in accordance with
AASHTO T-88. Classify soils in accordance with AASHTO M-145 in ordel' to determine
compliance with embankment utilization requirements.
120-9.5 Acceptance Criteria: Obtain a minimum density in accordance with 120-7.2
with the following exceptions:
1) embankment constructed by the hydraulic method as specified in 120-6.3;
2) material placed outside the standard minimum slope as specified in 120-6.2.4;
3) other areas specifically excluded herein.
120.9.6 Frequency: Conduct sampling and testing at a minimum frequency listed in the
table below.
Test Name
Maximum Densit
Densit
Soil Classification
120-10 Maintenance and Protection ofWorlc.
While COl1stmction is in progress, maintain adequate drainage for the roadbed at all times.
Maintain a shoulder at least 3 feet wide adjacent to all pavement or base constrllction in order to
provide support for the edges.
Maintain and protect all earthwork construction throughout the life of the Contract, and
take all reasonable precautions to prevent loss of material from the roadway due to the action of
wind or water. Repair any slides, washouts, settlement, subsidence, 01' other mishap which may
occur prior to final acceptance of the work. Maintain all channels excavated as a part of the
Contract work against natural shoaling or other encroachments to the lines, grades, and cross-
sections shown in the plans, until final acceptance ofthe project.
120-11 Construction.
120-11.1 Consh'uctioll Tolerances: Shape the surface of the earthwork to conform to
the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of
earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the
following exceptions:
1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section.
2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures,
etc.
3. Shape the bottom of ditches so that the ditch impounds no water.
4. When the work does not include construction of base or pavement, shape the
entire roadbed (shoulder point to shouldel' point) to within 0.1 foot above 01' below the plan
cross~section.
Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from
the true lines shown in the plans.
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120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to
pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to
placing the final wearing course. Do not manipulate any embankment material on a pavement
surface.
When shoulder dressing is underway adjacent to a pavement lane being used to
maintain traffic, exel'cise extreme care to avoid interference with the safe movement of traffic,
120-12 Method ofMeasllrement.
120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated
by the method of average end areas, unless the Engineer determines that another method of
calculation will provide a mOl'e accurate result. The material will be measured in its original
position by field surveyor by photogrammetric means as designated by the Engineel"
Measurement for payment will include the excavation of unsuitable material, lateral ditch
excavation, channel excavation, and excavation for structures and pipe. Payment will not be
made for excavation Qt. embankment beyond the limits shown in the plans or authorized by the
Engineer.
120-12.2 Embankment: Measurement will be made on a loose volume basis, as
measUl'ed in trucks or other hauling equipment at the point of dumping on the road. Payment will
not be made for embankment beyond the limits shown in the plans or authorized by the
Engineer.
120-13 Basis of Payment.
120-13.1 General: Prices and payments for the work items included in this Section will
be full compensation for all work described herein, including excavating, dredging, hauling,
placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting
the complete ealihwork.
120-13.2 Excavation: The total quantity of all excavation specified under this Section
will be paid for at the Contract unit price for Excavation, No payment will be made for the
excavation of any materials which are used for purposes other than those shown in the plans or
designated by the Engineer. No payment will be made for materials excavated outside the lines
and grades given by the Engineer, unless specifically authorized by the Engineer.
120R13,3 Embanlunent: The total quantity of embankment specified in this Section will
be paid fOl' at the Contract unit price for embankment. No payment will be made for materials
which are used for purposes other than those shown in the plans 01' designated by the Engineer.
No payment will be made for materials placed outside the lines and grades given by the
Engineer.
SECTION 344 - CONCRETE FOR LOCAL AGENCIES
344.1 Description.
344-1 General: Construct Local Agency Program (LAP) Concrete based on the type of
work as described in the Contract and the Concrete Work Categories as defined below,
344-1.2 Worl< Categories: Constl'llction of LAP concrete elements will fall into one of
the following Concrete Work Categories:
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344~1.2.1 Concrete Work Category 1: Includes the construction of sidewalks,
curb and gutter, ditch and slope pavement, or other non-reinfol'ced cast~in- place or precast
elements.
344-1.2.2 Concrete Worl{ Category 2: Includes the construction of precast
concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets,
manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles,
concrete bases fOl'light poles, highway sign foundations, retaining wall systems, traffic
separators 01' other structural precast elements.
344~1.2.3 Concrete Work Categol1' 3: hlcludes the work associated with the
placement and/or construction of structural cast-in-place concrete requiring a class of concrete
specified in FOOT Section 346.
344-2 Materials.
344-2.1 General: Use concrete composed ofa mixture of Portland cement, aggregates,
and water, with or without chemical or mineral admixtures that meet the following requirements:
344~2.1.1 Portland Cement: Cement shall conform to the requirements of the
AASHTO or ASTM designations, Different brands of cement, cement of the same brand from
different facilities or different types of cement shall be stored separately and shall not be mixed,
P0l11and cements meeting the requirements of AASHTO M-85 01' ASTM C-150 are allowed for
LAP concrete.
344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet current FOOT
requirements except that source approval by the FOOT is not required.
344-2.1.3 Water: Water shall meet current FOOT requirements,
344-2.1.4 Chemical Admixtures: Chemical admixtures shall meet current FOOT
requirements. Admixtures may be added at the dosage rates recommended by the manufacturer,
344~2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the current FDOT
requirements,
344-2.2 Material Storage: Use a concrete production facility that meets the following
requirements.
344-2.2.1 Cementitious Materials Storage: Provide a separate and clearly
labeled weatherproof facility to store each brand or type of cementitious material without mixing
or contamination. Provide a suitable, safe and convenient means of collecting cementitious
matel'ial samples at each storage facility.
344-2.2.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store
and identify aggregates without mixing, segregating or contaminating different gt'ades 01' types of
matel'ials, Identify agg,.egate type/gradation. Handle the aggregates in a manner to minimize
segregation and meet the specification requirements when recovered from storage. Continuously
and uniformly sprinkle coarse aggregate with water, for 24 hours pt'eceding introduction into the
conCI'ete mix. Timers may be used to facilitate the sprinkling of aggregate stockpiles using an
alternating on/off method, However, in no event shall the top smface of the stockpile be
permitted to become dry prior to batching of concrete. Moisture probes may be used to determ ine
the moisnu'e content of the aggregate, Ensure that the accuracy of the probe is certified annually
and verified weekly. Maintain stored aggregates in a well-drained condition to minimize free
water content. Provide access for the Engineer to sample the aggt'egates from the recovelY side
of the storage facility.
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344-3 Production, Mixing and Delivery of Concrete.
344-3.1 COllCl'ete Pl'oduction Requh'ements: Use concrete production facilities
celtified by the National Ready-Mixed Concrete Association (NRMCA), approved by the FOOT.
Pl"Oduce concrete utilizing equipment that is in good operating condition and
operated in a maimer to ensure a consistent product. When moisture probes are not used, ensure
that the concrete production facility determines the ft'ee moistUt'e for the coarse and fine
aggregates within two hoUt's prim to each day's batching, On concrete placements expected to
exceed three hours, perform an additional moisture test approximately halfway thl"Ough the
batching opemtions and adjust batch propottions accordingly.
EnsUt'e that the calibration of the measuring devices ofthe concrete production
facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in accordance
with Chapter 9.2 of the FOOT Materials Manual. At least qU8lterly, ensure that all scales, meters
and othel' weighing or measuring devices are checked for accuracy by a qualified representative
ofa scale company registered with the Bureau of Weights and Measures of the Florida
Department of Agriculture. As an alternative, the producer may have this fi'equency identified in
an FOOT approved QC plan. The accuracy of admixture measuring dispensers will be celtified
annually by the admixture supplier.
When Volumetric Mixers are used for Category I applications, deliver concrete in
accordance with the requirements of V olumetric Mixer Manufacturers Bureau (VMMB) and
ensure that the vehicle has a VMMB registered rating plate,
344-3.2 Classes of Concrete: Classes of concrete to be used on the project will be
defined in the Contract Documents.
344-3.3 Contractors Quality Control: The Contractor will supply a Quality Control
(QC) plan to identity to the Agency how quality will be ensured at the project site. Om'ing
random inspections the Agency will use this document to vel'ify that the construction of the
project is in agreement with his QC plan,
344-3.4 Concrete Mix Design: Before producing any concrete, submit the proposed mix
design to the Engineer on a fot'm provided by the Agency, Otherwise, the agency will accept mix
designs previously described in an FDOT approved QC plan. In any event, use only concrete mix
designs having prior approval of the Engineer.
Materials may be adjusted provided that the theoretical yield requirement of the
approved mix design is met. Show all required original approved design mix data and batch
adjustments and substituted matedal on an Agency approved concrete delivery ticket. The
Engineer may disqualify any conCl'ete production facility for non-compliance with specification
requirements.
344-3.5 Delivel'Y: For cast-in-place applications, the maximum allowable mixing and
agitation time of concrete is 90 minutes.
Furnish a delivery ticket on a form approved by the Agency with each batch of
concrete before unloading at the placement site. The delivery ticket shall be printed. Record
material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher
responsible for producing the concrete certifies that the batch was produced in accordance with
these Specifications and signs the delivery ticket. The Contractor shall sign the delivery ticket
certifying that the concrete was batched, delivered and placed in accordance with these
Specifications.
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FPID(S): 425556-1-58~01
The Contractor shall be responsible for rejecting loads of concrete that do not
meet the plastic prope11ies ofthe approve mix design or the minimum compressive strength
requirements.
At the sole option of the Agency, the Engineer may accept concrete at a reduced
pay when it is determined that the concrete will serve its intended fimction,
344-3.6 Placing Concl'ete:
344-3.6.1 Concreting in Cold Weather: Do not place concrete when the
temperature ofthe concrete at placement is below 450P.
Meet the ail' temperahlre requkements for mixing and placing concrete in
cold weather as specified in Section 346. During the cul'ing period, if NOAA predicts the
ambient temperature to fall below 350F for 12 hours or more 01' to fall below 300P for more than
4 hours, enclose the structure in such a way that the concrete and ail' within the enclosure can be
kept above 600F for a pel'iod of 3 days after placing the concrete or until the concrete reaches a
minimum compressive strength of 1,500 psi.
Assume all risks connected with the placing and cming of concrete,
Although the Engineel' may give permission to place concrete, the Contractor is responsible for
satisfactory results. lfthe placed concrete is determined to be unsatisfactory, remove, dispose of,
and replace the concrete at no expense to the Agency.
344-3.6.2 Concreting ill Hot Weathel.: Meet the temperature requh'ements and
special measures for mixing and placing concrete in hot weather as specified in Section 346.
When the temperature of the concrete as placed exceeds 750P, incorporate
in the concrete mix a wateNeducillg retarder or water reducer if allowed by Section 346,
Spray reinforcing steel and metal forms with cool fresh wate1' just prior to
placing the concrete in a method approved by the Engineer.
Assume all risks connected with the placing and curing of concrete.
Although the Engineer may give permission to place concrete, the Contractor is responsible for
satisfactory results. lfthe placed concrete is determined to be unsatisfactory, remove, dispose of,
and replace the concrete at no expense to the Agency.
344-3.7 Mixers: Ensure that mixers are capable of combining the components of
concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious
materials, and capable of discharging the concrete uniformly. Operate conC1'ete mixers at speeds
per the manufachll'et"S design. Do not exceed the manufacturer's rated capacity for the volume
of mixed concrete in the mixer, mixing drum, or container,
344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities
of concrete, less than 3 yd 3 placed in one day and less than 0.5 yd3 placed in a single placement
may be accepted using a pre-bagged mixture, The Agency may verify that the pre-bagged
mixture is prepared in accordance with the manufacturer's recommendations and will meet the
requirements of this Specification.
344-3.9 Sampling and Testing:
344-3.9.1 Category 1: The Engineer may sample and test the concrete at his
discretion to verify its quality, The minimum 28 day compressive strength requirement for this
concrete is 2,500 psi.
344-3.9.2: Category 2: Provide a statement of certification from the manufactUl'er
of the precast element that the element meets the quality control and inspection testing
requirements of the Contract Documents.
- 17-
PPlD(S): 425556-1-58-01
344-3.9.3 Category 3: The Agency will randomly select a sample from each 200
yd3 or one day's production to detel'mine plastic propel1ies and to make three 4 x 8 inch
cylinders for testing by the Agency at 28 days to ensure that the design compressive strength has
been met. The Agency may, at its discretion, test additional concrete samples to ensure
compliance with the specifications.
344-3.10 RecOI'ds: Maintain the following records for review for at least 3 yeal's after
final acceptance of the project:
I, Approved concrete mix designs.
2. Materials source (delivel'y tickets, celtifications, certified mill test reports).
3. A copy ofthe scale company or testing agency repOlt showing the observed
deviations fwm quantities checked during calibration of the scales and meters.
4. A copy of the documentation certifying the admixture weighing/measuring
devices,
5. For Non Structural LAP concrete the Agency will accept recent NRMCA,
VMMB or FDOT inspection records certifying the plant or truck can produce concrete. In
addition, documentation will be available at the plant or in the truck showing that action has been
taken to correct deficiencies noted during the inspections.
344-4 Acceptance of the Work.
344-4.1 Category 1 Work: Category 1 work will be accepted based upon compliance
with Pl"Oduction, Mixing and Delivel'Y Requirements specified in 334-3.
344-4.2 Category 2 Work: Precast elements will be accepted based upon cel1ification
from the Contl'8ctor that the elements were produced by a production facility on the FOOT's
current approved plant list. In addition, the producers QC stamp will be displayed 011 the
element.
344-4.3 Category 3 Work: Category 3 work shall be in full compliance with this
Specification, and with curt'ent FDOT Specifications, Section 346 and associated Contractor
Quality Control (QC) specifications governing cast-in-place concrete, In addition, a DeIivelY
Ticket as described in 344-3,5 will be required for acceptance of the material at the project site.
344-5 Method of Measlll'emellt.
The quantities to be paid for will be the items shown in the plans, completed and
accepted.
344-6 Basis of Payment.
Prices and payments will be full compensation for all work and materials specified in this
Section.
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FPIO(S): 425556-1-58-01
THIS COMPLETES
THIS
SPECIFICATIONS
PACKAGE
- 19 - PPID(S): 425556-1-58-01
EXHIBIT K
PERMITS
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
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