#11-5679 (Gulf Paving Company, Inc.)
County
Admil1i~ SeNices Division
Purchasing
Intersection Improvements Lake Trafford Road and SR 29
COLLIER COUNTY BID NO. 11-5679
COLLIER COUNTY, FLORIDA
LAP Funded
Design Professional:
Wilson MillerlStantec
Brenda Bri/hart, Procurement Strategist
Collier County Purchasing
(239) 252-8446
BrendaBri/hart@collierQov.net
(i)
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Purr:l1asing Department. 3327 T amiami Trail East. Naples, Florida 34112-4901 . www.colliergov.netJpun::hasing
ITB 11-5679
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Email: BrendaBrilhart@Colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 1
Memorandum
Date:
From:
To:
Subject:
April 19, 2011
Brenda Brilhart, Purchasing Agent
Interested Bidders
Addendum # 1: 11-5679 Intersection Improvements Lake Trafford Road and SR 29
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CLARIFICA liON:
Awarded contractor and/or subcontractor must be prequalified in the following FOOT Work Classes:
Major: Grading, Drainage, Flexible Paving, Hot Plant-mix Bituminous - Specialty: Traffic Signals,
Pavement Marking and Roadway Signing
The Special Provisions contained in the Specifications Package represent in their entirety the applicable
General Requirements & Covenants (Division I Specifications) of the 2010 FOOT Standard
Specifications for this project. All of the Construction Details and Materials divisions (Division II & III) are
in effect as revised/amended in the Specifications Package.
ADO:
. Revised Bid Schedule
. SFWMD Environmental Resource Permit
. Updated Utility Work Schedule (Century Link)
. Revised Plan Sheets reflecting updated bid item quantities, underground utility dispositions, and
other miscellaneous items (replace originals with attached Revision 1 sheets dated 4-18-2011.
CHANGE:
Page GC-PN-2 - The Successful Bidder shall be required to finally complete all Work within one
hundred anEl fifty (1&9) and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Julio Ordonez, Project Manager
Enc: Bid Schedule
PermitslUWS
Updated Plan Sheets
Sign In Sheets Pre Bid Meeting 4/13/11
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ENVIRONMENTAL RESOURCE PERMIT
CHAPTER40E-4 (10/95)
40E-4.321
Duration of Pennlts
(1) Unless revoked or otherwise modified the duratbn of an environmental resourc:.e permit
Issued under this dlapter or OIaptEr -1OE-40, F AC. Is as follows:
(a) for a coo:eptual~, two yea-s from the date of tssuarn or the date specified as a
conditIOn of the permit., unless Within that perb:i an apprlC3tJoo for an IndMdual or standard genel'C1 permit
Is filed fa- any pation of tile project:. If an app6catlon (or an envronmental ~ permit Is flied, then
the c:on<::etJWal aPfl"OY3I remalns valid until final ad:lon Is taken on ttle ellvlronmental resw-oe permit
application. If the applicatloo lsgra.n~. ~ the ~_approvalls ,valid for an additional two ~,
from the date of lssuanc:e of Ule permit; Coo::eptual ap(l"ovals whldl have no IndMdual or st3ndan;j general
envrormental re5O\.I'Ce permit applicatlons filed b' a peri:xI of two years shall e:plre autornatkat1y..ct the
end of the two year period. .
(b) For a corceptual cwroval filed COIlC1J'I'e!ltI with a develapnent of regionallmpad; (DR!)
application for develOpment approval (ADA) and a local government ccmprehenslve plan amendll1ent,the
duratbn of ~ ~tual approval shall be two years fran whichever one of Ule following oo::urs at the
latest date:
( 1) the effedive date. of the beal government's oomprehenslve plan ameooment.
(2) the elfed:ive date. of the beat government development order.
(3) the date on whld1 the Dis1r1ctlssues the conceptual approval, or
(4) the latest date of the resolution of any Olapter 120.57, F AC., administrative pr"OCeeding
or olt1er legal appeals. .
(c) For an indMdual or star\dard general environmental resource permit, five years from the
date of Ssuance or such aIOOunt of time as made a condition of the permIt.
(d), For a noticed general permIt Issued pursuant to Olapt~ 'W~E-400, FAC., five years from
the date the notice of Intent lXl use the peIT11lt 5 provided to the DiStrX:t
(2)(a) Unless presa1bed by spedal permit condition, permits expire automaticaUy aO::Ordjng to
the timeframes Indicated In this rule. If application for extension Is made in writing pursuant to subsect10n
(3), the permit shall remain In full rorce and effect untll:
,,__________________ _. __ _Cll. __ _ __ tlJe.GovemlrtQ Rt\;!n:1 rnkes action on an applk:ation--tor exteFISloo of an Individual permIt,
or
(2) staff takes ad:Ion on an application for edenSion of a standard general permit
(b) Installation of the proje:t outfaU.structl..re shaD notoonstitute a vesting of the permit.
(3) The permit extensIon shall be Issued provided that a permittee files a written request with
the DisI:I1ct showing goad cause prior to the ~lration of the permit For the purpose of this rule, good
cause shall mean a set of ex:tJ:!BJating droJrnstances outside ri the c:ontJQl of the permlttee. R~uests for
extensions, whld1 shalllndtxle docunentatlon of the exteooating c:i"ClJmStarCe and how. they ~e delayed
tills project, wUI not be acxepted more than 180 daysprbrtxJ the expiration date.
, (4) Substantial modificatioos to Cooceptual ~\s wiD extend the duratbn of the
conceptual Approval for two years from the date of Issuance of the modil'icatlon. For the purposes of thls
sectioI\. the term "substant:lal rrodification* shall mean a lOOdificatlon whIdlls reasonably expected to lead
to substantially different water re.sotI'Ce or enwonmentallmpacts whldl require a detailed review. .
(5) Subs1.anlial modifii::.a600s to kldMdual or stardard gel1etQl en'lironmental resoon:e permlfs
Issued pLrSUarlt to a permit application extend the du-alian of the petmlt for three years from the date of
Issuance of the modificatbn. Individual or standard general enviroomental I'eSOllI"O'! permit m:xIitkations do
not extend the duration of a concepbJal ap~.
(6) Permit fOOdificatlons Issued lUSuant to subsection 4OE04.331(2Xb), FAC. (letter
modifications) do not extem the dllGtlon of a permit
(7) FaRure to complete aJOStrudIon or alteration of the surface water management system
and obtain operation phase approval from the D\strict within the permit duration shan reqlJlre a new pennlt
authorization In order to OJrItlnue mnstructIon unless a permit extension lsgrante:t
Specific authOrity 373.044, 373.113 F.S. law Implemented 373..13, 373.-'\16, 373..19,373.'126 F.S. Hi~ew 9-3-
81, Amended 1.3HI2, 12+82, form~y 16K-4.07(4), "mend~ 7-1-66, 4/20194, 10-3-95
",~~(RJ"'';'1
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SOUTH FLORIDA WATER !v1ANAGEMENf DISTRICT
FORT MYERS SERVICE CENTER 2301 McGregor Boulevard, FOlt Myers, FL 33901
(941) 338-2929 . FL WATS 1--800-146-1201 . Suncom 748-2929 . Fax (941) 331l-2936 . www,stwmd.gov/org/exo/ftmyers/
CON 24 - 06
Regulation Department
Dear Pennittee:
Im..tructions for Construction Commencement Notn~lIl!:1, AnnuaJ Construction Status
Reporting, Engineet"s Certification and Surface Wate.' Management I Environmental
Resource Pennit Conversion to Operation Related Submittals for Projects to Remain Under
Single Ownership
AttaChed to this instruction sheet are several Distrtct roons, which will assist you in satisfying conditions of YOllr
pertni1. as well as requirements of Rule 40E-l, 40E-4, 40E,....O and 40E-400, Fla. Admin. Code. Pennit conditions
require these foons (or their equivalent) to be completed and returned to District staff within the specified time
frames. Please be aware that thesiEl fonns are provided to the pennittee ONLY, as the entity responsible to
satisfy permit conditions, and not his or her agent.
Subject:
CONSTRUCTlON COMMENCEMENT NOnCE for Environmental ReS<lurce I Surface Water Management Pennit
((onn no. 0960) . Submit this fonn, or its equivalent, within 30 days of pennit issuance to inform the District of YO(lr
actual or anlidpated construction stArt date and lhe expected completion date. If the anticipat~j construction
commencement and completion date is not evident a1lhis lime, please so notify staff in wetting and later submit thi,>
data on~ the construction commencement date is known,
ANNUAL STATUS REFORT FOR SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION for
E/ivirunmental Resource I Surface Water Management Permit (foml no. 0961) - if construction is anticipated 10
exceed one (1) year. a yea~y report on troe construction status this fornI, or its equivalent) must be sutmiUed to
Distrid st2ff beginning one (1) year after the initial ccmmel1ccment of constrJction.
CONSTRUCTION COMPLETION I CON5TRucnON CERTIFICATION for Environmental Resource / Surface
Water M.inagementPemllt(fofi1t'no: 0881Y=Sefor'e the o~ralion phase6fyooi'permitcaiibecomeelredi\le. and '
within 30 (jays after completion of the surface water management system. you are required by sections 373.117
and 373,419. Fla. Stat. (as well as the above cited rulM) 10 hsve a Florida registered profeSSional engineer cerUfy
~un form no, 0881 or its equivalent) all the surfa~ water managp.ment system facilities have been constructed in
stibst.'lnti21 conformaoce.wh the plans andspecificatioos approved by the Qir.trict. Use of this speCific certiflc:Jtion
roml is not mandatory; however. any other certification (oimal your engineer elects to use must address, as a
minimum, all components of the surface water management system
A PE~MiT CONDITION SATISFACTION StATEMENT (in piace of !mm no. 0920) - The engineer's cert!tictitjen
slJbrnftlal should also include a statement of sal.isfadion of all permit ccnditions. District Slalr will nctity you of
?cC'.eptance of ~'our engineer's certification and the permit':O!1Version 10 the operation phase.
The District is committed to ensuring that all regulatory obligations of this permit are expeditiously
adhered to and that any compliance requiremont,> a(~ satisfactorily completed in a timely manner. If
you have any questions or need assistance. please contact the District regulatory staff at West Palin
Beach Headquarters (561) 686-8800. Browar.d Service c.oter (954) 731-3200, Fort Myers Sflrvic::e Center
(941) 338-2929. Martin I St. Lucie Service Center (561) 223-2600. Naples Area Office (941) 597-1505,
Okeechobee Service Center (941)462-5260, or Orfandl) Service Center (407) 858-6100.
(Rev. 2199) Attachments
GovtRNrNG BD;!RlJ
Michael Collins. Qai","""
\'1ichael D, Minton. IIi,.. C1l1lirnullt
Mitchell W, 8~..g~T
Vera M, Carter
Gerardo B, fem.mdez
Patrick J. G1ellson
Nicolas f. Gutierrez, Jr.
Harkley R Thornton
Trudi K WiJliam~
EXECUTIVE;, oma
Frank R. Finch, P. E" E,u(Utfoe DireciOS'
James B; Blount, OUq DIStaff
SERna CENru
Chip MmWn. Ditr!rll1l'
DISTRICT HE;~[;QI.r.'\RTERS; :'\.1111 Gun Dub Road. 1",0. Be,", 24680. West P;llim Beach, FL 33416-4680 . (361) 686-88OiJ . Fl WATS 1-800-432-2045
..~~
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resaurce/Surface Water Management Permit
Annual Status Report for
Surface Water Management System Construction
F<l1lU OHI
08l9S
(Req1lired ..caewr co......edo.. tluratioa esceeu .ae (I) year)
SOUTH FLORIDA WATER MANAGEME'NTDISTRICT
Fart Myers service Center
2301.}ok: ~ Boulevard
FOrt Myers. FL 33901
PERMIT NO.
PROJECT NAME:
APPLICATION NO.
PHASE:
~ontroJ StruCture(s)
% of Comoletion
Date' of Anticipated
Comoletion
Date of
Comoletion
Benchmark Description (one per major control structure):
SWM Facilities
%of Completion
pate of Anticipated
Comoletion
Date of
Comoletion
La.lce( 5)
Ditch(es)/Swale(s)_
Exfiltr. Trench
Dry Area(s)
Berm(s)
Print Name
Phone
Date
Permittee's or Authorized
Agent's Signature
Title and Company
page 1
I
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SOUTH FLORIDA WATER ~AGEldEm DISTRICT
Environmental Resource/Surface Water Management
Permit Construction Commencement Notice
FORM 0960
08/95
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2301 McGregor Blvd.
Ft. Myers, FL 33901
PROJECT NA..\1E:
PHASE:
I hereby notify the South Florida Water Management District FieJd Engineering Division
that construction of the surface, water management system, authorized by Environmental
Resource/Surface Water Management Permit No. under Application
No. has commenced/is expected to commence on 199_ and
will require a duration of approximately Imonths (weeks /days to
complete. Should the construction term extend beyond one year, I will submit Form No.
................'..H.." ..'.. _ '__'m..__......,_..,," _.._.._...... _....."...._..".._._...._..__. _. ~ ._,..".,_......._".,,__......... ~_ ,.......... _. ._"."H'"____''''' u_"_ ........_...~'H,.._,._.._.__.__._.__..,.._._....._.._._~_...... _,,_...__...._._...._....._.
0961, Environmental Resource/Surface Water Management Permit Annual Status Report
for Surface Water Management System Construction, to the District.
PLEASE NOTE: If the actual construction commeDCeIDCnt date is DOt kno~ District
staff sbouJd be so notified in writing. This will eliminate the necessity of fi1rtber post permit
compliance action coucerni:ng satisfaction of the Permit condition.
Permittee's or Authorized
Agent's Signature
TitJe and Company
Phone
Date
page 1 of 2
South Florida Water Management District
SURFACE WATER MANAGEMENT PERMIT
SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION COMPLETION
CERTIFICA TION- FOR PROJECTS PERMITTED PRIOR TO OCTOBER 3, 1995.
FORM 08818
09/2003
ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION
PERMIT NO.
APPLICATION NO(s),
PROJECT NAME:
PHASE:
The subject surface water management system has been constructed and completed as follows (check all that apply):
DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures, Attach
additional sheets jf needed,
Structure Identification Number:
o Weir: width crest
o Bleeder: type dimensions invert
o Additional discharge structure information attached,
RETENTION/DETENTION AREA(S): Please provide the requested information far all permitted retention/detention areas,
Attach additional sheets if needed.
Retention/Detention Area Identification Number.:
Size (acres)
Side Slope (h:vl
Additional retention/detention area information attached,
D
The surface water management system is currently functioning as intended by the permit, including level of
water quality treatment,. level of flood protection, and storm attenuation.
All wet retention/detention area side slopes have been adequately maintained and stabilized to support the
operation of the surface water management system.
EXAL TRATION TRENCH"'- The downstream mechanism {weir) designedtoretain-waterin theexfiltrationtrench-is
installed at the permitted elevation, in substantial conformance with the permit Also, attached is a certified drawing
with the current dimensions, induding length and crest elevation, of the permitted weir.
CONVEY ANCE SYSTEM ONLY. The components of the permitted surface water management consist of inlets,
pipeS or other form of conveyance system. Confirmation of ditches, canals, and/or swales is provided on the attached
cross-sections.
o
o
o
'-0
Please indicate the location of the appropriate benchmark(s) used to determine the above information on the record drawings
(40E-4.381(1)(f). FAC,), All elevations should be according to National Geodetic Vertical Datum (NGVD),
I HEREBY NOTiFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE
SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT THEY
HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS
PERMITTED BY THE DISTRICT, WITH EXCEPTIONS AS NOTED ABOVE. [A COPY OF THE APPROVED PERMIT
DRAWINGS IS ATTACHED WITH DEVIATIONS NOTED, IF APPLICABLE.]
Engineer's Signature, Seal and Date: Please Print or Type:
Engineer's Name
Company Name
Address
Authorization No. of Engineering Business (if applicable)
Telephone Number
E-mail
/lU1e 14-4'3
STATE Of' R.ORIOA OEPAATMENf Of'T!l>>lSFORTATION
UTILITY WORK SCHEDULE
71().{J10-M
UTlUlll:5
12Ml1
PiIge 1 0(5
Financial Project to: 421936-1-58..01
County: CoUier Pro. # 33124
District Document No: 1
UtIlity Agency/Owner (UAO): CenturyUnk :
A.
T Federal Project 10: NJA
I State Road No.: 29
Summary of Utility Work And Execution
Total Time Prior To FDOT ProjectConstnlctlon
Total TIme During FDOT Project Construction
Estimated Time
(calendar days)
, 0
52
This documenthas been developed as the method for a Utility Agency/Owner (UAO) to transmit lethe Florida ~partment of Transportation
(FOOT), the FDOT's COntractor, and other right-of-way u~,Jhe location,relbCation, adjustment, installation, and/or protection anheir
facilities, . on thIs FOOT project. The folloWing data is based on FOOT preliminary construction plans. dated 12/201'0 . Any' deviation by the
FOOT or its contractor (rom the plans, as provided, may render this worlc schedule null and void. Upon notification by FOOT of such
change, this utility may require additional days for assessment and negotiation of a new work schedule. This UAO is not responsible for
events beyond the control of the UAO that cooldnotreasonably be anticipated by the UAOand Which could not be.avoided by the UAOwith
the exercise of due diligence at the time of the occurrence. The UAO agrees to notify the Department lnwrttlng prior to st3rtlng, stopping,
resuming, or completing work.
UAO Project Representative:
UAO Field Representative:
Deb Corbin
Perry Prescott
Telephone Number.
Telephone Number.
239--263-6211
239--707~3841
This document is a. printout of an FDOT fonn maintained in anelectronii;: fur'mat and all revisiona thereto by the UAO in the form of
additions, deletions or substitutions are reflected only in an Appendix entitled "Changes to FormDocumenf' and no change. is made in the
text of the document itself. Hand notations, on affecfed portions of thJs document may re.ferto changes reflected in the above-named
Appendix but are fot reference, purposes only and db not change the terms Of the. document. By signing this document. the UAO hereby
represents that no change has been made to the text of this document except through the terms of the appendix entitled 'Changes to Form
Document".
You MUST signify by selecting or ctlecking which of the following applies:
~ No changes to forms do.cument
o Appendix "Changes to FOITTIS Doeumenf'is attached. _ Number of Attachment Pages.
Authorized Utility Agent:
.....EngJneer of .Rlilcord (EOR):
Acceptance by District UtIlities:
(Signature)
Deb Corbih
(Printed Namel
CenturyLlnk Engineer
(TItle)
(Signature)
WayneP, Hartt, P,E.
(PrlmlJd N;i\me)
EOR
(TItle)
(Signature)
Walter L Childs
(Prl~ Name)
District Ut~itY Administrator
(TItle)
(pate) (Date) (Date)
("'When requested by the District. the EOR will attest to compatibility of plans. specifications and Utility WOI'k $chedule)
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ITB 11-5679
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
Do AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: 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 Wilson Miller/Stantec
and identified as follows: Intersection Improvements Lake Trafford
Road and SR 29 as shown on Plan Sheets 1 through 104.
EXHIBIT N: Contractor's List of Key Personnel
ITB 11-5679
PUBLIC NOTICE
INVITATION TO BID
Intersection Improvements Lake Trafford Road and SR 29
COUNTY BID NO. 11-5679
Separate sealed bids for the construction of Intersection Improvements Lake
Trafford Road and SR 29, addressed to Mr. Steve Carnell, Purchasing Director, will be
received at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 2nd day of May 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 10:00 a.m. LOCAL TIME on the 13th 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, Intersection Improvements Lake Trafford Road and SR
29, Bid No. 11-5679 and Bid Date of May 2, 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 and (GC-P-1 through 13) 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.collieraov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
GC-PN-1
ITB 11-5679
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and fifty (150) 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 31st day of March 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ SteDhen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
ITB 11-5679
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 I 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. PreDaration 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 Trail 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 specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
GC-I B-1
ITB 11-5679
Section 3. Bid DeDosit Reaulrements
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. Riaht to Relect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive infonnalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
Section 5. SiGning of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
GC-IB-2
ITB 11-5679
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, property
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. Interoretation 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.
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;
GC-I B-3
ITB 11-5679
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 Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
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.
GC-IB-4
ITB 11-5679
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. I n 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 (FI Stat 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.on::J/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
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
GC-IB-5
ITB 11-5679
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permitlfee 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.
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.
GC-IB-6
ITB 11-5679
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 andlor firm
for cause.
Section 17. Lobbyina
All finns are hereby Dlaced on NOTICE that the Board of County Commissioners
does not wish to be lobbied. either individuallv or collectively about a Droiect for
which a firm has submitted a reSDonse.
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 aDDroval, 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-IB-7
\\
ITB 11-5679
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Intersection Improvements Lake Trafford Road and SR 29
BID NO. 11-5679
Full Name of Bidder Gulf paving COlr.pany, Inc.
Main Business Address 3460 Met!"o Park..ay, Fort l1ye:-s, F1 339H
Place of Business 3460 I-!etrc Parkway, For" Myers, 1'1 33916
Telephone No.
2.39-33'l-3552
Fax No. 2B-:D3-C9~C
State Contractor's License #
GCGA20731
State of Florida Certificate of Authority Document Number
281702
Federai Tax Identification Number
59...1052626
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 carefuliy examined the locatiol1 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
accordil1g 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 COl1tractor by the Contract Documents, and that it will take
full payment the sums set forth in the fotlowing 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.
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ITS IJ-5679
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 mal1ufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Mal1ager, Bidder shalf 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)
011 behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Company: Gulf Pa.ving CC!:Ipany, loc.
s;gnature _-(:.... ~4&e
Date: 5;2/2011
Section B (Exception requested to Bid specifications manufacturers al1d materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5,
Please insert additional pages as necessary.
Company: G<llf Paving COlljpany, Ine.
Signature -t' ~,O(
Date: 5/2/20] 1
GC-P-3
JTB 11-5679
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 Il1structions 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 Subcol1tractors ill 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 undersigl1ed acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Work
Subcontractor and Address
1.
80:3 1 ~~ai :11 ine Park,.;ay
Striping & Signage
Roadsa::e T:;.-affic Systems ::o'or!:. f1:yers, ~'lc.r.ida 33312
2.
Signals & Electric
EB Si\7lffi'8nda
3~SO Er~ce~p~is~ Ave~~ #300
Naoles, Flcrlda 34104~3659
3.
Milling
:. ~;~ 9if;:r.c.hmCi.~k ~~;e
Pavement l"'.laint.enance, ":I:C. Fort'. Mjrers. FL 339C5
4.
5.
Company: Gulf Paving Ccmp;my, Inc.
Signa,"re -+ ;(,.,.,,~
Date: 5/2/2011
GC-P-4
ITB 11-5679
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
Prolect and Location
Reference
1,
See Attached "CQl:lplet"d P::-o:i"c'C List"
2.
3.
4.
5.
6.
Dated .$/2/20:"'1 Gul: Paving company, Inc
Bidder
BY _:(- ,("'''''''IZ.
GC-P-5
-,--"....------'.,--...-..-.-'-...'..... . ...-.-.---~------'-
NAME OF CONTRACTING CONTACT CONTRACT COMPo BONDED
PROJECT COMPANY NAME AND # ARCH. AMOUNT DATE V!N
Human Services Michael Tisch Lee
Sidewalk Lee County 239.533.8110 County $387,000 2010 Yes
ISLAND COAST CHAD GOINS SONG &
H.S. I 643-6000 ASSOC. $1,285,215 2008 NO
KRAFT CaNST.
CHARLES
ROCKFiLL INDUST. SOUTHSlDE MAYHUGH BANKS
PARK GARDEN ASSOC. 278-4845 ENG. $1,065A48 2008 NO
I BARANY
SCHMITT
SUMMERS
CANTERBURY KEN GENTRY &
SCHOOL OAK. 561-4141 WEA VOR $1,118,166 2007 NO
THROGMARTIN BANKS
PALAZZO DEL SOL CO. KERRY ENG. $2,808,071 2007 NO
GEORGE GRADY
REMiNGTON OAKS RYLAND GROUP SCOTT MINOR $2,106,542 2007 NO
SCHOOL SCOTT DA VlD
IDA BAKER DISTRICT OF LEE RICKENBOCKE DOUGLAS
ATHLETIC FIELD COUNTY R & ASSOC. $1,836,992 2006 YES
1
SOUTHWEST I MORRIS-
REGIONAL i SKANSKA TRACY HUNT DEPHEW $5,350,000 2009 YES
COMPLETED PROJECTS
GULF PAVING
__....f_.....___._~,..~~........_.....,.....,_____
TRENCH SAFETY ACT
lTB 11-5679
Bidder acknowledges that included in the various items of the bid al1d 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}
1,
Slope To ,,-epose
2.
3.
4.
5.
Units of
Measure
(LF.SY)
Unit
{Quantity)
Unit
Cost
$J.25
$
$1,062,~C
Extended
Cost
$.~,C62,sn
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 5i2/2011
LF
S5:J
TOTAL
Gulf Paving Company, Inc,
BY:
_ fdder
.~
.
GC-P-6
ITB II -5679
~';
Cottiey COHTl.tV
..oJ,,_.J..... ...-..... ,.., . -0'.','._'-" .... ....,.....v.,~.,..':....~.
J:':'-j.tr~r;is;ri3~~'.h~ Z~~r\..':G~::: ::~:'; '\,'l.~i;:.n
:-~;r'::hJ:.;I'-:~
Immigration Law Affidavit Certification
Solicitation # and Title: Intersection Improvements Lake Trafford Road and SR 29
This Affidavit is required and should be signed, notariZed by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITS'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 vendorslbidder'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 oroaram.
may deem the Vendor I Bidder's proposal as non-resDonslve.
Collier County wiH not intentionally award County contracts to any vendor who knowingly employs unauthorized
aHen workers, constiMing a violation of the employment provision contained in 8 U.S,C. Section 1324 a(6) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized atiens 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 Immigratron
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 Verificatioft System
(E-Verify), operated by the Department of Homeland &lcurity in partnership with the Social Security Administration
at the time of submission of the Vendor's I Bidders proposal.
Company Name
Gulf Paving Company, I~c.
Print Name
Tim La'.lse
Title ?reside!:.;:;
(~~
Date S/2/20ll
Signature
State of
County of
The ~regOing instrument was signed and acknowledged before me this ~day of ~ 20lL... by
'\ \ 11\, l \.l..U. ~ ~ wtlo has produced ~ '\S'C \,'\tl \.~ K \"\..1;; ~n as identifICation,
(Print or Tv. e Name) pe of Identi- fion and Number)
C" ["\
..~ ETHYLENE l UITHOFF
~ Metary Public - Slat. oJ Florida
. i My Comm. ExpIres Oct 18, 2014
'[!!/ COI{lfIliulon # €€ 14875
"""....,.. Itonded Tlttllugll Nalional NOlllY Assn,
Notary Commission NumberlExpiratio
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
------------............----....-,...-..........-......--...-----
ITB 11-5679
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, Il1surance
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 al1d fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreemel1t,
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 OWl1er's actual damages at the time of biddil1g if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner,
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within one hundred and fifty (150) 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 calel1dar
days after Substantial Completion, computed by excluding commencement date and including
the last day of such period.
Resoectfully Submitted:
State of ;:>J,,,:::ida
County of Collier
r-- oJ.
\ i:VV'l ~ , 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.
"- l,~ L ~{' J also deposes and says that it
has examined and carefully prepared its Bid from the Bidding Documents, including the Contract
Drawings and Specmcations 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
Flo::-ida , which operates under the legal name of Gulf Paving Ce,mpar,y, lr-.c
, and the full names of its officers are as follows:
GC-P-8
ITB 11-5679
President
TiEl Lause
Secretary
Carolyn Lause
Treasurer
Ca.rolyn Lause
Manager
Michael Lau.se
The he!l~d"n;;
contracts for the
is authorized to sign construction bids and
company by action of its Board of Directors taken
, a certified copy of which is horeto attached (stril(Q out this
last sent~ll(.e jf f ,ot 2!lppIiGsble).
(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 l1ame, said trade name is
, and if
DATED
legal entity
\Mtness
BY:
Name of Bidder (Typed)
Witness
Signature
Title
GC-P-9
'---~~'~'--'---'-"'-_"'-........,.....~..,-,~.-. '~_~"_'~~'''~_''__''"H'' .___'___..__
STATE OF
COUNTY OF
ITB 11-5679
The foregoing instrument was acknowledged before me this _ day of
by as
corporation.
He/she
is
,a
personally
(did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
known
, 2011,
of
corporation, 011 behalf of the
me or has produced
as identification and did
to
NAME:
GC-P-1 0
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
ITB I 1-5679
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we GulfPaWlgCompll1'fP.O,Bolll~.FOltMyllrs,Fl33902-1584
(238)334-3862 (herein after called the Principal) and
we-.. ilIaly Company 101 S, PhII.pO...., Sklw< F.... SD li7104 (4lI7J 91& - 3tlll4
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of SouhDalcola with its principal offices in the city of SlcuxFo" and
authorized to do business in the State of FIoI1da are held and firmly bound unto
the Celier Cotmty - of Cou'lly CoInnUaItnots 3299 1...8111; Trei ElI$I, Suia> 303, N;pIes, R. 34112 (h e re inafter ca lied
the Owner), in the full and just sum of FIVe Perl:8nIoItheAmo<JnlBld
dollars ($ 5'K ) 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:
Intersection Improvements Lake Trafford Road and SR 29
Bid No. 11-5679
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
.give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 1,148,00 noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Oocuments, then this obligation shall be null and void,
otherwise to remain in full force and effect.
IN TESTIMONY Thereof. the Principal and Surety have caused these presents to be
duly sig ned and sealed this 711I day of Apri' , 2011.
GLUP~~ ~
BY 1:- #\ f(J.I U.f
W!51'>fT\ Sur.!. CanI>anY Surety
. ..IU~PAUtt (Seal)
Jc>ephW.l.D_, _'J~FIortd8RosI_Ag8nl~n. ,,~.
Countersigned . t"~
JOHph W. ~ AUomey-ln-Focl & FlOOdo Resident AQllnl
Loca I Resident Prod u cing Agent for 8rDwn & Bra.m of Flodd'l, In: po, 8cx 15519, T"""", R. 33684 (813) 226 -1:>22
Principal
(Seal)
GC-P-11
\I\':stern Surety Com~ny
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Present$, That WESTERN SURETY COMPANY, a South Dakom corporation, is a duly organized and existing corporation
hllVing its principal office in the City of Sioux Falls, and Stille of South Dakolll, and that it docs by virtue of the signature and seal herein affixed hereby
make, COlISlitute and appoint
Joseph W. LoPresti, Steve Ayers, Anna Lee Duncan, Mary Jane Gwyn, Mia Bush, Individually
of Tampa, FL, in true and lawful Ano~5)-in.Fact with full pIlwer and authorily beleby conferred to sign, seal and execute for and on its behalfbonds,
undertakings and other Obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it theteby as fully and to the same extent as if s9ch instruments were signed by a duly authorized officer of the corporation and all the acts of said
Anorney, PUlSUanl to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made lInd executed pursuam: to and by authority of the By-Law printed on the ~Cl5e hereof, duly adopted, as indicaled, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these ple$enlS to be signed by its Senior Vice President and its COTpOI'llte seal to
be hereto affixed on this 30th day of July, 2008,
WESTERN SURETY COMPANY
r?/~ .
Paul ,BlUR!!, Senior Vice President
Slate o(South Dakora
County of Minnehaha
} 55
On this 30th day of July, 2008, befurc me personally came Paul T. Bruilat, to me known. who, being by me duly sworn, did depose and say: that he
resides io the City of SIOUX Falls, Slate of South Dakota; that he is the Senior Vicc President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to tbe said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Dlredors Qf said corporation and that he signed his llllIlle thereto pursU3JIt to like authority, and
aclmowledges same to be the act and deed of said COIpOrlltion,
My commission expires
November 30,2012
+~~~~~~~~~~~~~~~~+
$ D. KRELL $
~NOTARY PUBLIC~J
$~SOUTH DAKOTA~$
t..................""."................................. +
~
~,<<~'"
CERTIFICATE
l L. Nelson, Assistant Secretary of WESTERN SURIITY COMPANY do hereby certify that the Power of Attorney hereinabove set fanh is still in
force, and further certify that the By-Law of the corporation printed on the reveISe hereof is still is force. In testimony whereof J have hereunto subscribed
my name and affixed the seal of the said corporation tt1is 7th day of April, 201 L
WESTERN SURETY COMPANY
~ ~~~-.ry
FOllJ1 F4280~9~6
_._---_.-._--'."-~_.-.--~---..-.-'-~_..---------.---............._--
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power (If Attorney is made and executed pursuant to and by authority of the fullowing By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secmary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies. or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
ITB 11-5679
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, ete, have been included.
5. Any delivery information required rs 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 Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number
~roject Name
~Opening Date
12. The Bid will be mailed or delivered in time to be received no later than the specified
ooeninq date and time, othelWise Bid cannot be considered.
ALL COURIER-DELIVERED 81DS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Gl..'ll.f Paving Company I Inc.
::~~~LJP ".."."
[)ate: 5/2/20}1
GC-P.12
...............-...--.----....._._......----,.-........--_.....~.-..---.-..--_._._....-.---"-..._-..,.-........_~-
=""... ""-----.--.........-..---......---....----..--.------.............,---...-
5T ATE OF FLORIDA DEPARTMENT OF TP.ANSPORT ArlON
NOTIFICATION TO FOOT OF EEO OFFICER
275.021-13
EOUAl OPPORTUNITY
O"!/07
Office ,
Mail signed original to:
605 Suwannee Street-MS 65,
Talfahassee, Ft 32399-0450
Section 1: COMPANY tOENTIFICA TION
1. ~~tI!(;!l!U~!I!l'~:HH H' H" ....
Gulf Paving Company, Inc
~..~~~~~.Maijj~iAddress: (street)
3460 Metro Parkway
5. Main Phone Number: _._'.n...
".--..-.." ,....._.-.~.....
239-334-3652
7. What is being i Initial EEO Officer Notice to FOOT
Chilflged? I 0 Yes 1 No
Section 2: EEO OFFICER IDENTIFICATION
a. Name of &0 Officer: ( first name, middle initial, last name)
Michael Lause--....'..-'....-.'H '-"'-".--,
po:.Work.AddieSs.~!:~E()~ffi~r~J~trll\ltl ..._, .... ",..
3460 Me.!z:.~..E~~.~?y_...._____"..._HH.
12. SEa Officer Phone Number.
~__... ..'.'..'H" .. .'....'__.._______.._,_...._..,.
239-334--3652
~EO Offlcere'mail address;
, 9. EEO Officer'. Working Title:
TS'e-n1o;'-Estlmator '" ,,""...--..-
: 11. Work Address of EEOOfficer:'icfti;state, zfpr--'-'
...J}ort"Myers, Fl33916 "., ,..._...,,-,.."'~~~~,-.~~_~-::.._..-
. 13. seo Officer Fax Number:
i 239.333-0940
michael@gulfpaving,com
!
Section 3: SIGNATURE OF CORPORATE OFFICIAL
. As required in the Equal Employment Opportunity Special Provisions included in Federally Funded
I 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 i
· Officer appointment (and/or update) is made to the Florida Department of Transportation and the ii
: 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 j
I ~: :~:::i::,onstru~ion COnUad Con1~lianc:workboo::"DO<<~i>. . ... ..._~
I 5/2/2011
I
I
Tim Lause
, 18. Official's Title: (printed'
President
(This Section For FOOT Use) Section 4: Processing of Notification
· 19, Processed by: (First and Last Name)
20, Date Processed: (mcldayfyr)
DlSiFlI8UTiON:
I UPOATH.CTlON:
Original to FOOT Central EO Office Files; Copy: Mailed to Contractor
Input In EOR System
I
I
-1
~_._---------.........---...............---------
...........------..-.......---...------...-----..-.-----...-----....-.-----
275.D2~~'3
EQUAL OPPORTUNITY
01/07
State of Florida Department of Transportation
EEO Officer Notification
This form is used by contractors to commul1icate the appointment of an EEO Officer and to provide
EEO Officer Contact data. The fonn is also used to update that information in the event of new
appointees, name changes or contact data changes. Refer to the EEO Construction Contract
Compliance Workbook and the FDOT contract for compliance program requirements and instructions.
The contractor maiis original of the completed form to
FDOT Equal Opportunity Office
605 Suwanl1ee Street-MS 65
Tallahassee, F! 32399-0450
A copy of the form is returned to the contractor upon completion of processing by FDOT
General: Complete all boxes each time this form is submitted
Section 1: Proiec! Identification
Box 1 Contractor Name - The name of the contractor.
Box 2 FEIC No. - The contractor's Federalldentmcation Number
Box 3 - Home Office Mailing Address (Street) - The contractor's home office street
address; if the business' home office is outside of Florida, indicate the addrEss of the Florida
Home Office.
Box 4- Home Office Mailing Address (City, State, Zip) - The contractor's home office city,
state and zip code; if the business' home office is outside of Florida, il1dicate the address of
the Florida Home Office.
Box 5 Main Phone No. - Area code and phone number contractor's main business phone
Box 6 Fax Number No. - Area code and phone number contractor's main fax
Box 7 What is Being Changed? - Mark 'Yes' or 'No" to indicate if this is the company's
initial submission of EEO Officer information; If a new person has been appointed as EEO
Officer, If the appointee of record had a name change, and if the appointee's contact data is
being updated.
Section 2: EEO Officer Identification
Box 8 Name of EEO Officer - First name, middle initial and last name of EEO Officer
Box 9 EEO Officer's Working Title - Job title if the EEO Officer has other duties (e.g.
Treasurer, Manager of Contract Services, etc)
Box 10 Work Address of EEO Officer (Street) - Address of EEO Officer's office
Box 11 Work Address of EEO Officer (City, State, Zip) - Address of EEO Officer's office
Box 12 EEO Officer Phone Number - Area code and phone number for EEO Officer
Box 13 EEO Officer Fax Number - Area code and fax number for EEO Officer
Box 14 EEO Officer email address - EEO Officer Email address
Section 3: Sianature of Corporate Official
Box 15 Appointing Official's Signature - Signature of Company Official responSible for
EEO Officer Appointment
Box 16 Date (MolDayNear) - Date appointing official signs this Notification form
Box 17 Official's Name (printed) - Printed first name and last name of person signing Box
15
Box 18 Official's Title (printed) - Printed title of person signing Box 15 (e,g. President,
CEO, etc)
Section 4: Processina of Notification
This section is completed by FOOT
Box 19 Processed by - First and last name of person processing the Notification
Box 20 Date Processed - Date processing is completed
$TAlE OF FlORIOA oEPAA1'Marr <lFTRAHSPORrATION
NOTIACATION TO FOOT OF EEO OFFICER
27s.il:!'.13
EQUAI.~
01/Q7
FOOT Eaual OPOOrtunitv Office .
Mail signed original to:
605 Suwannee Street-MS ,65.
Tallahassee, F132399-Q450
Section 1: COMPANY IDENTIFICATION
1. ~ Name: 2.. FEID No.:
Golf PaVing Company, Inc. 59-1052626
3. tIotrnl OfIicaMallng ~s: (street) .___._..____.., .t, Ho~ Office MaIling Ad!:Ireu: (dty, state; Zip')
3460 Metro Parkway FortMye~, FL 33916
,5. Malo Phot1i1llwnblr': 6. Fax NuiDber.
239-334-3652 239-333-0940
7. Whlll: I, being I initial EEO OffiCer Notice to FOOT I New Person r AilDointee ChanOlld Nalme I Contact DaIa CbaRnld
~l, I/X]'(es [J No I Dyes 0 No rT lYes r 1 No "I []Yes (]No
Section 2: EEO OFFICER IDENTIFICAtiON
8. ~ 01 EEO omeet: I fk'st name; nilddle Inilial, I&It Mill)
John MichaellaiJ$e
10.' WotI(Ad~ Of EEO officer: (Str.eet) ,
3460 Metro Parkway
1.2. EEO Officer Pho,. Numtiei:"
239-:334-3652 , ,
14. EEO OftIcer emalradcll'llA:
9. fEO OffIcer's Working Tile:
Office Manager
11. Work Address of EEO Offi*- {city, StBte, ~~~.... _,_
I Fort Myers, FL. 33916 ._
,I ;;9-e;~ Fax ~~:_
.--..- .._~
M"JChael@gulfpaving,com
--
Section 3: SiGNATURE OF CORPORATE OFFICIAL
As required in the Equal Employment Opportunity Special Provisions inCluded in Federally Funded
HighWay Construction Contracts and as retluired 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 arid the
U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO~' 'leer. the EEO Polley and other aspects of the consttuctioi1 contract compliance program may
be f d ji~'! EEO Consth.id:ion Contract Compliance Workbook.
-'
.. ,I ~ .. " G'I.l "',~/:P ~ '. '.. ' ., . , _ , __". .._' ,
15.-~ lIl!iIllii100ftfcIU'$S~!$lUnt:- ..', ' , 16. OdI:(II!lJDntYr.]
I ~2010
11. 0fIIcWs Nlrile: (printed)
TimLause
18. otIIdIl's TIIe:(printlcl)
President
(This Section For FOOT Use) Section 4: a;,oceslSirig of Notification
^ ., ".,'
19. Proc::lIis$ed t' : (Fi 'ani:llll It N~ ow.- _
;II'" ,. n "
:A 11 , ~UA&{r
0lS1'RlBIJT1Cf(: _ '....11""" il.fl.lV ~VJI"" "U'. CopJ: MaIled 10 ConndDr
lWIlATE ACTlOO: , , ,1rIliJt In '
20. Dale Processed: (mo/daylyrl
!( , 1)"'.
TT
J'i.cleDDaWmEH1 a: fIW8l(RTAm
EOOAl.~
~OVED' ' ,',.
j)lSAPPROvED:::3ti1' '
MTE:......__, f~
.
EWM PolIcy & PlAH
PAGE 1 OF 8
l'---.-----'---.--.....~-...-.-.-'--.;.;----.,"'-'-.'---------.-~,......'""'-'--~--.-..-~----.-.....--j
! Gulftlavinq COmPany t Inc. i
I bereafter referred to.as 'th.e Company' Or 'this Company' ado this pOlicy and plan
) Date: 3/3/2010 By:
~
I
l__.:.......--__.___-.:..-___..___.._~__.~_.,._~____._...___...__.___..___.___.____..___._._._______J
EQUAL EMPLOYMENT OPPORTUNITY AND
AFFIRMA TIVE ACTION
EEO/AA POLICY AND PLAN
EEO/AApOLlCYST A TEMENT
It is the policy of this Company to comply and cooperate to the fullest extent with all
appliCable regl,Jlatlons of the Equal Employment Opportunity Provisions of the Civil Rights
Act of 1964, Executive Order 11246, the Rehabilitation Act of 1973 (29 U.S.C. 793), the
Americans with Disabilities Act (ADA) of June 26, 1990 and the Vietnam f.:ra Veterans
Readjustment Assistance Act of 1972, all as amenc;:led. This ~"Cy pert~inS. 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 riot to discriminate against MY employee or applicant
for employment because of race, religion, cOlor, age, sex, and national origin, disabilities ot
V.etnarn Era and Special Disabled Veterans status.
This Compa'ny win take affirmative action to assure an equal employment opportutlity
to all qualified persons, and that employees ate treated equally during employm~ntwithoUt
regard to their race, religion, color, age, sex, national origin, disabilities, or Vietnam Era and
Special Disabled Veteran's status. Such action shall include but not be limited to: '
1. Employment, upgrading, demotion, or transfer.
2. RecriJltmetrt and recruitinent 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.
fEO OFFICER DUTIES
It is the policy of this Company to continuously msintain the appOintment of an Equal
Employment Opportunity Officer (EEO Officer). the name and <Xi'ntact information fat the
EEO Officer will be communicated alaig With this policy. The EEO Officer has responsibiflty
for effectively administering and promoting an active program of equal employment
opportunit The EEO Officer will coordinate the EEO efforts of superintendents. supervisors,
foremen and others in the position of hiring personnel.
r.......-- .
EEOlAA POLICY & Pl.AN
PAGE 20Fll
This Company's EeO Officer has the responsibility for effectively administering and
promoting an active program of equal employment opportunity Within the Company. The
EEO OffiCer wi" make recommendations, where appropriate, to correct any deficiencies
found In the Company's program. The eEO Officer will ensure that this policy and plan a're
being carried out.
EEO/AA PLAN
It is the polley of this Company that there not be any discrimination by virtue of race.
religion, color, age. sex, nanOrial origin, disabilities or Vietnam Era arid Special Veterans
status, in the fu.,ctions of hiring. placement, up..grading, transfer or demotion. In addition.
there shall not be any discriminatory practices in "'~ruitment. advertising, or solicitation for
employment, rateS of payor other forms of compensatlo." selection for training including
apprenticeship, layoff or t~rtnination, Or treatment during employment. The Company has
affirmative action obligations in the hiring of minorities, females, disabled and veteran's
appliCallts.
We will not use goals, timetables Or affirmative action standards to discriminate
against any person because of their race, religion, colOr, age, national origin. disabilities, or
Vietnam Era and Special Disabled Veteran's status.
This Company shali take specific affirmative actions to ensure equal opportunity. OUr
compliance With this poUey and plan shall be based upon our efforts to achieve maximum
results from our aaions and we shall document our efforts fully. This Company will
implement specific affirmative action steps, at least as extensive as the following actions t6
ensure equal employment opportunity:
1. Ensure and maintain a WOrking environment free of hara$$men1, intimidation, and
coercion at all times and in all facUities at which our employees are assigned to, work.
We shall specifically ensure that all foremen; superintendents alid other oll"slte
supervisory personrd are aWare of and carry out our obligations to maintain such a
working environment.
2. Establish arid maintain a current list of minority ahd female recruitment sources.
provide written notification to mitlority and feniale recruitment sources and to
community orgahizations when we have employment opportunities available, and
maintain a record of the organization's responses.
3. Maintain a current file of the names. addresse$ and telephone number of each minority
and females off-the.-street applicant or female referral from a union and minority or
female referrals from a unIon. a recruitment source or community organization and of
what action was taken with respect to each such individual. When applicable 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.
eeOlM I'CUCY & PLAN
PAGE 3 OF6
4. When applicable provide immediate written notification to the Director when the union
or unions with Which we have a collective bargaining agreement have not referred to
us a minority person or wOman sent by us. or \Yhen we have other information that the
union referral process has impeded our efforts to meet oUr obiigations.
5. Develop on-the--job training opportunities and/or participate in training programs for the
area which expressly include minorities and wotnen, induding upgrading programs
arid apprenticeship and trainee programs relevant to the Company's employment
needs, especiaUy those prOgrams funded or approved by the Department of Labor.
We shall prOvide notice of these programs to the sourcee complied urider "2" abOve.
6. Disseminate the company EEO poUcy notice by providing notice to the unions and
training programs and requesting their cooperation in aSSisting us in meeting our EEO
obligations; by including it in eny policy manual arid collective bargaining agreement:
by publicizing' it in the company newspaper, annual report, etc.; by specific review. of
the' policy with alf management personhel al"ld 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 annuaffy, the Company's E:EO policy and affirmative aCtion obligations
under these specificatiOns With all employees havin~ any responsibility fqr hiring,
aSsignment, layoff, tsrmlnation or other employment c;lecisions includil19 specific
review of these items with onsite supervisory personnel such a$ Superintendents,
General Foremen. ete, prior to the initiation of construction WOrk at any job site. A
written record shad be made alid maintained identifying the time and place of these
meetings, persons attending, subject matter discuSsed and diSposition of the subject
mattel'_
8. Disseminate the Company EEO policy externally by including it In any advertising In
the news media, specifically including mlnorlty and ~male news media arid proving
written notification to and diSCUSSing the company EEO policy With other contractors
and subcontractors with whom the company does or antiCipates doing bLisiness.
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 plior 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 pres'ent minority and female employees to reeroit other mirt6tity
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.
1""'- ,
1
i
j
i
EEOIM POLlCY " PLAN
PAGe 4 OF II
11. Validate all test and other selection requirements where there is an obllg$tion to do
so under 41 CFP Part 60-3.
12. COnduct at least annually. an inventory and evaluation of all minority and female
personnel for promotional opportunities and encourage these employees to ptepare
for, through appropriate training, etc. such opportunities.
13. Ensure that seniority practices, lob classifications, work assignments and other
perSonnel practices, do not have a diScriminatory affect by continually monitoring all
petsbnnBl and empfcyment related activities to ensure that the EEO pOlicy and our
obligatiof'ls under these specifications ate being carried out
14. EJisure that all faa1ities and Company activities are oon-segragated except that
separate or singre--user toilets and necessary changing faci~itles shan be provided to
~nssure privacy between the sexes.
15. Document and maintain a record of aU solicitations of offers for subcontracts fn:lm
minority and female construction contractors and suppliers, Including cirCulation of
sOlicitations to minority and femare contractor associations and other bu$iness
associations.
16. Conduct a review, at least annually, of all supervisors' adherence to and performaliCe
under the company EEO policies ahd affittnative action obligationS.
RECORDS
This company will kee~ records to monitor all employment related activity to ensure
that the company's EEO polley iB being carried out. Records shall at least include for eaCh
employee the name, addreSs, telephone numbers, constrUction trade, union affiliation If any,
employee identification number when assigned, social security number, rate, 8EtJ<, status (e.g."
mechanic, apprentice, trainee, helper, or laborer), dates and changes in status, hours worked
pet week in the indicated trade. rate of pay, and locations at which the work was periormed.
REPORTING, OF COMPLAiNTS
If at any time anyone feels he tit she haS been discriminated against becau~ of ~,
ra~, religion, coior, age, national origin, disabilities or Vietnam Era and Social Disabled
Veteran status, they should report this matter to the company EEO Officer whose name and
contact information is communicated along with this policy.
The EEO OffICer will investigate all complaints of alleged discrimination made to the
company in connection with its contractual obligations. The EEO Officer will attempt to
resolve sueh complaints, corrective actions to be taken and will then follow op on actions
taken and their effect. If the investigation indicates that the diSCrimination may affect perSonS
Other 'that the comptainant, suCh corrective actions shaU include such other persons. UpOn
completion of each investigation, the eEO Officer will inform every comRlainaht of all of his or
her avenues of appeal. The addresses shown below are such avenues for appeals.
EEOIAAPaJCY Ii PLAN
, ,
Company EEO Officer
See name and contact infOrmation
subSequently shOWn or posted.
U.S. Dept. of Labor, Regional Director
OffiCEJ of Federal Contract Compliance
61 Forsyth Street, SW, Room 78-75
Atlanta, GA 30303
U.S, Equal Eml'foyment Opportunity
CommisSion
Miami District Office
Orie Biscayne Tower, Suite 2700
MIami, FL 33131
800 669-4ClOO
PAt1E. 5 OF 6
Aol1d.a CommiSsion on Human Relations
2009 Apalachee ParkWay.
Tallahassee, FI32303-4102
850 488-7082 or 800 342.:5170
U.S. Federal Highway Administration
545 John Knox Road Suite 200
Tallahassee, FL 32303
U.S. Equal Employment Opportunity
Commission
Tampa District Ciffice
501 East Polk street, Suite 1020
Tampa, FL 33602
BOO 669:-:4000
...d: EEOlAA Poky &Plan-
r--- ,
EEO OFACE DESIGNAtiON: ^CCOUPAHYI~JG EEOIM POlCY & PLAN
PAGE 60FB
r-~-=-:::-:=:~----u. -~tho~n::.:-l
1 designatio.. in aecordaoee with the EEO/AA Polity i
j Date: 3/3/2010 By: i
i Presidentl
L__._....--...~.___..........___.._____~_._._......__~._...____..._.___.__..~_ ...~_........J
8QUAL EMPLOYMENT OPPOR1"UNITt OFFICER:
EEO' OFFICER
NAME: Michael Lause
ADOREa: 3460 Metro Parkway
Fort Myers, FL 33916
PHONE: 239-334-3652
5T ATE OF FLORI!lA DEP,o,RTMENT Of' TRANS PORTA nON
700.ij10~52
CONTRACTOR'S AFFIDA VlT
VEHICLE REGISTRATION
CG:VSTRUC7!CN
1l&'O~
S~te:
Flori::i<l
County:
i;ee
BEFORE ME, this day personally appeared
Ti.m t..ause / Gulf Paving cC!np9ny. Inc
(Contractor's Name)
who says that all of the vehicles operated or cause<:! to be operated by said Contractor, are register€d in the State of Florida, in
accordance with Section 320.
-f~~
' C ractor's Signatlife
TYPED NAME:
POSIT10N:
COMPANY NAME:
Tim Lause
President
Gulf 'Pa\"ing C::~:lp5:GY'. Ir..c
COMPANY ADDRESS:
3~6C Metro PaLkWaY
Fert Myers, Fl ~351t
State of Florida
County: L~ e_
Sworn to and subscribed before me this Q~ J. day
of ,\\\t.u , d0\l by n~
(S~, (Pnnt name of person signing CertlfIcatlon)
,'~~~'."'" ETHYlEJIE L lElTHOFf
~\ Nolary Public. State 01 Florida
.. "! My Comm. Expire. Oct IS. 2014
'gj Commission It EE 14875
. BlIllded Through /AMnal Notary AssIJ.
Commlssion Expires
./
Personally Known V OR PrOduced Identification
Type of Identification Produced
TO BE COMPLETED BY DOT PERSONNEL
BUDGET ITEM NUMBER:
FIN PROJECT NUMBER:
CONTRACT NUMBER:
~_'__"~_"_-_'_.._.,-....._----,
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE C. KOPELOUSOS
SECRETARY
March 3, 2010
MR JOHN MICHAEL LAUSE
GULF PAVING COMPANY INC
3480 METRO PARKWAY
FT MYEf{S FL 33916
RE: EEO.AI=FIRPAATI'VE ACTION PLAN
Dear Mr. Lause:
The Equal Employment Opportunity Affirmative Action Plan soomitted by:
GULF PAVING COMPANY INC
has been received. Please update any changes to your plan as they occur.
If you need any additional information, please call1ile at (850) 414-4742.
Sincerely I
~~
Erica Miller
Contract Compliance Administrator
Equal Opportunity Office
EM/cg
Attachment(s)
VMIW. dot. state.fl.U 5
EXHiBIT "P"
DEClARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County
Purchasing Policy, (known as -Debarment and Suspension-) shall sign the
appropriate deda-ation under this exhibit. In doing so, the undersigned hereby
deciares that:
G'.ll: paving ccxr.pany, I:ne.
Name of Business
1. They are a prospective contractor, vendOr, aftitiate, a 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 knowingjy or unknowingly rendered an erroneous declaration;
the County shalf reserve the right: to reject the bid offer associated with
th is dedaration and/or suspendfdebar the bidder/signatory.
4. They shall provide immediate wntten notice to the person to whom this
proposal is submitted if at any time they learn that its declaration was
erroneous when submitted Of has becOme erroneous by reason of
changed circumstances.
5. Shouid 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 participatioo in this agreement, unless otherWise authorized by the
Collier County PtlchasinglGeneraI Services Director.
The bidder shafl sign the appropriate declaration below and comply with any
accompanying requirements set forth therein:
(A) I hereby declare that. my firm nor its principats is ',' presently debarred,
suspended. proposed for debarTnent. declared ineligible, or voluntarily
excluded from participation in this iransaction by arrt public agency.
Name(s) and TiUe(s) of Authortzed Representatfve(s)
Gulf Pavi~g Company, Inc.
* 4cf-
Auth z;d Signature(1(
5/2/2Cll
Date
(8) I am unable to dedare 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 ntle(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
STATE OF FLORIDA DEPARTMENT OF TR"J;SPORTATlON
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
275-D30-1 C
E'~UAL OPPORTUNITY OFFICE
OLIOS
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (8S0) 414-4879
This information may also be Included in your bid or proposal package.
Prime Contractor/Consultant Gulf Paving Company. Inc.
AddressITelephone Number: 3460 Metro Park'Nav. Fort Mvers, FI 33916 I 239-334-3652
Bid/Proposal Number: County - 11-5679/ FOOT - 427936-1-58-01
Quote Submitted MMtYR: OS/2011
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 OBEs and non-OBEs. 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 inforrnation they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1, Federal Tax 10 Number: 261084418 6. o DBE 8. Annual Gross Receipts
2. Firm Name: Roadsafe Traffic System ~ Non-DBE 0 Less than $1 million
3. Phone: 239-333-4888 0 Between $1 - $5 mimon
4. Address: 8031 Mainline Parkway
Fort Mvers. Florida 33912 0 Between $5 - $10 million
7. (8J Su bcontractor 0 Between $10 - $15 million
0 Subconsultant ~ More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 65-0634319 6. 0 OBE 8. Annual Gross Receipts
2. Firm Name: Harris Jorqensen ~ Non-DBE D Less than $1 million
3. Phone: 239.772-9939 r81 Between $1 - $5 million
4. Address: 0 Between $5 - $10 million
2706 SE Santa Barbara Place 7. ~ Subcontractor 0 Between $10 - $15 million
CaDe Coral. FI 33904 D Subconsultant 0 More than $15 million
5. Year Frrm Established: 1991
1. Federal Tax ID Number. 65-0678751 6. 121 DBE 8. Annual Gross Receipts
2. Firm Name: Kate's EnvirofencinQ 0 Non-DBE 0 Less than $1 million
3. Phone: 239-947-5106 ~ Between $1 - $5 million
4. Address: D Between $5 - $10 million
7070 Jean Blvd 7 r2J Subcontractor 0 Between $10 - $15 million
Fort Myers. FI 33967 0 Subconsultant 0 More than $15 million
5. Year Firm Established: 2009
STATE OF FLORIDA DEPARTMENT DF TP....NSPORTATlON
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
275.030-10
~QUAL OPPORTUNITY OFFICE
0:1108
1. Federal Tax ID Number: 59-2582822 6. 0 DBE 8 Annual Gross Receipts
2. Firm Name: Traffic Control Products I2J Non-DBE 0 Less than $1 million
3_ Phone: 813-621-8484 0 Between $1 - $5 million
4. Address: 5514 Carmack Road 0 Between $5 - $10 million
Tampa. FI33610 7. 0 Subcontractor D Between $10 - $15 million
0 Subconsultant 0 More than $15 million
5_ Year Firm Established: 1985
1. Federal Tax JD Number: 65-059477 6, IS! D8E 8. Annual Gross Receipts
2, Firm Name: GeE Servk:es 0 Non-DBE 0 Less than $1 million
3. Phone: 239-945-1781 ~ Between $1 - $5 million
4. Address: P,O Box 150052 0 Between $5 - $10 million
CAoe Corai, FI 33915 7, I2J Subcontractor 0 Between $10 - $15 million
o Subconsultant 0 More than $15 million
5. Year Firm Established 1995
1. Federal Tax ID Number: 650086160 6. o DBE 8, Annual Gross Receipts
2. Firm Name: EB Simmonds Electrical [gJ Non-DBE 0 Less than $1 million
3. Phone: (239} 643-2770 0 Between $1 - $5 million
4. Address: 0 Between $5 - $10 million
3750 Enterprise Avenue #300 7. I2J Subcontractor 0 Between $10 - $15 million
Naoles. Florida 34104-3659 0 Subconsultant 0 More than $15 milfion
5. Year Firm Established:
1, Federal Tax ID Number: 650461510 6. o DBE 8. Annual Gross Receipts
2. Firm Name: Pavement Maintenance I2l Non-D8E 0 Less than $1 mHlion
3. Phone: (239) 334-6760 C8J Between $1 - $5 million
4_ Address: 0 Between $5 - $10 million
164Q Benchmark Ave 7. ~ Subcontractor 0 Between $10 - $15 million
Fort Mvers. FL 33905 0 Subconsultant 0 More than $15 million
5. Year Finn Established: 1994
Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts
2, Firm Name: 0 Non-DBE 0 Less than $1 million
3. Phone: 0 Between $1 - $5 million
4. Address: 0 Between $5 - $1 Q million
7_ 0 Subcontractor 0 Between $10 - $15 million
0 Subconsultant 0 More than $15 million
5_ Year Firm Established:
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.---........--..---.--.--..---__.........._.___________M
Instructions for Form:
The contractor must provide enough information through a Sdledule "A" spreadsheet to determine which pay-item(s) are
being sublet, the amounts, and cost. For sublet calculations, the amount wm be calculated based on the actual contract
unit price(s) unless there is a partlal sublet. For partial sublets. use the unit prices from the actual sub-contrad.
1) Enter the Date of the certification of sublet work. was prepared.
2) Enter the sequential number of the request starting with number 1.
3} Enter the Federal Aid Project number for the Prime Contractor if any.
4) Enter the Financial Project Identification number of the Contract.
5) Enter the Contract number of the Contract with the Department.
6) Enter the County name where the work is being performed.
7) Enter the Name of the Prime Contractor.
S) Enter the FEID number of the Prime Contractor.
9) Enter the Original Contract dollar amount (round to nearest whole dollar).
10) Enter a "Y" in the space marked Change if any information on the line has changed since the
previous certification of sublet work was prepared. Otherwise, leave blank.
11) Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier.
12) Enter the tier number for the subcontractor If the subcontractor works directly for the Prime
Contractor, enter a ~1". If he works one tevel below. enter a "2" and so On.
13) Enter the FEID number of the Subcontractor(s).
14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor.
15) Enter a short description of the work to be performed.
16) Enter a "P" if any pay-item for the sublet is a partial sublet.
17) Enter the DBE status for the subcontractor: "D" for DBE, "N" for non-DBE.
18) The Department may require subcontractor to be prequalified with the Department as described
in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain
certain classes of work that require speCific expertise.
19) One (1) copy of this form shall be submitted to the District Office by the contractor.
20) To be ~.e.Q by principal of the firm or someone with the delegated authority and Q.o.taIlzeg.
STATE OF FLORIDA DEPARTMENT OF llIANSPORTATIO/l
ANTICIPATED CBE PARTICIPATION STATEMENT ('ADBEPS')
LOCAL AGENCY PROGRAM
275-030.'2
EQuAL OPPORTUNITY OFFICE
Q1i~1
i 1. FOOT LAP AGREEMENT# 12. FOOT LAP I~' LOCAL AGENCY'S
: jAGREEMENT AMT ($\ CONTRACT If. WITH PRIME 4. LOCAL AGENCY NAME
j427936~1-58~01 I !AQ 383 Collier County Board of County Commision
I
16. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR
jGulf Paving Company, Inc /59-1052626
I
;7. CONTRACT DOLLAR AMOUNT WITH PRIME B. FEID NUMBER OF LOCAL AGENCY
, 59-6000558
I~. IS THE PRIME CONTRACTOR A FLORIDA CERTIAED 110. IS THE WORK OF THIS CONTRACT ----j
IDISADVANTAGI.':O BUSINESS ENTERPRISE (DBE)?
,DYES 181 NO
,
i11.IS THIS AN ADBEPS REVISION? 0 YES 0 NO
,
112. ANTICIPATED DBE SUBCONTRACTS
i
i CONSTRUCT10N!8l MAINTENANCE 0 OTHER?
If yes, revision number ~
I
i
DBE SUBCONTRACTOR OR SUPPUER
COMPANY NAME AND FElD NUMBER
TYPE OF WORK AND
FDOT SPECIALTY CODE(S)
DOLLAR
AMOUNT
~ PERCENT OF
~ CONTRACT
I DOLLARS
/NAME: GCE Services
A'
FEID:
MIoRK: Sod
I
ISPEC CODE;
IWORK: Erosion Control
I
!
iSPEC CODE:
/WORK:
[SPEC CODE'
:WORK:
'SPEC CODE:
I
I WORK:
I
iSPEC CODE:
$11,150~j
,
I
$2,370,001
,
I
-J
~
~
--,
~
I
l
S
!
.
il
I
1
~
EIO: 65-059477
! INAME: Kate's Enviro Fencing
'8
I FEID: 65-0678751
NNAME:
Ie
: FEID:
j NAME:
E
FEID:
NAME:
I
i
-j-.
I
:
D
11A TOTAL DOLLARS TO oee's !118 iOTAl.PERCeJI'l OF
jCOFtill,/lCT
$13.520,00: 0.00%
I SECTION TO BE FILLED BY PRIME CONTRACTOR
113. NAME OF SUBMITTER 114. DATE 115. TITLE OF SUBMITTER
iTim Lause 15/2/2011 !President
in. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 111. FAX NUMBER
F
f
[
118. PHONE NUMBER
ltim@gulfpaving,com
239-333-0940
i239-334-3652
SECTION TO BE FILLED BY LOCAL AGENCY
, .._. I
j19. SUBMITTED BY 20 .DA TE 21. TITLE OF SUBMITTER I
I I
; I
122, EMAlL ADDRESS OF SUBMITTER 23. FAX NUMBER /24. PHONE NUMBER --_.~
i I iNOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN AU. FEDERALLY FUNDED FOOT
iCONTRACTS. 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
-............,- I~ATE TO EO OFFICE i EXECUTED DATE llAP IEXECUTED DATE (BETWEEN I,PRE.CONSTRUCTION
I LAP NAME ElECTROHICAlL YI iAGREEMENT) I LOCAL AGENCY AND PRIME} ,C~ERENCE DA.TE
DISTRICT r I I i
I ,
-'-----.-......----.....-,----.....-...,-.-..------."'"
Instructions for Form:
The contractor must provide enough information through a Schedule "An spreadsheet to determine which pay-item(s} are
being sublet, the amounts, and cost. For sublet calculations, the amount wifl be calculated based on the actual contract
unit price(s} unless there is a partial sublet. Far partial sublets, use the unit pr.ces from the actual sub-contract
1} Enter the Date of the certification of sublet work was prepared.
2} Enter the sequential number of the request starting with number 1.
3) Enter the Federal Aid Project number for the Prime Contractor if any,
4) Enter the Financial Project Identification number of the Contract.
5) Enter the Contract number of the Contract with the Department.
6) Enter the County name where the work is being performed.
7) Enter the Name of the Prime Contractor.
8) Enter the FEID number of the Prime Contractor.
S) Enter the Original Contract dollar amount (round to nearest whole dollar).
10) Enter a "Y" in the space marked Change if any information on the line has changed since the
previous certification of sublet work. was prepared. othelVlllse, leave blank.
11} Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier,
12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime
Contractor, enter a "1" If he works one level below, enter a "2" and so on,
13) Enter the FEID number of the Subcontractor(s).
14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor.
15) Enter a short description of the work to be performed.
16} Enter a "P" if any pay-item for the sublet is a partial sublet.
17) Enter t~e DBE status for the subcontractor: "D" for DBE, "N" for non-DBE.
18} The Department may require subcontractor to be prequalified with the Department as described
in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain
certain classes of work that require specific expertise.
19} One (1) copy of this form shall be submitted to the District Office by the contractor,
20) To be ~igned by principal of the firm or someone with the delegated authority and 1'19.i9fize..Q.
---....------_.........,.........~......._-,-,--..............-~-----.',..
STAlE OF F1.0RlDA DSPARThlENT OFiRANSPORTAnON
CERllFICA liON OF NON SEGREGA liON &
NON OrSCRIMINA liON
27~-<J:lCl.i~
ECu,A.i.. OPPORlUNITi OFFiCE
07/09
42'936-1-58-01
3911 030 P
3. FOOT lAP Contrllct No.
Disc-::-ict o:~o:
42793b.l.5S-01
i.Prime Contractor '~1!!lf!1L_,
Gulf Pa.ving Company. Inc.
7.Compeny Name of Cont.-actOr. Supplier, Rental Company or Agency Submitting this certiflclltion
GuI f Pavir'g Company, Inc_
:~'f~~;il!<l SECTION 2; CERTIFICATION STATEMENTS
CERTlFICA TION OF
NONSEGREGA TED 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.
8. Agreement that a breach of this certification
is a violation of the equal opportunity clause
In this contract
CERTIFICATION OF
NON DrSCRJMINA TION
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 perfonnance 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 agl'f*lment 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, natlonal 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 nondfscrimination
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 provfslons of FHWA.1273.
Compliance with Title VI of the Civil Rights Act and the
provisions of the American Disabilities Act of 1990 are
inco orated in this certtflcation.
Certification 10. Job Title of erson named in Bolt 9
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 tenns "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.
'l'im Lause
8. FeID No of Co. in Box 7
59-1052626
12. Oate of Si nature
5/2/201:
21S-iXlG- '3
EQU.A~ OPPCR"!'U"'~IT':" ,QFRCE
Q7m
Certification of Non Segregation & Non Discrimination
Instructions for Completing Form
This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitment
to nondIscrimination and non segregated facilities during the term of a contract.
Box 1: Fin. F>>roj No. - The Financial Project Number
Box 2: FAP No. - The Federal Aid Project Number assigned to federally funded projects or 'non-FAP'
Box 3: FOOT LAP Contract No. - The project's Local Area Project ('LAP') number
Box 4: County - County or counties project work is being performed in
Box 6: District or Local Agency - The Departmenfs District Number Designation where the project is located Districts
are 1-7, and the Turnpike District or the name of the city, county or entity administering the contract
Box 6: Prime Contractor Name - The name of the prime contractor.
Box 7: Company Name of Contractor, Supplier, Rental Company or Agency Submitting this certification - name of
company submitting the certification
Box 8: FEID No. - Federal Identification Number of company named in Box 7
Box 9: Name (first. last (of corporate official signing certification. - First name, last name
Box 10: Job Title of person named In Box 9 - job titte
Box 11: Signature of Certifying Offlcial- signature of person named in Box 9
Box 12: Date of signature - Month/day/year of signature
Return to In(luirv Menu
Contractor with Name GULF PAVING COMPANY
1-1 of 1 contractors
Printer Friendlv Version
_It..iii!!l~~''i'ii~l'!;'!*'!~''![~_~_~I!,ii"l.IIII!''il~!_"I."~!~f".
GULF PAVING COMPANY 3460 METRO PARKWAY 3460 METRO PARKWAY
F591 052626001 POBOX 1584 POBOX 1584
EXPIRES: 6/3012011 FORT MYERS, FL 33916 FORT MYERS, FL 33916
(239)334-3652 (239)334-3652
WORK CLASSES
DRAINAGE
GRADING
~ SIDEWALKS
FLEXIBLE PAVING
HOT PLANT-MIXED BITUM. COURSES
~
Florida Department of Transportation
CHAIU.IE CRIST
GOVERNOR
605 Suwannee Street
Tollohasses, FL 32399-0450
Sn;PHANlE c. K(WELOl!SOS
SJ<:CRETARY
!VJa~' 27, 20:0
GULF PAVING COMPANY
3460 METRO ?ARKWAY
FORT MYERS fL 33916
Dear Sir/Hadam:
RE: ~ERTI~ICATE OF QCALIFIC~TION
fTie ~:e;Jdrtll~e.:j~: o-:~ :'-,-6!':'2';U1:t3ti~n h;':Js' qua:iified Y(ft~~ l":O;flpi:~1Y '!~{".:~ th~ c.l-~,OI..H1~ ~1Iid
the type of work indicated below. Up-less your company if: noti:.ieCi othen:is€, this
rating will expire 6/30/2011. However, ~he new application is due 4/30/2011.
In accordance with 8.337.14 (1) F.S. your next application must be fil~ within
(4) months of the endinq data of the app~icant' s audited annual financial
statements and, if applicable, the audited interim financial statements. Secl:.:.on
337.14 (4) f.S. provides that ya~r certificate will be valid far 18 mO:lths after
Yl,Jur f.ina:1cia] .stat~m\:3nt ddte. ~his gives a t.wo rront:.h r.-eril){j 1::: Ctl':'o',o\! "/1:.\;, tc', b_~d
c.n j.)bs as ~,fle rJroc€SS ycur new app.ii'.:ation f'J! gu;,lifi;:;atic'J!).. ~.O lema];; q~iali..f.i,J~l..i
vo...i:h t:~'!e Dep";irr..rti~':"";'t, C :IF!W application ;rll~st .ce ~Ubf.'li.t:':'~i"'1 S\_~b5,::,.:::ue;.!.;. t.,(". ~(~'i
~;: '~n:i f..i card Gh~r..qt=: .i r~ the f.in&nc i.aJ. po.:> 5 1 'L. i..:';~ c. ~- -r ~',:::- st T.~\..-:-;: 1.1'!':::. ;:.\ t" ii;<C: .'::.. -r :~I ;~
ij~5cri~ed ~n 5~~'~:i('~1 14-22.005{3), F!cr~d~ ~rir~iris:=~~i7~ Cc:j~.
~AXI!.Jlj~~ C.:;Pi'.':ITY RJl.TP,G; $114.500,000. OC
FDOor Jl..PPROVED WORK CLASSES:
DRAINAGE, fLEXIBLE PAVING, GPADING, HaT PLANT-MIXED BlTUM. COORSES
FDOor APPROVED SPECIALITY CLASSES OF WORK:
:NONE
Please be aC7ised i:h.;. Departmer:;~ of Trcr.sportatl'';;l ;-:dS consio~red yc"~'::' c0;npary' ~i
quaJi ficati'.m ~,n ",11 I,ork ,,'las-!'es req;lested. irT~ h~'Ye eV-iL,,::.te(-l Y01.lr ~~Ql!lFar,y' 5
0_':"g:::..~j_Zd~ i:)H.. ':':la~2!'J~ir~.~~:t t.',:{;r.~ t..~!":i)~ri. ';uce.l ~'ork. p'::'::[0r:l'~.'\n;:e -3.t~{.:. a:k:q:.~.~.;~"'j.~ ~'_:
~qu~plnent. as direct€rj b~)' se..:tion. 1.. 4-22. v03J F.1.~...':.i.C:I'~ J;d!'!!:dli$t:t'ull ve C:=-:,ds.. 8:".1s!:"d
on this "valuation, t.he Department is not ablE'l, at t.~lis t.ime, t:..' prequ~l:. fy y,-'~H'
company for the wark cla5s~s~ MINOR BRIDGES, PORTLAND CEMENT CONCRETE.
WWlfJ, dot. state, fl.us
~ fi€~YtUD "APEP:
. --- '-~--",-' ..--. "~"_'_._,,-..,.,__,. .......... .'H.........__....".. ,_...... .....
..---___-:0-___.............._. ..._"',._.___......'.,~......._~._,._....
Company ID Number: 55318
THE ["Vf,lHFY PHO(;rt\tvi FOH l.fl,',Pi(iV:\lF!'(1 ,'LIUfiC,\TION
:\~Ef\IOR,\Nmr,\! OF liNDEHSTA\!}I\{;
ARTICLE]
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Social Security Administration (SSA), the Department of Homeland Security (DHS) and Gulf
PaviDI! COmDftDv. Inc. (Employer) regarding the Employer's participation in the Employment
Eligibility Verification Program (E-VerifY). E-VerifY is a program in which the employment
eligibility of all newly hired employees will be confirmed after the Employment Eligibility
Verification Form (Form 1-9) has been completed.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. ~ 1324a note).
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSmILITIES OF THE SSA
1. Upon completion of the Form 1-9 by the employee and the Employer, and provided the
Employer complies with the requirements of this MOU, SSA agrees to provide the Employer
with available information that allows the Employer to confirm the accuracy of Social Security
Numbers provided by all newly hired employees and the employment authorization of U.S.
citizens.
2. The SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E- Verify program. The SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E- Verify process.
3. The SSA agrees to safeguard the information provided by the Employer through the E-
VerifY program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E- VerifY program or such other persons or entities who may be authorized by the SSA as
governed by the Privacy Act (5 U.S.C. ~ 552a), the Social Security Act (42 D.S.C. 1306(a)), and
SSA regulations (20 CFR Part 40 I),
4. SSA agrees to establish a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibiJity and accuracy of SSA records for both
citizens and aliens within 3 Federal Government work days of the initial inquiry.
Company ID Number: 55318
5. SSA agrees to establish a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfinnations that is
designed to provide final confirmation or nonconfirmatlon of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within ] 0 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSffiILITIES OF THE DEPARTMENT OF HOMELAND SECURITY
], Upon completion of the Fonn 1-9 by the employee and the Employer and after SSA
verifies the accuracy of SSA records for aliens through E-Verity, DHS agrees to provide the
Employer access to selected data from DHS's database to enable the Employer to conduct:
· Automated verification checks on newly hired alien employees by electronic means, and
· Photo verification checks (when available) on newly hired alien employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational problems
that may arise during the Employer's participation in the E-Verity program. DHS agrees to
provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to
be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use ofE-Verify.. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that permits
the Employer to verifY information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
and federal criminal laws, and to ensure accurate wage reports to the SSA.
7. DHS agrees to establish a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
nonconfirmation of employees' employment eligibility within 3 Federal Government work days
ofthe initial inquiry.
Company ill Number: 55318
8. DHS agrees to establish a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfinnations and
photo non-match tentative nonconfirmations that is designed to provide finalconfinnation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E- Verify.
3. The Employer agrees to become familiar with and comply with the E-Verify Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries win complete the E-Verify Tutorial before that individual initiates any
queries.
A.
The employer agrees that all employer representatives will take the refresher
tutorials initiated by the E- Verify program as a condition of continued use of E-
Verify,
Failure to complete a refresher tutorial will prevent the employer from continued
use ofthe program.
B.
5. The Employer agrees to comply with established Form 1-9 procedures, with two
exceptions:
· If an employee presents a "List B" identity document, the Employer agrees to only accept
"List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 9
274a.2 (b) (1) (B)) can be presented during the Form 1-9 process to establish identity).
. If an employee presents a DHS Form [-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees
to make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist the
Department with its review of photo non-matches that are contested by employees. Note
that employees retain the right to present any List A, or List B and List C, documentation
to complete the Form 1-9, DHS may in the future designate other documents that activate
the photo screening tool.
6, The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain. and make available for inspection Forms 1-9 that relate
to its employees, or from other requirements of applicable regulations or laws, except for the
following modified requirements applicable by reason of the Employer's participation in E-
Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a
Company ID Number: 55318
rebuttable presumption is established that the Employer has not violated section 274A(a)(l)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it
obtains confirmation of the identity and employment eligibility of the individual in compliance
with the tenns and conditions of E- Verify ; (3) the Employer must notify DHS if it continues to
employ any employee after receiving a final nonconfirmation, and is subject to a civil money
penalty between $500 and $1,000 for each failure to notify DHS of continued employment
following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it
has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the
Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no
person or entity participating in E-VerifY is civilly or criminally liable under any law for any
action taken in good faith on information provided through the confirmation system. DHS
reserves the right to conduct Form 1-9 compliance inspections during the course of E- Verify, as
well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer
business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9
have been completed), and to complete as many (but only as many) steps of the E-Verify process
as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating
verification procedures before the employee has been hired and the Form 1-9 completed. If the
automated system to be queried is temporarily unavailable, the 3-day time period is extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to
make inquiries during the period of unavailability, In all cases, the Employer must use the SSA
verification procedures first, and use DHS verification procedures and photo screening tool only
after the the SSA verification response has been given.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, support for any unlawful employment practice, or any other use not authorized by
this MOV. The Employer must use E-Verify for all new employees and will not verify only
certain employees selectively. The Employer agrees not to use E-Verify procedures for re-
verification, or for employees hired before the date this MOV is in effect. The Employer
understands that if the Employer uses E-Verify procedures for any purpose other than as
authorized by this MOV, the Employer may be subject to appropriate legal action and the
immediate termination of its access to SSA and DHS information pursuant to this MOD.
9. The Employer agrees to follow appropriate procedures (see Article m.B. below)
regarding tentative nonconfirmations, including notifying employees of the finding, providing
written referral instructions to employees, allowing employees to contest the finding, and not
taking adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Article m.B. below) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
employee's employment eligibility status while SSA or DHS is processing the verification request
unless the Employer obtains knowledge (as defined in 8 C.F.R. ~ 274a,1 (1)) that the employee is
not work authorized. The Employer understands that an initial inability of the SSA or DHS
automated verification to verifY work authorization, a tentative nonconfirmation, or the finding of
Company ID Number: 55318
a photo non-match, does not mean, and should not be interpreted as, an indication that the
employee is not work authorized. In any of the cases listed above, the employee must be provided
the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer
any adverse employment consequences until and unless secondary verification by SSA or DHS
has been completed and a final nonconfirmation has been issued. If the employee does not choose
to contest a tentative nonconfmnation or a photo non-match, then the Employer can find the
employee is not work authorized and take the appropriate action.
] 1. The Employer agrees to comply with section 274B of the INA by not discriminating
unlawfully against any individual in hiring, firing, or recruitment or referral practices because of
his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3)
of the INA, because of his or her citizenship status. The Employer understands that such illegal
practices can include selective verification or use of E-Verify, discharging or refusing to hire
eligible employees because they appear or sound "foreign", and premature termination of
employees based upon tentative nonconfirmations, and that any violation of the unfair
immigration-related employment practices provisions of the INA could subject the Employer to
civil penalties pursuant to section 274B of the INA and the termination of its participation in E-
Verify. If the Employer has any questions relating to the anti-discrimination provision, it should
contact ose at 1-800-255-7688 or 1-800-237-25]5 (TDD),
]2. The Employer agrees to record the case verification number on the employee's Form 1-9
or to print the screen containing the case verification number and attach it to the employee's Form
1-9.
13. The Employer agrees that it will use the information it receives from the SSA or DHS
pursuant to E-Veri:fy and this MOU only to confirm the employment eligibility of newly-hired
employees after completion of the Form 1-9. The Employer agrees that it will safeguard this
information, and means of access to it (such as PINS and passwords) to ensure that it is not used
for any other purpose and as necessary to protect its confidentiality, including ensuring that it is
not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. S 552a (i) (1) and (3)) and the Social Security Act (42
u.s.e. 1306(a)), and that any person who obtains this information under false pretenses or uses it
for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to
make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, Le.,
Forms 1-9, SSA Transaction Records, and DHS verification records, which were created during
the Employer's participation in the E-VerifY Program. In addition, for the purpose of evaluating
E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to
interview it regarding its experience with E-Verify, to interview employees hired during E-Verity
use concerning their experience with the pilot, and to make employment and E-Verify related
records available to DHS and the SSA, or their designated agents or designees. Failure to comply
with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Veri:fy.
Company ID Number: 55318
ARTICLE In
REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF
HOMELAND SECURITY
A. REFERRAL TO THE SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation,
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records the
case verification number, reviews the input to detect any transaction errors, and determines that
the employee contests the tentative nonconfinnation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon as
possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfinnation, the Employer will provide
the employee with a referral letter and instruct the employee to visit an SSA office to resolve the
discrepancy within 8 Federal Government work days. The Employer will make a second inquiry
to the SSA database using E-Verify procedures on the date that is 10 Federal Government work
days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless
otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to
resolve the tentative nonconfirmation..
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an alien who provides a document for which
the automated system has transmitted a photo, the employer must print the photo non-match
tentative nonconfinnation notice as directed by the automated system and provide it to the
employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
Company ID Number: 55318
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact the Department
through its toll-free hotline within 8 Federal Government work days.
5. If the employee contests a tentative nonconfinnation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS, DHS will electronically
transmit the result ofthe referral to the Employer within 10 Federal Government work days of the
referral unless it determines that more than 10 days is necessary.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-
766 to DHS for review by:
· Scanning and uploading the document. or
· Sending a photocopy of the document by an express mail account (furnished and paid for
by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph, and
resolving the case as specified by the Immigration Services Verifier at DHS who will determine
the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
The SSA and DHS will not charge the Employer for verification services performed under this
MOU. The Employer is responsible for providing equipment needed to make inquiries. To access
the E- Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
This MOU is effective upon the signature of all parties, and shall continue in effect for as long as
the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOD and will not cause the need for a supplemental MOU
that outlines these changes. DHS agrees to train employers on all changes made to E-Verify
through the use of mandatory refresher tutorials and updates to the E- Verify manuaL Even
Company ID Number: 55318
without changes to E-Verify, the Department reserves the right to require employers to take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may
terminate this MOU without prior notice if deemed necessary because of the requirements of law
or policy, or upon a detennination by SSA or DHS that there has been a breach of system
integrity or security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. Some or all SSA and DHS responsibilities Wlder
this MOD may be performed by contractor(s), and SSA and DHS may adjust verification
responsibilities between each other as they may determine.
Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
The employer understands that the fact of its participation in E-Verify is not confidential
infonnation and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
and responses to inquiries under the Freedom ofInfonnation Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA. DHS, and the
Employer.
The individuals whose signatures appear below represent that they are authorized to enter into
this MOD on behalf of the Employer and DHS respectively.
To be accepted as a participant in E-Verify, you should only sign the Employer's Section of
the signature page. If you have any qUestiODSt contact E-Verify Operations at 888-464-
4218.
Employer Gulf Paving Company, Inc.
Ethylene L Leithoff
Name (Please type or print)
Title
Electronically Signed
Signature
09/2512007
Date
Department of Homeland Security - Verification Division
Company ill Number: 55318
USCIS Verification Division
Name (Please type or print)
Title
Electronically Signed
Signature
09/25/2007
Date
Company ill Number: 55318
INFORMATION REQUIRED
FORTHEE~EWFYPROGRAM
Information relating to your Company:
Company Name:
Gulf PavinR: Company, Inc.
Company Facility Address:
3460 Metro Parkway
Fort Myers, FL 33916
Company Alternate Address:
PO Box 1584
Fort Myers, FL 33902
County or Parish:
LEE
Employer Identification Number:
591052626
North American Industry
Classification Systems Code:
238
Parent Company:
Number of Employees:
20 to 99
Number of Sites Verified for:
1
Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State.
.
FLORIDA
site(s)
Infunnation relating to the Program Administrator(s) for your Company on policy questions or operational problems:
Name:
Telephone Number:
E-mail Address:
Ethylene L Leitboff
(239) 334 - 3652
ethyIene@gulfpaving.com
Fax Number:
(239) 334 - 0940
GULF ~AVING COMPANY
May 27, 2010
Page two
You may apply, in writing, for a Revised Certificate of Qualification at any time
prior to the expiration date of this certificate according to Section
14-22.0041(3), Florida Administrative Code. Please be advised if certification
in additional classes of work is desired, documentation is needed to show that
your company has done such work with your own forces and equipment or that
experience was gained with another contractor and that you have the necessary
equipment for each additional class of work requested,
Sincerely,
~~~
Juanita Moore, Manager
Contracts Administration Office
JM:cj
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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.
REQUIRED FORMS (Attached)
N/A DBElAA Plan Submit BOTH with Bid Package: If your DBElAA Plan has not been
approved by FDOT:
Disadvantaged Business 0 FOOT DBElAA Plan
Enterprise Affinnative Action Approval Letter A sample DBE polk:y and plan
Plan (Fonn 275-030-11 B) 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
Affinnative 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 Packaae
275-030-10 Bid ODoortunitv 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 AntlciDated DBE Statement Submit with Bid Package
275-030-13 Certification of Non- Submit with Bid Package
segregated Facilities
I ;rovide FOOT Prequalification Submit with Bid Package
The following tenns and condlt/ons supersede any tenns 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 OeDartment of TranSDortation Guidelines)
Prequafificalion 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 infonnation with respect to financial resources, equipment,
Company ID Number: 55318
TI~F. ["l/lifHFV i~RfH:FL\)\l FOR Et\I:PIJ)Y\lv,,"r VERIFiCATION
:\'tfl"1 0 Ri'l.ND[:\1 () F UNDlmsr A,:-; rln'~ G
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Social Security Administration (SSA), the Department of Homeland Security (DHS) and !i!!I!
Pavioll Comoanv. Inc. (Employer) regarding the Employer's participation in the Employment
Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment
eligibility of all newly hired employees will be confmned after the Employment Eligibility
Verification Fonn (Form 1-9) has been completed.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of ]996 (IIRIRA), Pub, L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C, 9 1324a note).
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF THE SSA
I. Upon completion of the Form 1-9 by the employee and the Employer, and provided the
Employer complies with the requirements of this MOU, SSA agrees to provide the Employer
with available information that allows the Employer to confirm the accuracy of Social Security
Numbers provided by all newly hired employees and the employment authorization of U.S.
citizens.
2. The SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. The SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E- Verify process.
3. The SSA agrees to safeguard the infonnation provided by the Employer through the E-
Verify program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by the SSA as
governed by the Privacy Act (5 U.S.C. 9 552a), the Social Security Act (42 V.S.C. 1306(a)), and
SSA regulations (20 CFR Part 401).
4. SSA agrees to establish a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both
citizens and aliens within 3 Federal Government work days of the initial inquiry.
Company ID Number: 55318
5. SSA agrees to establish a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that is
designed to provide final confirmation or nonconfirmation of U.S, citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than } 0
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSffiILITIES OF THE DEPARTMENT OF HOMELAND SECURITY
}, Upon completion of the Form 1-9 by the employee and the Employer and after SSA
verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the
Employer access to selected data from DHS's database to enable the Employer to conduct:
· Automated verification checks on newly hired alien employees by electronic means, and
· Photo verification checks (when available) on newly hired alien employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational problems
that may arise during the Employer's participation in the E-Verify program. DHS agrees to
provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to
be contacted during the E-Verify process,
3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing
instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use ofE-Verify.. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSe), Civil Rights Division, and U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that permits
the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
and federal criminal laws., and to ensure accurate wage reports to the SSA.
7. DHS agrees to establish a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
nonconfmnation of employees' employment eligibility within 3 Federal Government work days
of the initial inquiry.
Company ID Number: 55318
8. DHS agrees to establish a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non-match tentative nonconfinnations that is designed to provide fmal confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Yerify.
3. The Employer agrees to become familiar with and comply with the E-Yerify Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A.
The employer agrees that all employer representatives will take the refresher
tutorials initiated by the E- Verify program as a condition of continued use of E-
Yerify.
Failure to complete a refresher tutorial will prevent the employer from continued
use of the program.
B,
5. The Employer agrees to comply with established Form 1-9 procedures, with two
exceptions:
. If an employee presents a "List Bit identity document, the Employer agrees to only accept
"List B" documents that contain a photo. (List B documents identified in 8 C.F.R. ~
274a2 (b) (1) (B)) can be presented during the Form 1-9 process to establish identity).
. If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees
to make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist the
Department with its review of photo non-matches that are contested by employees. Note
that employees retain the right to present any List A, or List B and List C, documentation
to complete the Form 1-9. DHS may in the future designate other documents that activate
the photo screening tool.
6, The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate
to its employees, or from other requirements of applicable regulations or laws, except for the
following modified requirements applicable by reason of the Employer's participation in E-
Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a
Company ID Number: 55318
rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it
obtains confinnation of the identity and employment eligibility of the individual in compliance
with the terms and conditions of E-Verify ; (3) the Employer must notify DHS if it continues to
employ any employee after receiving a final nonconfirmation, and is subject to a civil money
penalty between $500 and $1,000 for each failure to notify DHS of continued employment
following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it
has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A} if the
Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no
person or entity participating in E-Verify is civilly or criminally liable under any law for any
action taken in good faith on information provided through the confirmation system. DHS
reserves the right to conduct Fonn 1-9 compliance inspections during the course of E-VerifY, as
well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E- Verity verification procedures within 3 Employer
business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9
have been completed), and to complete as many (but only as many) steps of the E-Verify process
as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating
verification procedures before the employee has been hired and the Fonn [-9 completed. If the
automated system to be queried is temporarily unavailable, the 3-day time period is extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to
make inquiries during the period of unavailability. In all cases. the Employer must use the SSA
verification procedures first, and use DHS verification procedures and photo screening tool only
after the the SSA verification response has been given.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, support for any unlawful employment practice, or any other use not authorized by
this MOU. The Employer must use E-Verify for all new employees and will not verifY only
certain employees selectively. The Employer agrees not to use E- Verify procedures for re-
verification, or for employees hired before the date this MOD is in effect. The Employer
understands that if the Employer uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and the
immediate termination of its access to SSA and DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article m.B. below)
regarding tentative nonconfinnations, including notifying employees of the finding. providing
written referral instructions to employees, allowing employees to contest the finding, and not
taking adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affinnative steps (see Article nLB. below) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
employee's employment eligibility status while SSA or DHS is processing the verification request
unless the Employer obtains knowledge (as defined in 8 C.F.R. ~ 274a.l (1)) that the employee is
not work authorized. The Employer understands that an initial inability of the SSA or DHS
automated verification to verify work authorization, a tentative nonconfinnation, or the finding of
Company ID Number: 55318
a photo non-match, does not mean, and should not be interpreted as, an indication that the
employee is not work authorized. In any of the cases listed above, the employee must be provided
the opportunity to contest the finding, and if he or she does so, may not be tenninated or suffer
any adverse employment consequences until and unless secondary verification by SSA or DHS
has been completed and a final nonconfinnation has been issued. If the employee does not choose
to contest a tentative nonconfinnation or a photo non-match, then the Employer can find the
employee is not work authorized and take the appropriate action.
11. The Employer agrees to comply with section 274B of the INA by not discriminating
unlawfully against any individual in hiring, firing, or recruitment or referral practices because of
his or her national origin or, in the case of a protected individual as defined in section 2748(a)(3)
of the INA, because of his or her citizenship status. The Employer understands that such illegal
practices can include selective verification or use of E-Verity, discharging or refusing to hire
eligible employees because they appear or sound "foreign", and premature tennination of
employees based upon tentative nonconfinnations, and that any violation of the unfair
immigration-related employment practices provisions of the INA could subject the Employer to
civil penalties pursuant to section 2748 of the INA and the tennination of its participation in E-
Verity. If the Employer has any questions relating to the anti-discrimination provision, it should
contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Fonn 1-9
or to print the screen containing the case verification number and attach it to the employee's Fonn
1-9.
13. The Employer agrees that it will use the infonnation it receives from the SSA or DHS
pursuant to E- VerifY and this MOV only to confinn the employment eligibility of newly-hired
employees after completion of the Form 1-9. The Employer agrees that it will safeguard this
information, and means of access to it (such as PINS and passwords) to ~nsure that it is not used
for any other purpose and as necessary to protect its confidentiality, inchiding ensuring that it is
not disseminated to any person other than employees of the Employer who are authorized to
perfonn the Employer's responsibilities under this MOV.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 D.S.C. 9 552a (i) (1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this infonnation under false pretenses or uses it
for any purpose other than as provided for in this MOV may be subject to criminal penalties.
15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to
make periodic visits to the Employer for the purpose of reviewing E- VerifY -related records, Le.,
Forms 1-9, SSA Transaction Records, and DHS verification records, which were created during
the Employer's participation in the E-Verity Program. In addition, for the purpose of evaluating
E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to
interview it regarding its experience with E-Verity, to interview employees hired during E-VerifY
use concerning their experience with the pilot, and to make employment and E-Verify related
records available to DHS and the SSA, or their designated agents or designees. Failure to comply
with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify.
Company ill Number: 55318
ARTICLE III
REFERRAL OF INDMDUALS TO THE SSA AND THE DEPARTMENT OF
HOMELAND SECURITY
A. REFERRAL TO THE SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfrrmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records the
case verification number, reviews the input to detect any transaction errors, and determines that
the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon as
possible after the Employer receives it. .
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a referral letter and instruct the employee to visit an SSA office to resolve the
discrepancy within 8 Federal Government work days. The Employer will make a second inquiry
to the SSA database using E-Verify procedures on the date that is lO Federal Government work
days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless
otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to
resolve the tentative nonconfirmation..
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
8. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY
1. If the Employer receives a tentative nonconfmnation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an alien who provides a document for which
the automated system has transmitted a photo, the employer must print the photo non-match
tentative nonconfirmation notice as directed by the automated system and provide it to the
employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
Company ill Number: 55318
the Employer issues a tentative nonconfirmationbased upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact the Department
through its toll-free hotline within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically
transmit the result ofthe referral to the Employer within 10 Federal Government work days of the
referral unless it determines that more than 10 days is necessary.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-
766 to DHS for review by:
· Scanning and uploading the document, or
· Sending a photocopy of the document by an express mail account (furnished and paid for
by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph, and
resolving the case as specified by the Immigration Services Verifier at DHS who will determine
the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
The SSA and DHS will not charge the Employer for verification services performed under this
MOO, The Employer is responsible for providing equipment needed to make inquiries. To access
the E- VerifY System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
This MOU is effective upon the signature of all parties, and shall continue in effect for as long as
the SSA and DHS conduct the E-Verify program unless modified in writing. by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verity program by DHS or SSA, including but not
limited to the E- Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental MOU
that outlines these changes. DHS agrees to train employers on all changes made to E-Verify
through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even
Company ill Number: 55318
without changes to E-Veriry, the Department reserves the right to require employers to take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may
terminate this MOU without prior notice if deemed necessary because of the requirements of law
or policy, or upon a determination by SSA or DHS that there has been a breach of system
integrity or security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. Some or all SSA and DHS responsibilities under
this MOU may be performed by contractor(s), and SSA and DHS may adjust verification
responsibilities between each other as they may determine.
Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
The employer understands that the fact of its participation in E-Veriry is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
and responses to inquiries under the Freedom of Information Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the
Employer.
The individuals whose signatures appear below represent that they are authorized to enter into
this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E-Verify, you should only sign the Employer's Section of
the signature page. If you have any questions, contact E-Verify Operations at 888-464-
4218.
Employer Gulf Paving Company, Inc.
Ethylene L Leithoff
Name (Please type or print)
Title
Electronically Signed
Signature
09/25/2007
Date
Department of Homeland Security - Verification Division
Company ID Number: 55318
USCIS Verification Division
Name (Please type or print)
Title
Electronically Signed
Signature
09/25/2007
Date
Company ID Number: 55318
INFORMATION REQUIRED
FOR THE E-VERIFY PROGRAM
Infonnation relating to your Company:
Company Name:
Gulf Paving Company, Inc.
CompanyFacility Address:
3460 Metro Parkway
Fort Myen, FL 33916
Company Alternate Address:
PO Box 1584
Fort Myen, FL 33902
County or Parish:
LEE
Employer Identification Nwnber:
591052626
North American Industry
Classification Systems Code:
238
Parent Company:
Number of Employees:
20 to 99
Number of Sites Verified for:
Are you verifying fOT more than 1 site? If yes, please provide the number of sites verified for in each State.
.
FLORIDA
site(s)
lnfonnation relating to the Program Administmtor(s) for your Company on policy questions or operational problems:
Name:
Telephone Number:
E-mail Address:
Ethylene L Leithoft'
(239) 334 - 34iS2
etllylene@gnlfpaving.eom
Fax Number:
(239) 334 - 0940
~
ACOR~
DATE (MMlOO1l'YYY)
21712011
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDeR.
IMPORTANT: If the certificate holder Is an ADDITlONAL 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 endorBement(s).
PRODUCER Commercial Lines - (239) 498-5225
Wells Fargo Insurance Services USA. Inc.
27399 Riverview Center Blvd., Suite 104
Bonita Springs. FL 34134-4322
CERTIFICATE OF LIABILITY INSURANCE
NO:
Fort Myers, FL 33902-1584
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSUREOR F :
INSURER S AFFORDING COVERAGe
FCCI Commercial Insurance Co.
FCCllnsurance Company
Travelers Property Casualty Company of America
NAIC .
IIlSURED
Gulf Paving Company, Inc.
P. O. Box 1584
10178
25674
COVERAGES
CERTIFICATE NUMBER: 2346020
REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY!JI'II POUCY ED UNITS
LTR POLICY NUMBER
A Gl!NI!RAL LlA8lLITY GLOOO9652 1/1/11 1/1/12 EACH OCCURRENCE $ 1,000.000
- =S
~ 3MERCIAl GENERAlllAlllllTY $ 300,000
_ CLAIMS-MAOE 0 OCCUR MEO EXP (Ally ona person) $ 10,000
SpedaJ Fonn PERSONAl. & AOV I~URY $ 1,000.000
GENERAL AGGREGATE $ 2,000,000
~"L AGGREm LIMIT APFlS PER: PRODUCTS-COM~PAGG $ 2,000.000
POliCY X ~~ LOC $
A A1lTOII08LE UABILITY CAOO15004 111/11 1/1/12 COMBINED SINGLE LIMIT $ 1.000,000
- (Ea aceldefll)
X ANY AUTO $
- aoOI. Y INJURY (Per plll8On)
I- ALL OWNED AUTOS aoDL Y I~URY (Par eooidenl) $
I-- SCHEDULED AUTOS PROPERTY OAMAGE
$
0- HIRED AUTOS (Per accident)
~ NON-OWNED AUTOS $
S
A UMBRELLA LIA8 f1 OCCUR UMBOO09972 1/1/11 1/1/12 EACH OCCURRENCE $ 5,000,000
I--
EXCESS UAB CLAlMS-MAOE AGGREGATE $ 5,000,000
- DEDUCTIBLE $
X RETENTION ~ 10000 $
WORKEflS COMPENSATION X I T"I.f.~RI.\!:-~ I I~
B AND EIilPLOYERS' UABILITY YIN 001-VVC11Ar63169 1/1/11 1/1/12
N.zv PROPRlETORIPARlNERlEXECUT\VE 0 E.L. EACH ACC.oeNT $ 1,000,000
OFACERlMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $
(M8ndlotoIy In NH' 1 ,000,000
~rs,:;~m~~~ERATIONS b_ E.L. DISEASE - POLICY LIMIT $ 1,000.000
C RantadJL.....d Equipment aT -660-2320X469 1/1/11 1/1/12 limit 250,000 per item
Deductible: 1% SUbJecllo 2,500
DESCRIPTION OF OPERA TIOHS I LOCATIONS I VEHICLES (AllKh ACORD 111, AdellIonII R__ SChedul.. if more ...""" .. 'lIqUlradl
Per request
CERnFICA TE HOLDER
CANCELLATION
FOR INFORMATION ONLY
SHOULD ANY OF THE ABOVE DESCRIBED FaUCES BE CANCELlED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DElIVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIIIE 9(~
ACORD 25 (2009109)
@1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
r- .-
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.
Prequalified Vendor Search
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Contractor with Name GULF PAVING COMPANY
1-1 of 1 co ntractors
Printer Friendlv Version
VENDOR NAME
GULF PAVING COMPANY
F591 052626001
EXPIRES: 6/30/2011
HOME OFFICE ADDRESS
3460 METRO PARt0NAY
POBOX 1584
FORT MYERS, FL 33916
(239)334-3652
BIDDING OFFICE ADDRESS
3460 METRO PARt<Y\IAY
POBOX 1584
FORT MYERS, FL 33916
(239)334-3652
WORK CLASSES
DRAINAGE
GRADING
* SIDEWALKS
FLEXIBLE PAVING
HOT PLANT-MIXED BITUM. COURSES
~f.\\.
'001'
~.I
--
FLORIDA DEPARTMENT OF TRANSPORTATION
Report Technical Problems to the Service Desk @ 1-
866-955-4357 or email: Service Desk
Send Prequalification Questions or Comments to
Contracts Administration Office
Internet Privacy Policy. Disclaimers & Credits
~:~...
~:,\U__~:,-.~
>.~.. I --. al.. ......
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https://www.epls.gov/epls/search.do ?full_ name=gulf+paving&status=current&getreport=tru... 5/3/2011
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Gulf Paving Company, Inc. ("Contractor") of 3460
Metro Parkway, Fort Myers Florida 33916, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with
Intersection Improvements lake Trafford Road and SR 29, Bid No. 11-5679
("Project"), as said Work is set forth in the Plans and Specifications prepared by Wilson
Miller/Stantec, 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: Nine hundred eighty two thousand
nine hundred twenty three dollars and thirty two cents ($982,923.32).
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.qov/c570/
c570.html#certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated 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 one hundred and fifty (150)
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 calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand one
hundred and forty eight dollars ($1,148.00) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
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 Wilson Miller/Stantec
and identified as follows: Intersection Improvements Lake
Trafford Road and SR 29 as shown on Plan Sheets 1 - 104.
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:
Julio Ordonez, P.E.
Transportation Engineering
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-8260
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:
Tim Lause, President
Gulf Paving Company, Inc.
3460 Metro Parkway
Fort Myers, Florida 33916
(239) 334-3652
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 concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
ESS
-; .M:L\rt>".J h{.)..~~
Type/Print Name
~
SECOND WITNESS
Dc<v.' J Sf;-,' (Klc.. --.cl.
Type/Print Name
Date: ~~ \ '-\ \ ct-a l \
1
ATTEST:
Ol .
Print Name: SCOTT R. TEACH
Deputy County Attorney
CONTRACTOR:
By ~iu?::-mpanY, Inc.
. .. ~f'Q..5 Lrl~
Type/Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY ~o~,'cX
Date: September 13, 2011
Il'em # -UtM
=~\
O:d q:1l::LL
ITB 11-5679
EXHIBIT A
PUBLIC PAYMENT BOND
Intersection Improvements Lake Trafford Road and SR 29
Bond No. 929520648
Contract No. 11-5679
KNOW ALL MEN BY THESE PRESENTS: That Gulf Paving Company po Box 1584
Fort Mvers. Florida 33902 (239) 334-3652
and Western Surety Company
Surety, located at 101 S. Phillios Ave. Sioux Falls. SD 57104 (407) 919-3948
(Business Address) are held and firmly bound to The Board of Countv Commissioners of Collier Countv. Florida
as Obligee in the sum of Nine Hundred Eighty Two Thousand Nine Hundred Twenty Three and Thirty Two Cents
($ 982.923.32--------- ) for the payment whereof we bind ourselves, our heirs, executors, \
personal representatives, successors and assigns, jointly and severally. \
WHEREAS, Principal has entered into a contract dated as of the r-rday of \
-J \ 10e 2011, with Obligee for Work per Contract No 11-5679 Intersection Improvements Lake Trafford ~d
in Collier County accordance with drawings and specifications, which ~
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
, as Principal,
, as
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment t 0 all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 3rd
day of June 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
ITB 11-5679
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Gulf Paving Company, Inc.
BY: f~
NAM E: i1J (f -.. t..~ v s eo
ITS: t"";s,'de~.
Witnesses as to Principal
STATE OF ~'\, do-
COUNTY OF R-t?--
The foregoing instrument was acknowledged before me this ~-\h day of ""J"u. vu.....
20 ,Qy ',\",,, ~ ~ , as S'\ f'\: of
c;\A ' ~~ \'i\.. &. , a \=i Df"\. 0\.. corporation, on behalf of the
corporation. He s e is personally known to me OR has produced as
identification and did (didnot) take an oath.
(~~ ~. ~\L)~I
(Sign~re of Notary) \)
~~~{: ~ t. L~ ~-\--,,",*r---
(Legi Printed)
"~~\:~'~;:~'" ETHYLENE L LEITHOFF
l'J>. . (~:. Nolary Publie - Slale 01 Florida
[.: :'E My Comm. Expires Del 18 2014
~~ .~i .
"..;.~" o..f>.~ Commission II EE 14875
'11 OF n- \"......
',,,,,,,, Bonded Through National Notary Assn.
NAM E:
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
ITB 11-5679
~vz~
~~
OR
~ ej1~
As Attorney in Fact
(Attach Power of Attorney)
Joseph W. LoPresti
Witnesses
(Printed Name)
Attorney-In-Fact & Florida Resident Agent
Brown & Brown of Florida, Inc.
PO Box 15519
Tamoa. FL 33684-5519
(Business Address)
813-226-1337
(Telephone Number)
STATE OF of lor', ch-
COUNTY OF Wt~l.6txxDU.~~
The foregoing instrument was acknowledged efore r:ne this -~ r d day of
~ ' 2911, by OS-e r h Lo I/-f'S-a , as
"'\\ Of\'\.t' \.\;- \~\~-l C\ . ==\... "Si d'ev\l. ~t of W..e-s.,-t-en) -;'5w 't'_ ~ CD rf\.pa..n~
Surety, on behalf of Surety. He/She is personally known to me OR has produced
p-e(SOt'~_H'-l \L-'f\DLD~ \ as identification:;jJnd w 0 d'd (did not)
take an bath.' . 'L' 1. ,; V
My Commissi n7;~' e$IDtary Public Slate of Florida ~ ~
! . Anita H Gross (Signature) ~ b
~ <:;. .~.p My Commission EE054606 1 ct
.., 0"1.0"" Expires 01/23/2015
e: J,- ~\'I ~ '. --rCDS
(Legibly Printed)
Notary Public, State of: l= La r'~ dCL/
Commission No.: l;:F.:==05LI &0 Lr
(AFFIX OFFICIAL SEAL)
GC-CA-A-3
ITB 11-5679
EXHIBIT A
PUBLIC PERFORMANCE BOND
Intersection Improvements Lake Trafford Road and SR 29
Bond No. 929520648
Contract No. 11-5679
KNOW ALL MEN BY THESE PRESENTS: That
Myers, Florida 33902 (239) 334-3652 , as Principal, and
as
Gulf Paving Company PO Box 1584, Fort
Western Suretv Comoanv
Surety,
located
at
101 S. Phillios Ave. Sioux Falls. SD 57104 (407) 919-3948
(Business Address) are held and
The Board of County Commissioners of Collier County, Florida
Nine Hundred Eiahtv Two Thousand Nine Hundred Twentv Three and Thirtv Two Cents
firmly bound to
, as Obligee in the sum of
WHEREAS, Principal has entered into a contract dated as of the
-S I )(\( 2011 , with
_ Work per Contract No 11-5679 Intersection Improvements Lake Trafford Rd & SR29
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.
($ 982.923.32 -------- ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
\ L\-tt'
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, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
GC-CA-A-4
lIB 11-5679
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 3rd
day of June , 2011, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Gulf Paving Company, Inc.
BV:+ ~$?
NAME: -r;''''-\.. 4v:sc
ITS: H-eS~'~~..--r
Witnesses as to Principal
STATE OF ~ Q~ ~P--
COUNTY OF
The foregoing instrument
\1~~~ ~t--' 2011, by
0-\ ~(""\ dc"
peLsonally known to
, as
, a
He/she is
My Commission Expires:
"""'11,,, ETHYLENE L LEITHOFF
~ ",,~~v "I.JI',
l~m~'~ Nolary Publie - Slale 01 Florida
€. : . E My Comm. Expires Oe118, 2014
~:-;. fi:<j Commission if EE 14875
"...~ ~.."
.. ''',,'If.;,\,''' 80nded ThrouQ!t National Notary Assn.
"'" '_._/
~
Notary Public, State of:
Commission No.:
GC-CA-A-5
ITB 11-5679
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
~Jj
Witnesses
OR
WrnP ~(J~
(As ttorney in Fact
(Attach Power of Attorney)
Joseph W. LoPresti
(Printed Name)
Attorney-in-Fact & Florida Resident Agent
Brown & Brown of Florida. Inc
PO Box 15519. Tamoa. FL 33684-5519
(Business Address)
813-226-1337
STATE OF r=-I D y'( d~
COUNTY OF lli llSbt;(OK~k.-
T foregoing instrument was acknowledlK'd b~fore me. this ~ r d day II~, _ T <t- ~{, "" ~
,2011, bY~DS-eDh W LoVv-es-ti. ,as ~ M4Uit~ ~v- tAct
of W~ l..L ~ {. Qo , a 5o\.L1 \!- t::tt.l\ s. ~15 Surety, on
behalf of Surety. He/She is j::>ersonally known to me OR has produced
'S:D . I tification a d who did (d'd ot) take an oath.
~v ~ Notary Public a e 0 a ~.
. . ~~r. Agi\a H Gross . :I-- "
My Commls ~ '-. .~ :Qlr~j'Commission EE054606 ~
""." "'....".."" Name(An~~t \~, (A'fDf6
(Legibly Printed)
Notary Public, State of: I=Lov\ cL
Commission No.: Gt:cO~L.! G?O &,
(Telephone Number)
(AFFIX OFFICIAL SEAL)
GC-CA-A-6
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Joseph W. LoPresti, Steve Ayers, Anna Lee Duncan, Mary Jane Gwyn, Mia Bush, Individually
of Tampa, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offIcer of the corporatirn and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corpontion.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of July, 2008.
~"\'\~~Ej.~~
;~J"'''''.'''''",c'O'~
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"',Uii:;/rD~~O~
~''''N''I''~
WESTERN SURETY COMPANY
k!/r&.~
Paul . Bruflat, SenIor Vice PreSident
State of South Dakota
County of Minnehaha
} ss
On this 30th day of July, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY CaMP ANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2012
+~Coac.,,,,~c.,c.,,,,,,,c.,"Coao,,,,r.,CooaCoac.,footfotc.,c.,c.,c., +
~ D.KRELL ~
s s
~~NOTARV PUBLIC@~
s~SOUTH DAKOTA s
s s
+c.,c.,c.,c.,,,,c.,c.,c.,c.,c.,,,,c.,~c.,c.,r.,r.,c.,c.,,,,c.,,,,c.,+
~
~,,"bJ;'
My commission expires
CERTIFICATE
1, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 3rd day of June, 2011.
"""Ill"..,,
..!'~~~,!f~~,.
#<t-"'C",.... -'''O~
f /!!( 0.90111/;'\\\
!:'J\(I (C\j~i
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~'~'~I~""~
WESTERN SURETY COMPANY
C1
~4...~
1. Nelson, Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
ITB 11-5679
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 scope of work by the County or as specified in this
solicitation... whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of
policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor
shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any
notices of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the
full extent permitted under such policy.
GC-CA-C-1
ITB 11-5679
Should at any time the Vendor not maintain the insurance coverageM required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverageOO and charge the Vendor for such coverageOO 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 coverageM purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverageOO 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
1. Worker's
Compensation
2. I8l Employer's Liability
3. 181 Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. I8llndemnification
4. 181 Automobile Liability
ITB 11-5679
Collier County Florida
Insurance and Bonding Requirements
and all
Limits Statutes,
Statutory Limits and Requirements
$1.000.000 single limit per occurrence
Bodily Injury and Property Damage
$2,000,000 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.
o Pollution
$
$
Per Occurrence
Per Occurrence
o 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
o Project Professional Liability
D Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
GC-CA-C-3
ITB 11-5679
6. ~ 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. AIl
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. I:8J 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 bome by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
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
insurance provisions.
9. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. [81 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. [81 Thirty (30) Days Cancellation Notice required.
Vendors 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
ACORVIJtJ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
~ 6/2/2011
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 Commercial Lines - (239) 498-5225 CONTACT
NAME:
Wells Fargo Insurance Services USA, Inc. rlJgNJo Ext': I r~ No}:
E.MAIL
27399 Riverview Center Blvd., Suite 104 ADDRESS:
INSURERfSl AFFORDING COVERAGE NAIC#
Bonita Springs, FL 34134-4322 INSURER A : FCCI Commercial Insurance Co.
INSURED Gulf Paving Company, Inc. INSURER B : FCCI Insurance Company 10178
P. O. Box 1584 INSURER C : Travelers Property Casualty Company of America 25674
INSURER D :
INSURER E :
Fort Myers, FL 33902-1584 INSURER F :
GUL43567
~
COVERAGES
CERTIFICATE NUMBER: 2828777
REVISION NUMBER: See below
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 ~~~~ ~~~~ (&8Mg~1 l&gM%~) LIMITS
LTR POLICY NUMBER
A GENERAL LIABILITY GLOO09652 1/1/11 EACH OCCURRENCE $ 1.000.000
- 1/1/12
X 5MMERCIAL GENERAL LIABILITY ~~~~~U9E~~~~~~nce) $ 300.000
- CLAIMS-MADE 0 OCCUR
- MED EXP (Anyone person) $ 10,000
- Special Form PERSONAL & ADV INJURY $ 1,000,000
f- GENERAL AGGREGATE $ 2,000,000
n'L AGGRE~E LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X ~b'9;: n LOC $
A AUTOMOBILE LIABILITY CA0015004 1/1/11 1/1/12 ~~~~~~~~t~INGLE LIMIT ~ 1,000,000
f---
X ANY AUTO BODILY INJURY (Per person) $
f- ALL OWNED - SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) $
f--- -
NON-OWNED ;P~~~;c~~t?AMAGE
X HIRED AUTOS X AUTOS $
- -
$
A UMBRELLA LIAB M OCCUR UMBOO09972 1/1/11 1/1/12 EACH OCCURRENCE $ 5,000,000
-
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
OED I X I RETENTION $ 10000 $
WORKERS COMPENSATION X I T"l,f STf:T.~;, I IOTH-
B AND EMPLOYERS' LIABILITY 001-WC11A-63169 1/1/11 1/1/12 T RYLI IT ER
Y/N 1,000,000
ANY PROPRIETORlPARTNERlEXECUTIVE 0 EL EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? N/A
(Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $
C Rented/Leased Equipment QT -660-2320X469 1/1/11 1/1/12 Limit: 250,000 per item
Deductible: 1 % subject to 2,500
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate Holder is Additional Insured as respects General Liability.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Altn: Brenda Brilhart ACCORDANCE WITH THE POLICY PROVISIONS.
Purchasing Department AUTHORIZED REPRESENTATIVE
3327 Tamiami Trail East 9(~-
Naples, FL 34112
I
The ACORD name and logo are registered marks of ACORD
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)
ITB 11-5679
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and 'waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor. and Owner dated , 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 [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2011, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME::
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-5
ITB 11-5679
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
Remaining Contract Balance $
.,
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type i~arlle & 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 D (Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALJ
NUMBER VALUE MA TERIALS COMPLETED COMPLETE TOFI
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 you will place all information until the contract is complete unless a
into play. If this happens. all information up to the date of the % change in retainage is placed in the Thru Date column. Information after that date is place.
what has happened since the change in retainage.
I
GC-CA-D-2
Exhibit 0 (Continued)
Stored Materials Record
. A B C
Invoice Previously Received Previously
Date Description Supplier Number Received This Period Installed
..
Formula" A of
GC-CA-D-3
ITB 11-5679
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount. ....:........... ................ .......... ................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ........................................................... $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code: ..
Project
GC-CA-E-5
ITB 11-5679
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:
RESPONSIBILITIES:
GC-CA-F-1
ITB 11-5679
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
ITB 11-5679
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2011
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
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 tcr 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)
(iJepanment l\lame)
(Signature)
(Name & Title)
by Owner:
GC-CA-G-1
ITB 11-5679
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
ro;:]rls' work arp.8: !ivinq faciliti8s; clim::l.tir. conditions and seasons; physical conditions at
GC-CA-H-1
ITB 11-5679
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 tFie Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
CornractOl Call11Ul aglee on an adjustrneilt to Contrc:;ctor's cost or time of performancp,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
s~ileJuit; fuil:' ; '~'J "~ (1"..,_;;" "i': ~~ SrI ,,',"\ T.,,,, D:c~rC'C'~ ~f'hDrll!k' She!I
GC-CA-H-2
ITB 11-5679
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 doUar 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 Wayne P. Hartt, PE,
Wilson MillerlStantec, located at 12801 Westlinks Drive, Fort Myers, Florida 33913..
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
2r,:::1 s'.J:hbl" st~rpd 8t the sitp nr ::1t 8.nother 10t":2tion and such payment and storage
GC-CA-H-3
ITB 11-5679
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
Contractm'::; V\'ork.
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
Su ;~i "..::;i, 2,U0n: ~ :', or <', ~;;;;!,0; !r, the form "ltt8.f'herl 8S Fxhil)it r.
GC-CA-H-4
ITB 11-5679
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
tl:8t tho '-^lork C;::1n he completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
f"' C';-'~"?-::~",r ~!lY wri+tr:'" rC'tir'f"' prior tn :pdiflfinn tflp situation at Contractor's exoense.
GC-CA-H-5
ITB 11-5679
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.
I.L VVherlE:ver IIlater idis or equipi IlenL are specified ul uescriued ill the Contrdct
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
GC-CA-H-6
ITB 11-5679
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 sil1lilar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
, Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manaqer on a weekly basis a dailv log of the Contractor's work for the precedinCl
GC-CA-H-7
ITB 11-5679
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 \('Jork;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
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 shoo dr;:Jwin(J~ shall hE" cielivereG to Project Manwler by Contractor for Owner.
GC-CA-H-8
ITB 11-5679
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 Nat4.re or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
GC-CA-H-9
ITB 11-5679
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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 chanqes may be
GC-CA-H-10
ITB 11-5679
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 1 O.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
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
..-d~ :::,H' :::.r's'lon +" H-,C C~'~~~~ .~+ T:n~~ ~.. a..-!;u"tmr-nt~..... ~h ~ r-"nt~~~+ ^m~' 'r+
all eAlC I I Lv L11 - VI ill avL I I i Iv vi - UJ oJ I C LV lilt:. \"';UII i <Avl r\ i IUU, It.
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
GC-CA-H-11
ITB 11-5679
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 Manag~r 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.
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.
'.4. COrViPUAhiCE VviTH LAVvS.
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
GC-CA-H-12
ITB 11-5679
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
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. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E-Verif" Pr00ram Th"" Clffidavit is att2ched to t.he solicitation do~uments If tt,e
J ..., -
BidderNendor does not comply with providin~ both the acceptable E-Verify
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.
GC-CA-H-13
ITB 11-5679
For additional information regarding the Employment Eligibility Verification System (E-
Verify) program visit the following website: htto://www.dhs.gov/E-Verify. 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
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
pdyingfor perlllits issueJ by Coliier COUillY, UUl Contral;Lor i::. respoilsible fOI dCljuirillg
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.
GC-CA-H-14
ITB 11-5679
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 perforrt;l 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) withjn seven (7)
calendar days following receipt by Contractor of said written notice. or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
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ITB 11-5679
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.
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 riqht to terminate the
GC-CA-H-16
ITB 11-5679
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 Professionaf 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 shalf notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final . inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to theV\iol KS acceptability, even though the Design Professional may have issued It::;
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
GC-CA-H-17
ITB 11-5679
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 atter Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractors
GC-CA-H-18
ITB 11-5679
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 ded.uct 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 b~yond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
lime, olrectiy attributable to SUCil uncovering, exposure, observation, inspecLion, tesling
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 tne Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
GC-CA-H-19
ITB 11-5679
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 evalua.tion 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 90ntract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner'~ anomval anc! not be reolaced without prior written notice to Proiect Manaaer
. ., ','
GC-CA-H-20
ITB 11-5679
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 projec~ 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 5.8, 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 Gontractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
?v~.1 'n H,c~".~~' ,.,~ -~ ~'Y1~"g~n~" -fc~C+I"lr' J.l,,~, ~~r~,+'y' o~ pro+c~tl'~" "f ~"r.~-.~~ "~tl---,,
- II 1..a\...J C:vCIIl VI Oil GIIII......'I ~ IV} aile L I ~ 1.I1\:,.. Vu'I\:"'l, 'I lev Vii Vi tJvlvUllv Vi ilL
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
GC-CA-H-21
ITB 11-5679
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, 'the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervisIng all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
;espon~ib!!:~ies for the safety 2nd protection of the \Nork sh2!l sor:tiruc until ~uch tirle
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.
GC-CA-H-22
ITB 11-5679
All electrical installations shall be labeled with appropriate NFPA 70E arch flash
boundary and PPE Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
GC-CA-H-23
ITB 11-5679
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor, shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
"
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (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.
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 c,usls associated vvi~h the MaintenancE; of Trarfic sha:1 l)(:~ ji icluU8d on the lille jit;! Ii 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
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ITB 11-5679
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall. prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
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
sh811 negoti8tp all r:h8n\lp Orders. \^,nrk nirertive r:h:=tnqes Field Orders 8nd Renuests
GC-CA-H-25
ITB 11-5679
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 st;Jall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
GC-CA-H-26
ITB 11-5679
(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 r~medy 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 a(ld including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34. 1 .4
34.1.5
34.1.6
34.'1.,'
34.1.8
34.1.9
34. 1 . 1 0
34.1.11
34. 1 . 12
34.1.13
34. 1 . 14
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 ACCoulliing Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
GC-CA-H-27
34.1.15
34. 1 . 16
34. 1 . 17
34.1.18
34, 1 . 1 9
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
ITB 11-5679
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
(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 I Contractor I 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
""Ylp,,,,,'''',nnt \fnr'lfir-...,fio'l" ""'''d OH-ar r",ht",.-J yc.cor.-J(' Cr'n+r...."+,..,r chal' hn r...,,.,. ,;rorl +0
\...;'111 IV)'lil,"",,111.. ........, ilV'-"1.1 1,-,'-"'.:1 "'IIG vl........I..\...oU I luv. >..JI lluvi..UI 01 OJ u"-,, l"-'~\..tjltu l.
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
GC-CA-H-28
ITB 11-5679
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, wbich 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. ABOVEGROUNWUNDERGROUNDTANKS
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
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
doerlls careless, inconlpetcnt, ii')subordinatc or othc;vvls2 objectionnblc and \v:'~Gse
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
GC-CA-H-29
ITB 11-5679
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
ITB 11-5679
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. Exhibit of Granting Agency Requirements (Provided in Separate File)
3. Granting Agency Forms (Provided in Separate File)
GC-CA-I-1
ITB 11-5679
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
ITB 11-5679
EXHIBIT K
PERMITS
GC-CA-K-1
ITB 11-5679
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
Provided in Separate File
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
ATTACHMENTS
1. Required DBE Language for Contracts
2. Anticipated DBE Participation Statement (Form No. 275-030-12)
3. Instructions for Reporting Actual Payments
4. Bid Opportunity List (Form No. 275-030-10)
Revised 02/15/2011
26
Attachment 1
DBE LANGUAGE for CONSTRUCTION CONTRACTS
Contract Assurance: The Contractor, Subrecipient 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
Department-assisted contracts. Failure of 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.
DBE LANGUAGE for CONSULTANT CONTRACTS
Contract Assurance: The Consultant, Subrecipient, or subconsultant shall
not discriminate on the basis of race, color, national origin or sex in the
performance of this contract. The Consultant shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of
Department- assisted contracts. Failure of the Consultant 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.
Revised 02/15/2011
27
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM
ANTICIPATED DBE PARTICIPATION
STATEMENT
Attachment 2
275-030-12
EQUAL OPPORTUNITY OFFICE
03/09
2. FOOT LAP AGREEMENT 3. LOCAL AGENCY
1. FOOT LAP AGREEMENT# CONTRACT 4. LOCAL AGENCY'S NAME
AMOUNT (PRIME)#.
5. PRIME CONTRACTOR'S NAME 6. FEID NUMBER - PRIME CONTRACTOR)
7. CONTRACT DOLLAR AMOUNT 8. FEID NUMBER - (LOCAL AGENCY)
9. IS THE PRIME CONTRACTOR A FLORIDA- YES 0 10. IS THE WORK OF THIS CONTRACT .
CERTIFIED DISADVANTAGED BUSINESS NO 0 CONSTRUCTION 0 OR MAINTENANCE DOTHER?
ENTERPRISE (DBE)?
11. REVISION (Y/N)? IF YES, REVISION NUMBER
12. ANTICIPATED DBE SUBCONTRACTORS (BELOW):
PERCENT OF
DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT
DOLLARS
A
B
C
D
E
F 11A TOTAL DOLLARS TO 118 TOTAL PERCENT OF
DBE'S CONTRACT
$0.00 0.00%
SECTION TO BE COMPLETED BY PRIME CONTRACTOR
13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER
16. EMAIL ADDRESS OF PRIME CONTRACTORlUBMITTER 17. .,.X NUMBER I 18. PHONE NUMBER
I
SECTION TO BE COMPLETED BY LOCAL AGENCY
19. SUBMITTED BY 20.DATE 21. TITLE OF SUBMITTER
22. Er~t~IL l\~DR.E~S or SUOfJ1lTTCR 23. r:.x NUi'..13C{1 2,~. r;.lON::: r:UT,:S::-:
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY. FUNDED FOOT
CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS.
THIS FORM MUST BE SUBMITTED AT THE PRE. CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY
OFFICE.
THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE
I LAP NAME DATE TO EOO OFFICE I EXECUTED DATE (LAP I EXECUTED DATE (BETWEEN I PRE-CONSTRUCTION
DISTRICT (ELECTRONICALLY) AGREEMENT) LOCAL AGENCY AND PRIME) CONFERENCE DATE.
r I I I I
28
Attachment 3
INSTRUCTIONS FOR REPORTING ACTUAL PAYMENTS
To comply with 49 Code of Federal Regulations (CFR) Part 26, the Department is also required to
collect actual payments made to Subcontractors and Subconsultants in addition to the planned DBE
participation. The Local Agency is required to report data on actual payments, minority status, and the
type of work of all Subcontractors, Subconsultants, and major Suppliers. Each month the Local
Agency must report actual payments to all DBE Subcontractors, Subconsultants, and Suppliers.
Payments to all non-DBE Subcontractors and Subconsultants can be reported either monthly or at the
end of the project. Local Agency may submit this information to the District LAP Administrator or
designee manually or electronically in an Excel spreadsheet. This information will be forwarded to
Carol Greene, Equal Opportunity Office at carol.qreene@dot.state.fl.us.
NOTE: It is extremely important that the Contractor submits the" Anticipated DBE Participation
Statement" at the preconstruction conference for all Federally- funded projects to the Local Agency.
This primary information is used by the Federal Government to evaluate the Department's
performance in the DBE Program.
29
FLORIDA DEPARTMENT OF TRANSPORTATION
BID OPPORTUNITY LIST
Attachment 4
FORM #275-030-10
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:
Address/Telephone Number:
Bid/Proposal Number:
Quote Submitted MM/YR.
49 CFR Part 26.11
The followina is intended to be a listing of all firms that are participating, or attempting to participate, on Department-assisted
contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies
on Department-assisted projects, including both DBEs and non-DBEs. For consulting companies, this list must include all
Subconsultants contacting the Local Agency and expressing an interest in teaming with the Local Agency on a specific
Department- assisted project. Prime .,
Contractors and Consultants must provide information for N umbers1, 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:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. [] OBE
[] Non-OBE
8. Annual Gross Receipts
[] Less than $1 million
[] Between $1 - $5 million
[] Between $5 - $10 mil ion
[] Between $10 - $15 million
[] More than $15 million
7. [] Subcontractor
[] Subconsultant
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. C OBE
C Non-OBE
8. Annual Gross Receipts
[] Less than $1 million
[] Between $1 - $5 million
D Between $5 - $10 mil ion
[] Between $10 - $15 million
[] More than $15 million
7. C Subcontractor
C Subconsultant
"".._'...........,..~.._._.._.----"-,--~_.~...-._.,, ~... .. --'.........'._..~~.._~-~, .-........ ....,.~
1. Federal Tax 10 Number:
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. [] OBE
[] Non-OBE
8. Annual Gross Receipts
[] Less than $1 million
[] Between $1 - $5 million
[] Between $5 - $10 mil ion
[] Between $10 - $15 million
[] More than $15 million
7. [] Subcontractor
[] Subconsultant
__"'_~_""_ ...._.-._.a..___.~......""'..._._____.___.,.~.._~__._~.__.___ ~.____. '."."'__"_"'_'_~ ......_____~_..__.~~.~ .~.,_~..____.'_~_~.__~~_~_~.. "''''_''~'_'_'''''~_'_~'"-__' ~'~_'__"___..__~~.~."'" ............._.. ....~___<<_
30
Modified April 27, 2009 I
RESOURCES
Florida Department of Transportation
Equal Opportunity Office
http://www.dot.state.fl.us/equalopportunitvoffiee/
49 CFRPart 26
http://www . doter. ost. dot. QOV /asp/d be. asp
Bid Opportunity List
http://formserver.dot.state.fl.us/MiseRepositorv/forms/27 503010. pdf
Disadvantaged Business Enterprise Directory
https://www3.dot.state.fl. us/EqualOpportun itvOffiee/biznet/mainmenu. asp
Federal Highway Administration
http://www.fhwa.dot.Qov/
SECTION 1: PROJECT IDENTIFICATION
2. F.A.P. No. 3. FOOT LAP Contract No.
6.Prime Contractor '5 Name
7.Com an Name of Contractor, Su
this certification 8. FEIO No of Co. in Box 7
SECTION 2: CERTIFICATION STATEMENTS
CERTIFICATION OF
NONSEGREGATED FACILITIES
As a federally assisted construction contractor, I
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
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
~~.~ f:''"'\'isicns of FHVVI'..,.1273.
race, color, religion or national origin because of Compliance with Title VI of the Civil Rights Act and the
provisions of the American Disabilities Act of 1990 are
habit, local custom, or any other reason. incorporated in this certification.
Certification 10. Job Title of erson named in Box 9
11. Si nature of Certifying Official
12. Date of Si nature
32
Certification of Non Segregation & Non Discrimination
Instructions for Completing Form
This form is provided to contractors on federally assisted road and bridge construction projects to affirm
their commitment to nondiscrimination and non segregated facilities during the term of a contract.
Box 1: Fin. Proj No. - The Financial Project Number
Box 2: F AP No. _ The Federal Aid Project Number assigned to federally funded projects or 'non-F AP'
Box 3: FDOT LAP Contract No. - The project's Local Area Project ('LAP') number
,
Box 4: County - County or counties project work is being performed in
Box 5: District or Local Agency - The Department's District Number Designation where the project is located
Districts are 1-7, and the Turnpike District or the name of the city, county or entity administering the
contract
Box 6: Prime Contractor Name - The name of the prime contractor.
Box 7: Company Name of Contractor, Supplier, Rental Company or Agency Submitting this certification - name of
company submitting the certification
Box 8: FEID No. - Federal Identification Number of company named in Box 7
Box 9: Name (first, last (of corporate official signing certification. - First name, last name
Box 10: Job Title of person named in Box 9 - job title
Box 11: Signature of Certifying Official - signature of person named in Box 9
Box 12: Date of signature - Month/day/year of signature
33