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#11-5695 (Quality Enterprises USA, Inc.)DESIGN -BUILD AGREEMENT between Collier County Florida and Quality Enterprises USA, Inc. dated Mal .1a 2012 11 -5695 Design -Build Immokalee Road Wildlife Crossing Table of Contents 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 2. OWNER'S RESPONSIBILITIES 3. INSURANCE REQUIREMENTS 4. INDEMNIFICATION 5. CONSEQUENTIAL DAMAGES 6. LAWS AND REGULATIONS 7. INDEPENDENT CONTRACTOR 8. CONTRACT AMOUNT 9. CHANGES IN THE WORK. 10. DISPUTE RESOLUTION 11. ASSIGNMENT 12. HAZARDOUS CONDITIONS 13. DIFFERING SITE CONDITIONS 14. PERFORMANCE OF WORK AND REMEDY 15. FORCE MAJEURE 16. CHANGE IN LAW 17. TERMINATION FOR CAUSE 18. TERMINATION FOR CONVENIENCE 19. PERFORMANCE BOND AND PAYMENT BOND 20. TITLE TO WASTE 21. SAMPLES 22. DOCUMENTS 23. CONFIDENTIALITY 24. SEVERABILITY 25. SURVIVAL 26. EXHIBITS INCORPORATED 27. NOTICES 28. DIRECT PURCHASE 29. CAPTIONS AND HEADINGS 30. VENDOR PERFORMANCE EVALUATION 31. TRUTH IN NEGOTIATION CERTIFICATE 32. ENTIRE AGREEMENT 33. SUBJECT TO APPROPRIATION EXHIBIT A: PROJECT SCOPE AND SERVICES AND ADDENDUM TO FEDERAL CLAUSES EXHIBIT B: INSURANCE REQUIREMENTS EXHIBIT C: DESIGN PHASE COMPENSATION SCHEDULE EXHIBIT D -1: APPLICATION FOR PAYMENT EXHIBIT D -2: SCHEDULE OF VALUES EXHIBIT E: PRICE PROPOSAL FORM (INCLUDING BID BOND, ADDENDA AND ALL DOCUMENTS UNDER TAB VII OF THE RFP) EXHIBIT E -1: RELEASE AND AFFIDAVIT FORM EXHIBIT F -l: CHANGE ORDER FORM EXHIBIT F -2: WORK DIRECTIVE CHANGE EXHIBIT G: CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT H: FINAL PAYMENT CHECKLIST EXHIBIT I: REVENUE LOADED PROJECT SCHEDULE EXHIBIT J -1: PUBLIC PAYMENT BOND EXHIBIT J -2: PUBLIC PERFORMANCE BOND EXHIBIT K: PERMITS EXHIBIT L: TRUTH IN NEGOTIATION CERTIFICATE EXHIBIT M: LIST OF DESIGN PROFESSIONALS EXHIBIT N: STORED MATERIALS RECORD DESIGN -BUILD AGREEMENT This Agreement is made this 22nd day of May, 2012 between Quality Enterprises USA, Inc., a Virginia corporation, authorized to do business in the State of Florida (hereinafter called "CONTRACTOR "), whose business address is 3894 Mannix Drive, Suite 216, Naples, Florida 34114 -5406 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter called the "OWNER "). 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 CONTRACTOR shall perform, or arrange for the performance of those architectural, engineering, surveying, hydro geological, soils testing, procurement and construction, start-up, testing, training and warranty services ( "the Work ") necessary in connection with the design and construction of the OWNER's project (the "Project "). These services shall be as described in Exhibit A — "Project Scope and Services ", and this Article 1, including but not limited to, all labor, services, materials and equipment as may be required to complete the Work in compliance with the Contract Documents. 1.2 Design Professional Services 1.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering surveying, hydro - geological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A- Project Scope and Services, and this Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 1.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit M to provide all required professional design services for the Project ( "Design Professionals "). All changes to the list of Design Professionals set forth in attached Exhibit M must be approved in advance and in writing by OWNER. 1.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and, following the meeting, OWNER shall review and approve the interim design submissions. 1.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 1.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project, as noted in the Scope of Work. 1.3 Construction Services 1.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide to itself or duly licensed and qualified Sub- CONTRACTORs the necessary management, supervision, financing, labor, inspection, testing, start -up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and /or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described in Exhibit A- Project Scope and Services, and this Article 1. 1.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 1.3.3 CONTRACTOR shall coordinate the activities of all Sub- CONTRACTORs. If OWNER performs other work on the Project or at the site with separate CONTRACTORS under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTORS so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 1.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 1.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 1.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. 2. OWNER'S RESPONSIBILITIES 2.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information, i.e., record as -built drawings and legal site descriptions if they are available, the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 2.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or Sub - CONTRACTORs, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and Sub - CONTRACTORs, reasonable access to the site. 2.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 2.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 2.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its Sub - CONTRACTORS, with particular reference to utilities and hazardous substances or conditions. 2.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes, tanks, cables and utilities as known to OWNER. 2.7 OWNER shall, within seven (7) days of occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 2.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in the Scope of Work, Exhibit A. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR can not obtain. 3. INSURANCE REQUIREMENTS 3.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: 3.1.1 Workers' Compensation as required by the state where the Work is to be performed including Employer's Liability; Commercial General Liability including Contractual Liability and Explosion, Collapse and Underground, Comprehensive Automobile Liability, including Owned, Non -owned and Hired Vehicles. 3.1.2 Limits of Liability Provided: (a) Workers' Compensation in the statutory limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident. b) Commercial General Liability: Bodily injury - $1,000,000 per person, $1,000,000 each occurrence. Property damage - $1,000,000 per occurrence; Annual aggregate for all claims of $2,000,000. C) Automobile Liability - Combined Single Limit $1,000,000 all autos. d) Excess Umbrella - $ 1,000,000. e) Professional Errors and Omissions - $1,000,000 per claim. 3.2 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORS, Design Consultant, Sub- CONTRACTORs, 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORS, Design Consultants and Sub- CONTRACTORs and shall require each of them to include similar waivers in their contracts. 3.3 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.4 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 this Article 3, with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 3.5 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 3.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 3.7 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be CONTRACTOR's sole responsibility. 3.8. Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 3.9 The CONTRACTOR and /or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non - renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 3.10 Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurancg, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 3.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. 4. INDEMNIFICATION 4.1 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, its Design Consultants, and its SubCONTRACTORs, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 4.2 The duty to defend under this Article 4 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 4 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. 5. CONSEQUENTIAL DAMAGES Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence), statute or strict liability. 6. LAWS AND REGULATIONS 6.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 6.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. 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. 7. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subCONTRACTOR(s). 8. CONTRACT AMOUNT 8.1 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 amounts (herein "Contract Amount "), in accordance with the terms of this Agreement: For all Design Phase Services, including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by the CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the work (as that term is defined hereafter a total lump sum of $ 864 500.00 (eight hundred sixty four thousand five hundred dollars) for entire Project Payment terms as described in 8.1 below. Monthly Progress Payments — Construction Phase Services 8.1.1 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Prior to submitting its first monthly Application for Payment, CONTRACTOR shall submit to OWNER, for review and approval, a Risk Management Plan, Quality Assurance /Quality Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan, and a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the OWNER, 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 to the OWNER along with a completed copy of the Application for Payment form as prescribed in Exhibit D, signed by the CONTRACTOR's authorized representative and attached to the Agreement as Exhibit D - 1 8.1.2 If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the OWNER in writing, the Application for Payment shall also 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 subsequent 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 N. 8.1.3 CONTRACTOR shall submit four (4) copies of its monthly Application for Payment to the OWNER or his designee. The OWNER or his designee 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 contractual basis 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 shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the OWNER or his designee, the CONTRACTOR may make the necessary corrections and re- submit the Application for Payment. 8.1.4 OWNER shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved 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 throughout the course of the Project schedule. At the point at which the OWNER has expended fifty percent (50 %) of the total cost of construction services as defined by OWNER, OWNER shall reduce the amount of the retainage withheld on each subsequent payment request to five percent (5 %) subject to the guidelines set forth in Florida Statute 255.078. 8.1.5 Monthly payments to the CONTRACTOR shall in no way imply approval or acceptance of CONTRACTOR's work. 8.1.6 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the OWNER shall not be required to make payment until and unless these affidavits are furnished by the CONTRACTOR. 8.1.7 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 OWNER'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 the CONTRACTOR as set forth in the approved Project Funding Schedule. 8.1.8 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. 8.2 Payments Withheld 8.2.1 The OWNER may decline to approve any Application for Payment, or portions thereof, because of evidence or inspections that reveal non - compliance with the contract documents. The OWNER 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, to such extent as may be necessary in the OWNER's reasonable opinion to protect it from loss because of any of the following: (a) defective Work not remedied; (b) third party claims actually filed for which CONTRACTOR is required to indemnify OWNER; (c) failure of CONTRACTOR to make payment properly to subCONTRACTORs or for labor, materials or equipment not caused by the failure of the OWNER to make payments to the CONTRACTOR in a timely manner as provided herein; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time, except as provided in Article 15 of this Agreement; (f) unsatisfactory prosecution of the Work by the CONTRACTOR; or (g) any other material breach of the Contract Documents. 8.2.2 If the CONTRACTOR has not remedied or cured or commenced reasonable actions to remedy or cure the conditions described in 8.2.1. not later than receipt of seven (7) calendar days prior written notice OWNER may rectify the same at CONTRACTOR's expense. OWNER also may offset against any sums due CONTRACTOR the amount of any liquidated or non - liquidated obligations of CONTRACTOR to OWNER, whether relating to or arising out of this Agreement. 8.3 Substantial Completion 8.3.1 CONTRACTOR shall notify OWNER or his designee, when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of OWNER's receipt of CONTRACTOR's notice, OWNER and CONTRACTOR will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If OWNER agrees in its reasonable discretion that such Work is substantially complete, OWNER shall prepare and issue a Certificate of Substantial Completion attached as Exhibit G. that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing OWNER's and CONTRACTOR's responsibility for the Project's security, maintenance, utilities and insurance pending final payment and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 8.3.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 8.3.3 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 8.4.1 above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 8.4 Final Payment 8.4.1 OWNER shall make final payment to CONTRACTOR within thirty (30) calendar days after the Work is finally inspected and accepted by the OWNER in accordance with Article 8.4 herein. 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 E. (3) Consent of surety to final payment. (4) Receipt of the final payment check list in the form attached as Exhibit H. (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. (6) OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 8.4.2 CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims for payment of compensation hereunder by CONTRACTOR against OWNER ,except those previously made in writing and identified by CONTRACTOR as unsettled at the time of the 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 OWNER at the time of final inspection. 8.5 Contract Time and Liquidated Damages 8.5.1 Time is of the essence in the performance of the Work under this Agreement. to as Exhibit C. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Work within five (5) calendar days from receipt of 10 the notice of 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. 8.5.2 Exhibit I shall include a schedule of the dates that the Work associated with these Services must be substantially completed by CONTRACTOR. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Work within five (5) calendar days from receipt of the notice of the Commencement Date. That Substantial Completion date shall be established in terms of calendar days after the Commencement Date. 8.5.3 The Work shall be substantially complete within 351 (Three hundred fifty one) calendar days from the Commencement Date. The date of completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which it is intended. 8.5.4 The work shall reach final completion and be ready for final acceptance by OWNER 381 (Three hundred eighty one) calendar days from the Commencement Date. 8.5.5 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above. Should CONTRACTOR fail to substantially complete the Work within the time period noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, $1,148.00 (one thousand one hundred forty eight dollars) 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 be also entitled to assess and CONTRACTOR shall be liable for all actual costs incurred by OWNER to complete the project as a result of CONTRACTOR failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the OWNER's Project Manager or his /her designee issues a Certificate of Substantial completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 8.5.6 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and /or otherwise dispute any and all such fines and/or penalties should any be threatened to be imposed. 8.5.7 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. 8.5.8 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written 11 suspended, the 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 Article Eight herein. 8.5.9 When any period of time is referenced herein by "days ", the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 8.5. 10 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days." 8.5.11 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 /or 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. 8.5.12 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 damages due under this Agreement in OWNER's sole discretion. 8.5.13 Notwithstanding anything herein to the contrary, The OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 8.5.14 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 8.5.15 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 8.5.16 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. 9. CHANGES IN THE WORK. 9.1. OWNER shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, CONTRACTOR shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon mutual written agreement of the parties, and OWNER shall not be liable to the CONTRACTOR for any 12 increased compensation without such written order. No officer, employee or agent of OWNER is authorized to direct any extra or changed work orally. 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 Design Builder 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. 9.2. A Change Order, in the form attached as Exhibit F 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. 9.3. 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 the forms attached as Exhibit F -1. 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 and in strict compliance with Section 10 of these General Conditions or else be deemed to have waived any claims with regard to that adjustment or those adjustments. 9.4 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 labor and material costs and reasonable actual equipment costs as a direct result of the change (including allowance for labor overhead costs) plus a maximum ten percent (10 %) markup for profit, provided also that the respective increase(s) (including those below as to SubCONTRACTORs, etc.,) would not have been incurred but for those specific change(s). 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. 9.5 OWNER shall have the right to conduct an audit of CONTRACTOR's books and records to verify the accuracy of the CONTRACTOR's claim(s) with respect to CONTRACTOR's costs associated with any Change Order. The OWNER 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 that is not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the CONTRACTOR. 9.6 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. 10. DISPUTE RESOLUTION 10.1 A 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. 10.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48) hours from when the Design Builder knew or should have known of the event giving rise to such Claim or else the Design Builder shall be deemed to have waived the Claim. Written supporting data shall be 13 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. 10.3 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 pending resolution of any Claim. 10.4 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 CONTRACTOR 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 CONTRACTOR 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. 11. ASSIGNMENT CONTRACTOR shall not assign this Agreement or any part thereof without prior expressed written consent of OWNER, which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such 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. 12. HAZARDOUS CONDITIONS 12.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 12.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 12.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi - government entities having jurisdiction over the Project or site. 12.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and /or Contract Time(s) to the extent CONTRACTOR's cost and /or time of performance have been adversely impacted by the presence of Hazardous Conditions. 13. DIFFERING SITE CONDITIONS 13.1 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 14 from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition to such determination by OWNER must be made within seven (7) calendar days after CONTRACTOR's receipt of OWNER's written determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 14. PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subCONTRACTOR(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrant to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2. No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other 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 County to disqualify the CONTRACTOR from future County bid opportunities. 15. FORCE MAJEURE 15.1 Not withstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force majeure, by any act of CONTRACTOR, of OWNER or a third party, by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided, however, that the delay would not have occurred but for the act or the force majeure. 15.2 In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove, to carry out its obligation under this Agreement, other than its 15 obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five (5) business days of discovery of the act or force majeure. Following such notice, the effective obligations of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. 15.3 The term "force majeure" as employed herein shall mean acts of Nature, acts of public enemy, war, blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) and /or any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. 16. CHANGE IN LAW CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a) the enactment, adoption, promulgation, modification, repeal, or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity, if the issuance or modification of any such order, decree, or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. 17. TERMINATION FOR CAUSE 17.1. 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: either fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable; or (4) discontinues prosecution of the Work; or (5) fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6) and (7) herein is allowed to the extent not prohibited by then applicable law. 17.2. OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against 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 may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means, method or agency which OWNER, in its sole discretion, may choose. 17.3. 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 lU 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 reasonable attorneys' fees, including appeals) 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, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. 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 with such interest 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 OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4. The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5. 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 CONTRACTOR's remedies against OWNER shall include all costs and expenses incurred by the CONTRACTOR as a result of the OWNER's actions, including reasonable attorney's fees. 17.6. The OWNER shall use all reasonable and diligent, good faith efforts to mitigate any of its damages against the CONTRACTOR. 18. TERMINATION FOR CONVENIENCE 18.1. 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. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five (5) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, 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. If the aggregate suspension is more than thirty (30) calendar days, the CONTRACTOR be entitled to a reasonable extension of time and additional compensation. Provided, however, if the ordered suspension exceeds six (6) months, the CONTRACTOR shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 19. PERFORMANCE BOND AND PAYMENT BOND 19.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit J, in the amount of 100% of the Contract Amount, the costs of which 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 17 may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Moreover, 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. Should the contract amount be less than $500,000, the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 19.2 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 fourteen (14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 19.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder 20. TITLE TO WASTE At no time will CONTRACTOR take title, constructive or express, to any hazardous or toxic substance or constituent, to any waste, or to any asbestos or asbestos containing- materials. 21. SAMPLES Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. NON - HAZARDOUS SAMPLES. At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 22. DOCUMENTS 22.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 22.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONTRACTOR under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 18 22.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed, or longer where required by law. 22.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 23. CONFIDENTIALITY 23.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes, products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 23.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a. Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees, agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; Was independently developed by CONTRACTOR; or e. Was required to be disclosed by law. Provided, however, CONTRACTOR shall not release, or cause or allow the release of, information to the communications media, except as required by law, concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two (2) years from the completion of Services. 24. SEVERABILITY In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 25. SURVIVAL WE All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. 26. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Project Scope and Services and Addendum to Federal Clauses Exhibit B: Insurance Requirements Exhibit C: Not applicable to this Agreement Exhibit D -1: Application for Payment Form Exhibit D -2: Schedule of Values Exhibit E Price Proposal Form (Including Bid Bond, Addenda, and all documents under Tab VII of the RFP) Exhibit E -1: Release and Affidavit Form Exhibit F -1: Change Order Form Exhibit F -2: Work Directive Change Exhibit G: Certificate of Substantial Completion Exhibit H: Final Payment Checklist Exhibit I: Revenue Loaded Project Schedule Exhibit J -1: Performance Bond Form Exhibit J -2: Payment Bond Form Exhibit K: Permits Exhibit L: Truth in Negotiation Certificate Exhibit M: List of Design Professionals Exhibit N: Stored Materials Record 27. NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid, to the following addresses: CONTRACTOR OWNER Quality Enterprises USA, Inc. Collier County Purchasing Department 3894 Mannix Drive, #216 3327 Tamiami Trail East Naples, FL 34114 Naples, Florida 34112 Attn: Louis J. Gaudio, Vice President ATTN: Purchasing & General Services Director For the purposes of this Agreement, notices shall be deemed to have been received upon three (3) days time after posting of the written notice in the U.S. Mail. 28. DIRECT PURCHASE 28.1 The OWNER reserves the right to require CONTRACTOR to assign some or all of its agreements with material suppliers directly to the OWNER. Any such goods and /or materials purchased by the OWNER pursuant to such an assignment of a material supply agreement shall be referred to as "OWNER Furnished Materials" and the responsibilities of both the OWNER and the CONTRACTOR relating to said materials shall be governed by the terms and conditions of this Agreement which shall take precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. Additionally, the OWNER; at it's sole option; may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the OWNER may require the following information from the CONTRACTOR: 20 I . Required quantities of material. 2. Specifications relating to goods number or type if applicable 3. Pricing and availability of goods with material suppliers 28.2 Purchasing and /or materials required for job including brand and /or model and /or materials provided under CONTRACTOR's agreements A Change Order to the contract along with the Contract Modification Form will be prepared by the Project Manager in accordance with the applicable Change Order procedures. The Change Order shall identify the items for removal from the contract and the corresponding price adjustments. The original Purchase Order will be reduced by the amount of the associated direct purchase item(s). Upon receipt of a proper requisition (including appropriate backup material(s), the Change Order shall be attached to the purchase requisition. The Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the OWNER's certificate of exemption number, along with a properly executed Certificate of Entitlement in accordance with Section 212.08(6), F.S. The Purchase order shall be given to the Project Manager for completion of the ordering process. The using department shall be responsible for ensuring that the vendor and the CONTRACTOR receive a copy of the Purchase Order and the Certificate of Entitlement. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 28.3 General Terms and Conditions A. CONTRACTOR shall be required to maintain records of all OWNER- furnished materials that it incorporates into the project from the stock of OWNER- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1.) Been delivered into the CONTRACTOR's possession and /or 2.) been incorporated into the project. B. Notwithstanding the transfer of OWNER- furnished materials by the OWNER to the CONTRACTOR's possession, the OWNER shall retain legal and equitable title to any and all OWNER- furnished materials. C. The transfer of possession of OWNER- furnished materials from the OWNER to the CONTRACTOR shall constitute a bailment for the mutual benefit of the OWNER and the CONTRACTOR. The OWNER shall be considered the bailor, and the CONTRACTOR the bailee for the OWNER- furnished materials. OWNER- furnished materials shall be considered returned to the OWNER for purposes of their bailment at such time as they are incorporated into the Project. D. The OWNER shall purchase and maintain insurance sufficient to protect against any loss or damage to OWNER- furnished materials. Such insurance shall cover the replacement cost of any OWNER - furnished materials not yet incorporated into the Project during the period between the time the OWNER first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The OWNER shall be liable for any interruption or delays in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, OWNER- furnished materials. 21 F. Nothing herein contained shall create or be construed as creating a partnership between the OWNER and the CONTRACTOR or to constitute the CONTRACTOR as an agent of the OWNER. 29. CAPTIONS AND HEADINGS The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction or meaning of any provision of, or scope of intent of, this Agreement nor in any way affect this Agreement. 30. VENDOR PERFORMANCE EVALUATION Collier County 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 agreement. 31. TRUTH IN NEGOTIATION CERTIFICATE In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule L, certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. 32. ENTIRE AGREEMENT 32.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third party beneficiary is anticipated or intended by this Agreement. 32.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders, Work Orders, or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. 33. SUBJECT TO APPROPRIATION It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above and continuing for one year from that date unless terminated earlier by mutual agreement or as described herein: ATTEST: First ness Susan J. Schultz Printed Name Second Witness Marcie Cohen Printed Name Date: S 2-" t ATTEST: Dwigbt E. Brock, JC1eA c.. BY:- pll Approved As To Form a egal Suffic' c ,-w . - Scott R.-Teach Deputy County Attorney Quality Enterprises USA, Inc. By: Louis J. Gaudio, Vice President Printed Name and Title Date: 5/23/12 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chair n 23 EXHIBIT A PROJECT SCOPE AND SERVICES Description of Work: The selected Design -Build firm shall meet the stated requirements to provide for design and construction of a wildlife crossing under Immokalee Road with a minimum opening of five (5) feet high and ten (10) feet wide. The centerline of the proposed crossing shall be 981 feet east of the centerline existing bridge over Corkscrew Swamp. Associated improvements include regarding and reconstructing the roadway for 1,354 feet and installing guardrail, where required to meet roadside safety criteria. In addition a ten (10) foot high chain link fence, with a barbed wire attachment on top, will be constructed on both sides of the roadway approximately 0.5 feet inside the right of way. The fence will be constructed from the existing bridge over Corkscrew Swamp to approximately 1827 feet east of the centerline of the proposed culvert for a total distance of 2,760 feet. All improvements associated with this project shall be constructed within existing right -of -way. The complete Scope of Services is included in RFP11 -5695 Design /Build Immokalee Road Wildlife Crossing and shall be incorporated by reference. 24 EXHIBIT B INSURANCE REQUIREMENTS Collier County Florida Insurance and Bonding Requirements Insurance / Band Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Liability (Occurrence Injury Liability and Property Damage Liability. This shall include Premises Form) patterned after the and Operations; Independent Contractors; Products and Completed Operations current ISO form and Contractual Liability. $1,000,000 single limit per occurrence 4. ® Indemnification 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. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non- owned/Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 25 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 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. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® 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. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County 11. ® Thirty (30) Days Cancellation Notice required. 26 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 5/23/2012 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 NT NC T M NAE: Rutherfoord Rutherfoord 222 Central Park Avenue Suite 1340 PHONE FAX No. - - A/C No : - - E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC p Virginia Beach VA 23462 INSURER AWaUSaU Business Insurance Company 26069 EACH OCCURRENCE INSURED INSURER B:Travelers Prop & Casualty Co of Ame 25674 INSURER C:Wausau Underwriters Insurance Quality Enterprises USA Inc INSURER D:Commerce and Industry Insurance Com 19410 & Quality Environment Co Inc 3894 Mannix Drive, Suite 216 $300,000 Naples FL 34114 -5406 1 INSURER E INSURER F: $5,000 COVERAGES CERTIFICATE NUMBER: 1Rq,9,999� REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR WVD POLICY NUMBER POLICY EFF MMIDDrYYYY POLICY EXP MM /DDIYYYY LIMITS A GENERAL LIABILITY TBKZ91449711031 /1/2011 /1/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300,000 CLAIMS -MADE IT] OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- LOC $ C AUTOMOBILE LIABILITY ASJ91449711011 /1/2011 /1/2012 6INGLE LIMIT Ea accident_ $1,000,000 x BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Peracciden t $ NON -OWNED HIRED AUTOS 1XX AU TOS X $ Comp $1,000 Coll $1000 D UMBRELLA LIAB X OCCUR BE28360873 /1/2011 /1/2012 EACH OCCURRENCE $15,000,000 X AGGREGATE $15,000,000 EXCESS LIAB CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- R TS AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes , describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ B Leased and Rented OT6601794B877TILl 1 /1/2011 /1/2012 $500,000 per item Equipment $2,500 deductible Scheduled Equipment on file w /carrier $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Contract No. 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Holder is Additional Insured under the General Liability policy as respects to work performed by the insured, as required by written contract. Per the cancellation clause contained in the policies noted on this certificate, the policy provisions include at least 30 days notice of cancellation except for non - payment of premium. CERTIFICATE HOLDER CANCELLATION Board of County Commissioners in Collier County 3327 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVVEE .( - I_J 'W I OJAI�x ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A 1 0 CERTIFICATE OF LIABILITY INSURANCE °A0510(1/2012" 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 pol"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 AON REED STENHOUSE, INC. AON RISK SERVICES CENTRAL, INC. 900 -10025 -102A AVENUE EDMONTON, AB T5J OY2 NAMEACT ANDREA OTTO Ali NN 952 807 0679 F No): 312 381 6608 Lo AD I�ss: ANDREA.OTT AON.COM INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED WILSONMILLER, INC.; STANTEC CONSULTING SERVICES INC. CENTER 3200, BAILEY LANE, SUITE 200 NAPLES, FL 34105 - 8507 INSURER B: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURER : ZURICH INSURANCE COMPANY EACH OCCURRENCE INSURER D: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURER E: MED EXP (Any one person ) INSURER F. PERSONAL & ADV INJURY ._AVFRAGFS CERTIFICATE NUMBER! 3d7 KEVISION NUMIdtK: 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE I R �D POLICY NUMBER ML p EFF MPOLICY EXP LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OX OCCUR X CONTRACTUALICROSS LIABILITY GLO6556026 XCU COVER INCLUDED 05/01/12 05101/13 EACH OCCURRENCE $ 2,000,000 PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person ) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 X OWNERS & CONTRACTORS GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X J X LOC PRODUCTS - COMP/OP AGG. $ 2 OOO 000 $ B AUTOMOBILELIABILm X ANY AUTO AAUTOOYSIMED SCHEDULED AUTOS HIRED AUTOS A�IJTUUOooS EO BAP5940882 11/01/11 11/01/12 Eaaaidem) s 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) £ $ $ C X X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE 8831307 EXCESS GENERAL, AUTO AND EMPLOYERS LIABILITY (FOLLOW 05101/12 05101/13 EACH OCCURRENCE 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION E1 0,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEX£CUTIVE[� OFFICER/MEMBER EXCLUDED? I r� I (Mandatory In NH) ff yes, describe und DESCRIPTI N er RATIONS below NIA WC5940881 11/01/11 11/01/12 X - E.L. EACH ACCIDENT $ 1 ,000,OOO EL. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMB S 1.0w,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I nom apace Is required) NAPLES, FL. RE: FOR ANY AND ALL WORK PERFORMED ON BEHALF OF COLLIER COUNTY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, NAPLES, FLORIDA. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE SRC* 0 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 'r CERTIFICATE OF LIABILITY INSURANCE I DATE (MM / 03/27/22012 012 Y) 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). THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PRODUCER BEEN REDUCED BY PAID CLAIMS. -NAME ANDREA OTTO AON REED STENHOUSE, INC. ADDL,SUBR1 INSR I PHONE ExtL952 807 0679 FAX (A/c No (A/C, No): 312 381 6608 AON RISK SERVICES CENTRAL, INC. POLICY EXP (MM/DD /YYYY) E -MAIL — — — ADDRESS;- ANDREAOTTO9AON.COM 900-10025 - 102A AVENUE NERAL LIABILITY A INSURER(S) AFFORDING COVERAGE NAIC # EDMONTON, AB T5.1 OY2 05/01/11 INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED WILSONMILLER, INC.; [INSURER B__ ZURICH AMERICAN INSURANCE COMPANY ,16535 STANTEC CONSULTING SERVICES INC. !INSURER C: ZURICH INSURANCE COMPANY 16535 CENTER 3200, BAILEY LANE, SUITE 200 INSURER D: ZURICH AMERICAN INSURANCE COMPANY !16535 NAPLES, FL 34105 -8507 INSURER E: COVERAGES CERTIFICATE NUMBER: 791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LA TYPE OF INSURANCE _ _ ADDL,SUBR1 INSR I -- -- - _.__ POLICY EFF , (MM /DDlYYYY) POLICY EXP (MM/DD /YYYY) _ LIMITS .2 NERAL LIABILITY A GL06556026 05/01/11 05/01/12 EACH OCCURRENCE $ X MMERGIALGENERAL .LIABILITY PREMISES (Ea occurrence) $ - I D X III XCU COVER INCLUDED MED EX_P (Any one person) �I $ _300,000 10,000 X CONTRACTUAL/GROSS LIABIILTYUR . PERSONAL &ADV INJURY i$ _ X ', OWNERS & CONTRACTORS 1 - PR0TFrT4VF- GENERAL AGGREGATE $ _2,000,000 _ 4,000,000 GE ML AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG 1, 2,000,000 X LOG -$ AU!POLICY I LITY _ . _ AUTOMOBILE LIABILITY B _ j 11/01/11 - - -- -- - -- 11/01/12 COMBINED SINGLE LIMIT - $ accident) 1 1 ,000,000 ANY AUTO „BAP59408$2 $ ALL OWNED SCHEDULED AUTOS AUTOS ( - ) BODILY INJURY Per accident $ - - - NON - OWNED HIRED AUTOS AUTOS - PROPERTY DAMAGE P accident) - - -. - _ _.. $ (Per - - - _ $ UMBRELLA LIAB OCCUR - -- - C X _ 8831307 - - 05/01/11 05/01/12 - EACHOCCURRENCE $ _ 5,000,000 X', EXCESS LIAB CLAIMS -MADE' EXCESS GENERAL, AUTO AND AGGREGATE $ 5,000,000 ''L. EMPLOYERS LIABILITY (FOLLOW - - _ WO COMPENSATION D - -- -., -FORM) WC5940881 11/01/11 11/01 /12 /12 X WCST TU- OTH' -$ ER SACCIDENT AND EMPLOYERSELABT Y/N ._ ANFICER/MEMOREXRTNERDXECUTIVEI N N / A E.L.EACH $ 1,000,000 Mandator in' H (Mandatory ) ,- E.L.-DISEASE - EA EMPLOYEE' $ 1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below r E L DISEASE - POLICY LIMIT $ 1,000,000 I I i I DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NAPLES, FL. WMI & SCSI STANTEC PROJECT: 2158 RE: DESIGN BUILD IMMOKALEE ROAD WILDLIFE CROSSING, COLLIER COUNTY, FLORIDA THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER QUALITY ENTERPRISES USA, INC. 3894 MANNIX DRIVE, SUITE 216 NAPLES, FLORIA 3414 -5408 LK_V`Ctla111111W_ \111lU1�l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CORPORATION. All rights ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ,� co CERTIFICATE OF LIABILITY INSURANCE D03/27/2012Y) 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 MARSH CANADA LIMITED 2260, 10180 -101 STREET EDMONTON, AB T5J 3S4 INSURED WILSONMILLER, INC.; STANTEC CONSULTING SERVICES INC. CENTER 3200, BAILEY LANE, SUITE 200 NAPLES, FL 34105 -8507 N " "" MICHAEL POPLETT _ (A/C,-No, Ext): 780- 917 -4850 FAX No); 780- 429 -1422 E -MAIL ADDRESS. MICHAEL.POPLETTC MARSH.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: 1 INSURER B: INSURER C: INSURER D: INSURER E;_ LLOYD'S OF LONDON INSURER F: COVERAGES CERTIFICATE NUMBER: 763 REVISION NUMBER: 37540 IHIS 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDUSUBRJ LTR _ POLICY NUMBER POLICY EFF MMlDDPJYYY �( _ POLICY EXP _(MM/DD /YYYY) LIMITS _- -- GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERA_ L LIABILITY CO DAMAGE TO RENTED - I. PREMISES (Ea occurrence) $ - - CLAIMS -MADE I,_. -. __.I OCCUR MED E XP (Any one person) _.. $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE I -$ GEN'L AGGREGATE LIMIT APPLIES PER: i II PRODUCTS - COMP /OP AGG $ PRO _$ � POLICY JECT LOC i _ - AUTOMOBILE LIABILITY - - - - -- COMBINED SINGLE LIMIT -$ (Ea accident) { ANY AUTO - - - BODILY INJURY (Per person) $ 1 ALL OWNED ; SCHEDULED AUTOS _ AUTOS __.... IL I BODILY INJURY (Per accident) ! $ NON OWNED HIRED AUTOS AUTOS - PROPERTY DAMAGE - - (Per accident) $ _ -� _ -� -� _ -- r $ UMBRELLA LIAB _ ' - I EACH OCCURRENCE i _- g EXCESS LIAB CLAIMS- MADE', L.. 1 1 AGGREGATE _ $ D DI (_RETENTION$ $ WORKERS COMPENSATION Ii III..___. ...__ -. _._ - -- - - - -._. _.__ {._ -._ -___ I WC STATU OTH-.f___. EMPLOYERS' LIABILITY_. Y/N 1TORYUMIT$L ER- -- _..... AND Y PROPRIETOR /PARTNER /EXECUTIVE N / A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED _ Mandator in NH (DESCRIPTION $ I If es, describe under - -- - OF OPERATIONS below _ -- -_ -. -- _ - _ _ _ E.L. DISEASE POLICY LIMITEi $ E N/Al QF033111 08/01/11 08/01/12 CLAIM & AGGREGATE LIMIT PROFESSIONAL LIABILITY $2,000,000 INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE INCLUSIVE OF COSTS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NAPLES, FL. WMI & SCSI STANTEC PROJECT: 2158, RE: DESIGN BUILD IMMOKALEE ROAD WILDLIFE CROSSING, COLLIER COUNTY, FLORIDA THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER tan I IrIGA I t rIULUtK CANCELLATION QUALITY ENTERPRISES USA, INC. 3894 MANNIX DRIVE, SUITE 216 NAPLES, FLORIDA 34114 -5408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2010 ACORD CORPORATION. Ali riahts ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD EXHIBIT C DESIGN PHASE COMPENSATION SCHEDULE Not applicable to this Agreement 27 EXHIBIT D -1 APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (CONTRACTOR's Representative) Payment Application For (CONTRACTOR's Name) Work accomplished through Date: (CONTRACTOR's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Percent Work completed to Date: % Percent Contract Time completed to Date Original Contract Amount: $ 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: $ 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; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (CONTRACTOR's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) 28 EXHIBIT D -2 SCHEDULE OF VALUES Description Amount Design/Permitting Design/Permitting $105,000.00 Mobilization $120,000.00 MOT $20,000.00 Temporary Lane Construction $115,000.00 Erosion control $10,000.00 Clearing and Grubbing $20,000.00 Embankment $131,500.00 Base Group 1 $6,000.00 Base Group 6 $28,000.00 Su er ave Traffic B $29,000.00 Asphalt Friction traffic B $45,000.00 Misc. Asphalt $20,000.00 PC Box Culvert $83,000.00 Guardrail $35,000.00 Fence $70,000.00 Sod $20,000.00 Linestriping $7,000.00 Total: $864,500.00 29 EXHIBIT E PRICE PROPOSAL FORM (INCLUDING BID BOND, ADDENDA AND ALL DOCUMENTS UNDER TAB VII OF THE RFP) 30 EXHIBIT E -1 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" hereby releases and waives for itself and its subcontractors at every tier, material men, suppliers, successors and /or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida, ( "OWNER ") relating in any way to the performance of the Agreement between Contractor and OWNER, dated , 20_, for the period from to (2) CONTRACTOR hereby certifies for itself and its subCONTRACTORs at every tier, material men, suppliers, successors and /or 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) This Release and Affidavit is given in connection with CONTRACTOR's [monthly /final] Application for Payment No. Date: ATTEST: Name of Firm "CONTRACTOR" Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 201_, by , as a corporation, on behalf of the corporation me or produced take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of , of He /she is personally known to as identification, and did not (Signature of Notary) Name: (Legibly Printed) Notary Public, State of 31 CHANGE ORDER NO TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated EXHIBIT F -1 CHANGE ORDER CONTRACT NO. BCC Date: Agenda Item: _ 201. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: (Type in clearly identified change here if short, otherwise use attachment and identify. Example: See attached Exhibit "A ") FOR THE (Additive) (Deductive) Sum of: (write out in words) ($ ). Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now () calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: CONTRACTOR: (type in CONTRACTOR name) , 201_ (type name of authorized firm signatory) C61my iT111::� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (Type name) Project Manager DESIGN PROFESSIONAL By: (may not apply) 32 EXHIBIT F -2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT #: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ CONTRACTOR's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative 33 EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: 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_[insert correct information] OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE 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. 34 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: AMY 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 CONTRACTOR accepts this 20_ Bv: 20 Design Professional Type Name and Title Certificate of Substantial CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER By: Type Name and Title Completion on 35 Bid No.: CONTRACTOR: EXHIBIT H FINAL PAYMENT CHECKLIST Project No.: Date: 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: 200 Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to OWNER (attach to this form). 3. Effective date of General one year warranty from CONTRACTOR is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. OWNER personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from CONTRACTOR on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to OWNER: 13. Finished Floor Elevation Certificate provided to OWNER: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By CONTRACTOR: By Design Professional: By OWNER: (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 36 EXHIBIT I REVENUE LOADED PROJECT SCHEDULE See attachment pages 1 through 2 37 a m N v ° m o ('J. n m A -1 'D l/1 n. j n 5 7 7 E H 4 m o w �' Q mS_�' 6_+ 9 9 2 Q_ c$ & —> 9 Fin W Z� 6 Si O III _ T _. w W N i + O N N ` \ N N N N N N N 1• l+ C N O O C O p O P _ N A L N O n P tD _ �J CJ O) O A N W IM1 N N W N N N N w N N N N N N N N N N N N T (r) N FA O O O O 0 0 0 O O p O O O O C o t�j O O p o O O O O O O Q 0 0 0 0 0 0 0 6 G N O C P 0 0 O O. 0 0 0 O g 6 0 0 0 0 O O O PO O H O o 0 0 0 p O p O O C O O n p O o O C 0 0 O O 0 0 0 0 O to m m. c m 3 0 0 0 o a a n n n n m o S o D W 3 n G7 °m O. x � r fn > > � c C O � a i A a m DAD' bpi AA'a' � bN i x N � D m p ° °o m n - - A 3 < c m O b „ m O) 12i 1 _ a '^ h D ^ s ` � w ° c C K i � D a D n :c !n'm m I ov dg ! L ^ ^ W A A —: , I N m � �K d n n o O � � gal mm n. I I � d W W (T O N " c I i i Ni S T IV N w w n� 0 0 3 r 3 3 q O m wor+H I m x q�D i Irou� a d d m c d � I � t Sn, 4 (nN d O `� 06 � � O!m I mr _ o m �K d n n o T n � � EXHIBIT J -1 PUBLIC PAYMENT BOND CONTRACT NO. 11 -5695 BOND No. 105788316 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc., 3894 Mannix Drive, #216, Naples, FL 34114 as Principal, and Travelers Casualty and Surety Company of America as Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to The Board of County Commissioners for Collier County, FloridtS Obligee in the sum of Eight Hundred Sixty Four Thousand, Five Hundred and no /100 ($ 864,500.00 -- ) 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 22nd day of May 2012 with Obligee for Design /Build Immokalee Road Wildlife Crossing in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is 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 22nd day of May , 201?, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in sen of: /�� _ ,," M_ Hat Ni nesse� as to Principal Jo h- Ahinvil STATE OF Florida . COUNTY OF Collier PRINCIPAL: Quality Enterprises USA, Inc. By— Name -- i is J. Gaudio Its: Vice President 38 The foregoing instrument was acknowledged before me this 22ndday of May 2012 , by Louis J. Gaudio as Vice President of Quality Enterprises USA, Inc. a Virginia 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: E Notary Public State of Florida Susan J Schultz My Commission DD812881 ` °� Expires 10104/2012 (AFFIX OFFICIAL SEAL) ( Signatur f Notary) NAME: Susan J. Schultz (Legibly Printed) Notary Public, State of Florida Commission No, DD812881 ATTEST: SURETY: Witness as to Surety •; Kathryn Snell Witnesses Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) (Printed Name) As Attorney in FE (Attach Power of c/o Hampton Roads 1080 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) 39 Tammy A. Ward (Printed Name) 757 -491 -1100 (Telephone Number) STATE OF Virginia )QOf j (W City of Virginia Beach The foregoing instrument was acknowledged before me this 22ndday of May 2012 by Tammy A. Ward as Attorney -in -Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: ��A'lu 6T /�� u,1 A�_/ September 14, 2014 (Signature of Notary) Name: Terri K. Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) K STRAWHAND Notary Public Commonwealth of Virginia Reg. # 247448 FTERRI y Commission Expires 9/30/2014 Notary Public, State of Virginia Commission No.: 247448 40 EXHIBIT J -2 PUBLIC PERFORMANCE BOND BOND NO, 105788316 CONTRACT NO. 11 -5695 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc., 3894 Mannix Drive, #216, Naples, FL 34114 , as Principal, and Travelers Casualty and Surety Company of America as Surety, located at One Tower Square, Hartford, CT 06183 (Business. Address) are held and firmly bound toThe Board of County Commissioners for Collier as ri a Obligee in the sum of Eight Hundred Sixty Four Thousand, Five Hundred and no/ 00- ($ 864,500.00— ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 22nd day of May 201? with Obligee for Design /Build Immokalee Road Wildlife Crossing in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the -Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or connected with the Contract or the changes do not Bond. noncompliance with any formalities affect Sureties obligation under this 41 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 thereunder, 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. 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 22nd day of May 201 2, 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: Ch stina M. Hatch c 46P. t�R inviiP STATE OF Florida COUNTY OF Collier PRINCIPAL: Quality Enterprises USA, Inc. By: Name: Louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this 22nd day of May 201,2 by Louis J. Gaudio as Vice President of Quality Enterprises USA, Inc. a Virginia corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and didt ake an oath 42. My Commission Ex it s' .PY PUB° Notary Public State of Florida ; Susan J Schultz C My Commission DD812881 OFfV0 Expires 10104/2012 Name (AFFIX OFFICIAL SEAL) ATTEST: Witness as tg/Surety No Kathryn Snell Witnesses (Printed Name) STATE OF Virginia The foregoing May Attorney -in -Fact ' behalf of Surety 1 19 ( nature of tary) l '\ Susan J. Schultz (Legibly Printed) Notary Public, State of Florida Commission No. DD812881 SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) (Printed Name) ---1 � WO-LC As Attorney in Fac (Attach Power of Attorney) c/o Hampton Roads Bonding 1080 Laskin Road, Ste. 204 Virginia Beach, VA 23451 (Business Address) Tammy A. Ward 757 -491 -1100 (Telephone Number) QVWVF City of Virginia Beach instrument was acknowledged before me this 22nd 2012 by Tammy A. Ward of Travelers Casualty and Surety Company of America _ day of as Surety, on He /She is personally known to me OR has produced as identification and who did take an oath. My Commission Expires: l September 30, 2014 (Sign ture of Notary) 43 @` IX OFF D Public ~;corwi # 247448 irginia Reg. my Commission Expires 913012014 Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247448 44: EXHIBIT K PERMITS 45 EXHIBIT L TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Quality Enterprises USA, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Design Professional services to be provided under this Agreement, concerning 11 -5695 Immokalee Road Wildlife Crossing are accurate, complete and current as of the time of contracting. Quality Enterprises USA, Inc. BY: 7�- _ Louis J. Gaudio TITLE: Vice President DATE: 5/23/12 46 EXHIBIT M LIST OF DESIGN PROFESSIONALS WilsonMiller Stantec Ralph Verrastro, P.E. Design Project Manager and Structural Engineer -of- Record Rolando Corsa, PE Structural Engineer Wayne P. Hartt, PE, PTOE Roadway Engineer -of- Record Manager, Transportation Brian Rose, PE. Drainage Engineer Randy Mason Roadway Designer Bruce Layman, CE, PWS Environmental Permitting John Rickrode, PSM Survey Subconsultant Ardaman & Associates. Inc. Gary Drew, PE Geotechnical Services 47 EXHIBIT N STORED MATERIALS RECORD 48 I �Ww 'N BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc., 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Board of County Commissioners, Collier County, Florida as Obligee, hereinafter called the Obligee, in the sum of - Five - Percent -of- Amount - Bid - -- Dollars ($5 % -of -Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Design -Build Immokalee Road Wildlife Crossing, Collier County, Project No. 426836 -1 - Solicitation Number: 11 -5695 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of February, 2012. y_L �4aa C ,v� --- Marcie Cohen (Witness) Quality Enterpri es USA, Inc. (Pri, i l Ho and J. Murrel�Title) President Travelers Casualty and Surety Company of America (Suret (Seal) Terri K. Straw and (Witness) & — o., ci i---Tammy A. Wa Attorney -in -Fact (Title) J The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, February 1970 Edition OF ATTORNEY IS INVALID POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220571 TTHE RED BORDER St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004641125 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Comp is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Mark C. Bundy, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach , State of Virginia , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this December 2011 day of , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 16th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASUq�� Q,PttT 9'! Jyp \AE 6 O \�'N..�KSG9 JPt �,NSUN gJp�TV ANO L E..' ��f�TYq tj� 9 WrpOaPORgTE; :.,' m/ ixca� aP HA 0 NFD. � �, 1996 �� a � y 1551 � SEAL:o! otSBAL;.r W ® 1q JJ .: *�;a 's�, 'H�a �Oyf •• v� 1 ��dc' .r+ State of Connecticut City of Hartford ss. By: Att4j� /George& Thompson, emir ice President On this the 16th day of December 2011 before me personally appeared Ge4ge W. Thompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance C pany, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a d ly authorized officer. fo* In Witness Whereof, I hereunto set my hand and official seal. Al My Commission expires the 30th day of June, 2016. vp �'S 58440 -6 -11 Printed in U.S.A. OF ATTORNEY IS INVALID Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Poorer of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-I 7act and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with ffie Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vie President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each s ch delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. r IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of ► �•- - bru n-n ,/ 20 1112'. Kevin E. Hughes, Assistant Sec Cary (�MSU.�� TY yF \REu4UWyW \PN..�MSG •'1n�H3UH •,,'., p�TY NNO SUgC i�j1Y�i j 1` pROOq J 4 „ O! ..9 JP ...........9 5J S g}�'�'[v /�,'�qy�•• ^` r�yoc� = y�, • s r S� za F Ji •n. �;o; W CONN. ,��CONN. �8 N SEAL; °1S .N� •�a f a a �7yi...�^.�� ,rN� AHD °. �y � R\' � itt• 'xa�s „,.\�E A i, °: �........ r f 1 F� �,e,° To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Addendum 7 Date: February 3, 2012 Email: rhondacummings @colIiergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #7 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following changes are made to the above mentioned Collier County solicitation: Change the Questions and Answers due February 7, 13, 2012 from Technical Proposal submissions. Design -Build firm's oral interviews (Technical Review Committee will develop questions for the Design -Build firms to answer). Change the Summary of oral interviews from the Design -Build firms due date from February 43, 21, 2012. Change the Public Meeting of Technical Review Committee to score Technical Proposals. Purchasing will open separate envelope containing the price proposals and determine intended Award Price Proposals are due the same day that they are opened from February 46, 28, 2012. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Louis J. Gaudio, Vice President Quality Enterprises USA, Inc. (Name of Firm) 2/3/12 Date I A r Addendum 8 Date: February 6, 2012 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #8 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following changes are made to the above mentioned Collier County solicitation: Replace the Department of Labor Wage Determination on page 71 with the current General Decision dated January 6, 2012: General Decision Number: FL120211 01/06/2012 FL211 Superseded General Decision Number: FL20100310 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 * ELEC0349 -008 09/05/2011 Rates Fringes ELECTRICIAN ......................$ 27.15 8.64 ---------------------------------------------------------------- SUFL2009 -207 08/05/2009 Rates Fringes CARPENTER ........................$ 15.30 2.54 CEMENT MASON /CONCRETE FINISHER ... $ 12.30 0.00 HIGHWAY /PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 11.97 2.23 HIGHWAY /PARKING LOT STRIPING: Painter .........................$ 13.31 0.00 IRONWORKER, REINFORCING .......... $ 14.50 1.37 IRONWORKER, STRUCTURAL ........... $ 16.75 3.88 LABORER: Asphalt Shoveler ....... $ 10.70 0.00 LABORER: Common or General ...... $ 10.19 1.55 LABORER: Flagger ................$ 12.75 0.00 LABORER: Grade Checker .......... $ 10.50 0.55 LABORER: Landscape and Irrigation .......................$ 8.77 0.00 LABORER: Luteman ................$ 10.32 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.00 1.80 LABORER: Pipelayer ..............$ 11.63 2.65 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws ........ $ 11.23 1.96 OPERATOR: Asphalt Paver ......... $ 11.52 0.00 OPERATOR: Asphalt Plant ......... $ 12.20 0.00 OPERATOR: Asphalt Spreader ...... $ 10.76 0.00 OPERATOR: Auger .................$ 19.40 0.44 OPERATOR: Backhoe Loader Combo ............................$ 15.33 0.97 OPERATOR: Backhoe /Excavator ..... $ 15.50 2.28 OPERATOR: Boom ..................$ 16.61 0.00 OPERATOR: Bulldozer .............$ 13.71 1.55 OPERATOR: Crane .................$ 19.94 1.37 http:// www. wdol. gov/ wdol /scafiles /davisbacon/FL211.dvb[2 /6/2012 11:08:08 AM] OPERATOR: Distributor ........... $ 11.47 0.00 OPERATOR: Drill .................$ 13.00 1.59 OPERATOR: Grader/Blade .......... $ 14.32 0.00 OPERATOR: Loader ................$ 12.83 1.29 OPERATOR: Mechanic ..............$ 16.31 1.37 OPERATOR: Milling Machine ....... $ 11.92 0.00 OPERATOR: Oiler .................$ 11.92 1.91 OPERATOR: Paver .................$ 12.42 0.86 OPERATOR: Piledriver ............ $ 15.59 4.00 OPERATOR: Roller ................$ 11.14 0.00 OPERATOR: Scraper ...............$ 10.70 1.60 OPERATOR: Screed ................$ 10.82 0.00 OPERATOR: Tractor ...............$ 12.78 0.00 OPERATOR: Trencher ..............$ 13.41 0.49 PAINTER: Spray and Steel ......... $ 16.62 0.00 TRUCK DRIVER: 10 Yard Haul Away Truck .......................$ 12.50 0.00 TRUCK DRIVER: Distributor ....... $ 11.30 2.26 TRUCK DRIVER: Dump Truck ........ $ 10.05 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 14.05 0.00 TRUCK DRIVER: Material Truck .... $ 12.76 9.80 TRUCK DRIVER: Tractor Haul Truck ............................$ 10.64 0.00 TRUCK DRIVER: Water Truck ....... $ 10.50 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these http: / /www.wdol.gov /wdol /scafiles /davisbacon/FL21 l.dvb[2/6/2012 11:08:08 AM] characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. http: / /www.wdol.gov /wdol /scafiles /davisbacon/FL211.dvb[2 /6/2012 11:08:08 AM If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Quality Enterprises USA, Inc. (Name of Firm) 2/6/12 Date TAB VII REQUIRED FORM SUBMITTALS TO BE INCLUDED WITH PRICE PROPOSAL STATE OF FLORIDA =�5 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -o� CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET �oz TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE STATE OF FLORIDA PC# S Cl '� i, r Q0DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION j CBCA57231 07/14/10 108007790 j CERTIFIED BUILDING CONTRACTOR MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 3 IS CERTIFIED under the provisions of Ch.489 FS Expiration. date: AUG 31, 2012 L10071401012 { AC# n 1 cI a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L10071401012 .. - LICENSE NBR 107/14/20101108007790 CBCA57231 The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2012 �44 ` " MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC 3894 MANNIX DRIVE #216f)j`Y��r�� ....= __..z_,. NAPLES FL 34114 RxYr Y.1 a- CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW CHARLIE LIEM INTERIM SECRETARY „_F STATE OF FLORIDA -, 3E DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION F fj u -44 CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, 2827 SILVERLEAF LN NAPLES FL INC. 34105 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel 119129IrTTy'111100 -02 f -,” STATE OF FLORIDA AC# 5 0 3 5 7 7 2} ! ';DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CUC057398 07/14/10 108007790 CERT UNDERGROUND & EXCAV CNTR MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. IS CERTIFIED under the provisions of Ch.489 FS Expiration date: AUG 31, 2012 L10 07 14 01675 AC# 1, 77 i STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L10071401675 .• - LICENSE NBR 107/14/2010408007790 CUC057398 The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. _- Expiration date: AUG 31, 2012 MURRELL, HOWARD J JR p *, QUALITY ENTERPRISES USA, INC s, 3894 MANNIX DRIVE #216 NAPLES FL 34114 x CHARLIE GRIST GOVERNOR DISPLAY AS REQUIRED BY LAW F u CHARLIE LIEM INTERIM SECRETARY COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 001263 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252 -2477 VISIT OUR WEBSITE AT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION: 3894 MANNIX DR #216_ FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. LEGAL FORMN , - ZONED: COMM /PUD THIS TAXIS NON - REFUNDABLE - CORPORATIO01_ BUSINESS PHONE: 435 -7200 STATE LIC: CB CA57231 r QUALITY ENTERPRISES USA, INC. MURRELL, HOWARD J JR 3894 MANNIX DR #216 NAPLES FL 34114 -5406 NUMBER OF EMPLOYEES: 31 -40 EMPLOYEES CLASSIFICATION: BUILDING CONTRACTOR �� AMOUNT 07/13/2 00 CLASSIFICATION CODE: 05104804 This document is a business tax only. This is not certification that licensee is qualified. RECEIPT 1037.42 It does not permit the licensee to violate any existing regulatory zoning laws of the state, county or cities' nor does it exempt the licensee from any other taxes or permits that may be required by law. "' R, COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830 I COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252 -2477 ; VISIT OUR WEBSITE AT: www.colliertax.com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION: 3894 MANNIX DR #216 e : >` FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. 4 -LEGAL FORM r7 ZONED: COMM /PUD CORPORATION`S THIS TAXIS NON - REFUNDABLE - BUSINESS PHONE: 435 -7200 STATE LIC: CUC 057398 QUALITY ENTERPRISES USA, INC. } MURRELL, HOWARD J JR. 'T 3894 MANNIX DR #216 f NAPLES FL 34114 -5406 NUMBER OF EMPLOYEES: 31 -40 EMPLOYEES - CLASSIFICATION: UNDERGROUND UTIL /EXCAVATING CONTRACT? t" DATE 07/13/2011 CLASSIFICATION CODE: 05102804 T AMOUNT 72.00 This document is a business tax only. This is not certification that licensee is qualified. RECEIPT 1040.42 It does not permit the licensee to violate any existing regulatory zoning laws of the state, county or cities = nor does it exempt the licensee from any other taxes or permits that may be required by law. ClEr COU31ty Adrin&atKe sere Purchasing Attachment 1: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ x The Proposal has been signed. ❑Q All applicable forms (including granting agency forms) have been signed and included, along with licenses to complete the requirements of the project. ❑ Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: https: / /www.epls.gov /. ® The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, Procurement Strategist 0 The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ® The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Representative Signature: Representative Name: 3894 Mannix Drive, Suite 216 les, Florida 34114 -5406 239- 435 -7200 Email: LGAUDIO @QE -USA. COM Louis J. Gaudio, Vice President Date 2/28/12 Attachment 2: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed in the solicitation noted above. (Proposal Continued on Next Page) PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 26th day of Fehri,ary , 2012 in the County of Collier , in the State of Florida Firm's Legal Name Firm's Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) Central Contractor Registration number (CCR) (Found at www.ccr.gov) Florida Certificate of Authority Document Number (http: / /www.sunbiz.org) Federal Tax Identification Number Is your firm a Section 3 HUD certified business? Address: City, State, Zip Code: Quality Enterprises USA, Inc. 050997386 QXMZ7 F95000002550 54- 0947002 Yes No X 3894 Mannix Drive, Suite 216 Naples, Florida 34114 -5406 Telephone: 239- 435 -7200 FAX 239-435-72o2 Check on of the following: ❑ Sole Proprietorship ® Corporation or P. A. State of Virginia Telephone: Email ❑ Li ❑General Partnership Signature by: =�e ,�- -- (Typed and written) Louis J. Gaudio Title: Vice President Additional Contact Information Send payments to: Same (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email Office servicing Collier County Same to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of _ County of _ Quality Enterprises USA. Inc. Vice President Florida Collier i SUBSCRIBED AND SWORN to before me this by Louis J. Gaudio Vice President iden ification 4 Notary Public N/A My Commission Expires 2/11/14 y Pv' MARCIE L COHEN MY COMMISSION k DD 940581 € EXPIRES: February 11, 2014 �;' `� Bonded 7hru Notary Public Underwriters 28th day of February 2012, who is personally kn_ yu n to me to be the for the Firm, OR who produced the following Co ier County Admnstrative services fin Purchasing Attachment 4: Immigration Law Affidavit Certification RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Quality Enterprises USA, Inc. Print Name Louis J. Gaudio Title Vice President Signature Date 2/28112 State of Florida County of Collier 2012 The foregoing instrument was signed and acknowledged before me this 29th day of February ,Qfi49 -by Louis J. Gaudio who has produced N/A — Known as identification. (Print or Type Name) (Type of Identification and Number) �j Notary Public Signature "�g P; •. MARCIELCOHEN ` Marcie L. Cohen ' = *_ MY COMMISSION NDD940581 EXPIRES: February 11, 2014 Printed Name of Notary Public Bonded Thru Notary Public Underwriters DD940581 2/11/14 Notary Commission Number /Expiration 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. EmploverWizard Pate I of I I,, I I 1-AN L I I T L F -f 0 N H rf!(." e =t L &;t, My cas(-� W & C-a si, vkr- Company Name: QUALJIY F'NTERPRISES USA, INC "Vow, I "ot, My pr(Ale' Company ID Number: ?3.12? 19 Elit prnfiie Doing Business As (DBA) Name: DUNS Number: MY Company NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Total Hiring Sites: I Total Points of Contact: 3 Q3 �SS littps:,"/e-verif'y.uscis.,,,C)v/einp-/EmployerWizard.aspx 10/19/2010 Physical Location: Mailing Address: Edq (-r)rnV-,),nV Prnfg.r Address 1: 208 TINTERN Cl Address 1: Address 2.- Address 2: V Ext�,Imq City: CHESAPEAKE City: Gcrrnp State: VA State: Zip Code: 23,320 Zip Code: toy Rolloo, County: C H E SAP [-- AK 1-11 CI I Y M, v Re so tt i,,, es Additional Information. Employer Identification Number; 5AOI.W, 10,02 Total Number of Employees: 4. 499 Parent Organization: Administrator: QUAL-11 Y E N I E RISI-S LISA INC, Organization Designation: Employer Caleqory; " ederal C n*rag-lor viltioul Y AR L-Verdy Clause NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Total Hiring Sites: I Total Points of Contact: 3 Q3 �SS littps:,"/e-verif'y.uscis.,,,C)v/einp-/EmployerWizard.aspx 10/19/2010 Attachment 5: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the $1,000,000 single limit per occurrence current ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per noted: Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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. $ Per Occurrence ❑ Pollution Occurrence $ Per ® Professional Liability $ Per Occurrence • $ 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 ❑ Project Professional Liability $ Per Occurrence 6. ® Bid /Proposal bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by 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. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm n „v r*Prr_ i_LLSA, Inc Date 2/28/12 Vendor Signature Print Name Louis J. Gaudio, Vice President Insurance Rutherfoord Agency Agent Name Herb Moss or Heather Garrett Telephone Numbei 757 - 456 -0577 i "1 n[ c�rr„ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08/01/2011 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 NO.N"TACr MICHAEL PHONE acp�NO. E ~t: 780-917 -4850 is c. NO) 780- 429 -1422 MARSH CANADA LIMITED ADDRESS: MICHAEL.P RSKCOM 2260, 10180 - 101 STREET INSURERS! AFFORDING COVERAGE NAIC EDMONTON, AS T5J 3S4 INSURER A S —G. IU'RENTEU- PREMISES (Ea accurrenre; INSURED WILSONMILLER, INC.; INSURED B: COMMERCIAL GENERAL IIABILI'TY INSURER C STANTEC CONSULTING SERVICES INC. INSURER a. CENTER 3200. BAILEY LANE, SUITE 200 INSURER E LLOYD'S OF LONDON 37540 NAPLES, FL 34105 -8507 INSURER F COVERAGES CERTIFICATE NUMBER: 517 RtV151UN NUMULK: 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, INS LIR TYPE OF INSURANCE A INSR WVD POLICY NUMBER MMIDDIYYYY L Y MMfDDNYW LNMTS GENERAL LIABILITY EACH OCCURRENCE S —G. IU'RENTEU- PREMISES (Ea accurrenre; COMMERCIAL GENERAL IIABILI'TY MED EXP IA. ^.y a-"e person# $ CLAIMS -MADE ❑ OCCUk PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L. AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMF:OP AGO S $ POLICY JEO- 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ,ESaca enC BODILY INJURY fPer oe:sorI 5 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Pr;' a- dent) S NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE (Per acc:c_J; S 5 UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE 5 AGGREGATE $ EXCESS LIAR DEL) I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN Ud �TATU- O H-: TORY LIMIT -R ANY PROPRIETOWPARTNER %EXECUTIVE El OFFICERRAEMBER EXCLUDED? (Mandatory in NH) NIA E.L. EACH ACCIDENT S E L DISEASE - EA EMPLOYEE - - -� - -- $ if yes describe under DESCRIPTION Of OPERATIONS I E.L. DISEASE - POLICY LII.11T $ E N/A OF033111 08/01111 08/01/12 CLAIM & AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NAPLES, FL. WMI & SCSI I,LRiII -I I..HIC r1V LIJCR 4NIVy CLLN 11 ViV TO WHOM IT MAY CONCERN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. O 1988 -2010 ACORD CORPORATION. All riahts reserved. ACORD 25 (2010 105) The ACORD name and logo are registered marks of ACORD , EPLS Search Results E�,,,PLS Page 1 of 1 Search Results Excluded By Exact Name: QUALITY ENTERPRISES USA, INC. SSN/TIN as of 27- Feb -2012 12:06 PM EST Your search returned no results. https: // www.epls.gov /epls /search.do ?ssn name = QUALITY +ENTERPRISES +USA %2C +INC. &st... 2/27/2012 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT D Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS — CONSTRUCTION PHASE Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. REOUIRED FORMS (Attached) N/A DBE /AA Plan Submit BOTH with Bid If your DBE /AA Plan has not Package: been approved by FDOT: Disadvantaged Business Enterprise Affirmative Action ❑ FDOT DBE /AA Plan A sample DBE policy and plan Plan Approval Letter (Form 275- 030 -11B) has been provided with approval DBE PLAN SUBMITTED ❑ Copy of DBE /AA instructions. WITH BID MUST BE Policy and Plan APPROVED BY FDOT N/A EEO /AA Plan Submit with Bid Package: A sample EEO policy and plan has been provided. Equal Employment ❑ Copy of EEO /AA Opportunity Affirmative Policy and Plan The EEO plan is not required Action Plan to be approved by FDOT. 275- 021 -13 Notification of EEO Officer Submit with Bid Package 700 - 010 -52 Affidavit Vehicle Submit with Bid Package Registration 275- 030 -10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700 - 010 -36 Certification of Sublet Work Submit with Bid Package 275- 030 -12 Anticipated DBE Statement Submit with Bid Package 275- 030 -13 Certification of Non- Submit with Bid Package segregated Facilities Provide FDOT Submit with Bid Package Pre qualification # The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Bonding and Prequalification Verson {2011 =0fi 03 N2011 Page 42 of 112 RECEIVED "w"i 0 12010 Florida Department of Transportation CHARLIE CRIST STEPHANIE C. KOPELOUSOS GOVERNOR 801 N. Broadway SECRETARY Bartow, FL 33830 October 27, 2010 Paul J. Moriarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, FL 34114 RE: DBE:Affirmative Action Plan Approval Dear Mr. Moriarty: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Quality Enterprises USA, Inc. is approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need further information, please contact me at (863) 519 -2757. Sincerely, 4 Brown District Contract Compliance Manager J DB /pw cc: Erica Miller, State Contract Compliance Administrator Ella Rice, Contracts Specialist Carol Greene, Equal Opportunity Office Brenda Thissen, Contracts Analyst Compliance Reading File; Project File DBE AFFIRMATIVE ACTION PLAN EXPIRATION: October 19, 2013 This plan is one of the requirements to bid on contracts for the Florida Department of Transportation. This is not approval for Unified Certification Program Disadvantaged Business Enterprise (UCP /DBE). For additional information in becoming a DBE contact the Certification Section at (850) 414 -4747. www.dot.state.fl.us II DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Quality Enterprises USA, Inc. that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14 -78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14 -78, F.A.C., shall apply to all contracts entered into between the Florida Department of Transportation and Quality Enterprises USA, Inc. Subcontractors and /or suppliers to Quality Enterprises USA, Inc. will also be bound by the requirements of Rule Chapter 14 -78 F.A.C. Quality Enterprises USA, Inc., and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14 -78, F.A.C,, to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation Quality Enterprises USA, Inc., and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the Department of Transportation. Quality Enterprises USA, Inc., has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout Quality Enterprises USA, Inc. and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. PaWI J. M riarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, Florida 34114 October 20, 2010 208 Tintern Court 3894 Mannix Drive, Suite 21 Chesapeake, VA 23320 Naples, FL 34114 -540 (757) 548 -8000 (239) 435 -720 Fax(757)548 -2600 Fax (239) 435-720 I. DESIGNATION OF LIAISON OFFICER Quality Enterprises USA, Inc. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14 -78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: 1. The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; 2. The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department of Transportation. Paul J. Moriarty Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, Florida 34114 239- 435 -7200 Federal ID #54- 0947002 II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Quality Enterprises USA, Inc. has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. 1) In view of the barriers to disadvantaged businesses stated above, it shall be the policy of Quality Enterprises USA, Inc, to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. Quality Enterprises USA, Inc, will: 1, Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of the work to be performed by DBE's in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirement of performance bonds where it is practical to do so; 6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. Quality Enterprises USA, Inc. understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and /or determined the stated approaches to be ineffective, III. IMPLEMENTATION On contracts with specific DBE goals, Quality Enterprises USA, Inc, will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING Quality Enterprises USA, Inc. shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1, The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 3 2, The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBE's for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY Quality Enterprises USA, Inc. will utilize the DBE Directory published by the Florida Department of Transportation, 'The Company will distribute Form Number 275 - 030 -01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. 4 09/16/2007 12 :05 7575432600 GU -ALITY ENTEP,PP.ISES PAGE 02/04 Fmm.2775 -021-04 Office 312W4 CONTRACTOR CERTIFICATION OP"L OPPOI 40411"rOFF1 - EEOlAA POLICY AND PLAN ADOPTIQ1*T �o amgLn& R,ocess vrwrv.myflorida eaualooportuniWoffice/ to review ft policy and plan cited herein. Complete and submit the origlnel of ih�s (a►Y U :10' 1 z FDCYT Equal Opportunity Oftice, 605 Suwannee St-MaI Station 65, Tallahassee, FI 32399 -0450. • Sehmt one (.): TMs Certification of EEO Pollcy and Plan Is for ❑ Adoption ❑ Update of Co, address, phone number, approving officer;' Contractor's Company Name: Quality Enterorises USA, In_ c. • p5 �. FEW or FDOT Vendor #: 54.0947002 Florida Home Office Address: Street address (required) 3894 Mannix Drive Ste 216 P.O. Box (if used) CL City.- Naples. Florida Zip Code: 34114.5406 o LV Phone: 239435-7200 FAX, 239.435.7202 ' LU o area code arm code .0 > o Name (printed.) of Company Official Signing below: Paul Moriarty tfuli first S last name) ° w R n n O1'�ial34 file rinted :. ;Vice-Presidetlt lfldn(,&u AlrjAitbn alr The•siignature of'Lthis-Company's,Off cial,is, notification to the U.S. Federal Highway AdmiriNtration t' 'Ci"Ilaj;rel= coik3�aairtnlrrl.r erarzspertati,kCITJIP��!�Ysee, ,�,ucnces fan oth contractors;. - „ott�pr,businesses� other Federal,- .State..or Local govern _ge. __.....,� . ,.,__..._ .. Y parties of interest,' that this Company has wholly adolitr+�: the following model policy and plan pertaining to empl.oxment,.pivil rights, and associated FDOT contractual obligations: EQUAL EMPLOYMENT' OPP011flrUNITY /AFFIRMATr1/E ACTION .('EEQ /AA Policy-4 pl4n'y� This company acknowledges its responsibility for on -going coMi iTiunication and dissemination of the policy and plan as outlined therein, both verbally and in writing, internally and externally, to the public, contractors; employees and other interested parties. This Company will Input the name and contact information of the EEO Officer to the MOT Equal Opportunity Reporting System within 30 days of this initial Certification of Policy. Plan Adoption,, and within 30 days of subsequent Officer changes. This Company is responsible for development and maintenance of .sn affirmative action• program ,and for exhibiting with good faith, specific and resufts- oriented actions to transform this policy and plan from commitments on paper to actual equal employment practices. and opportunities. Records will be maintained and made available to FDOT recording our EEOIAA program and actions. COMPANY OFFICIAL'S SIGNATURE: Date 10/03/05 (molda&) NOTARIZATION OF SIGNATURE:• Mori t vice President The foeoing In*ument wasacknowledged before me this 3r6 ay of �tor ber poe he is personally known to me, or used / A tit ldenthleafion. }” lrC, t ':i " - " 4. ". I ��. t %'�.rpl f/r t •• t C L,. IP "''urj "4. 7' t ,.`, r' : Iyr I?Ell S' 'atUl't31 ' 44MS'SECTION 0. OTT, U E' f TION ACTIONS r ,,r, h�, , -• +'. RtE� Iy�r�y' " -r . �. :: :y:' a�. 4 1s56 pr "�, nq `. ,. • MiU fJt"tiAiEACTfON: IN FDOT REGISTER 0 POLICIES & PLANS (•e, bompuar ft'dt'01 y d. ff ell nlot rbet•hd DISTRIBIJ)IOPI ORIGINAL FDOT CENTRAL OFFICE REGISTER FILES COIPY: MAILED TO CONTRACTOR FORT MYE14S OPgRATIONS '1r AL OPPORTUNITY OFFICE 1Yfl ANIA.11%27 QUALITY ENTERPRISES USA, INC. August 1, 2004 AP 15 r x EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Quality Enterprises USA, Inc. has followed an established policy of nondiscrimination in all matters relating to employment practices and procedures and to the treatment of its employees. Accordingly, it is now time to reaffirm this longstanding policy. The policy of Quality Enterprises USA, Inc. is to provide equal employment opportunity without regard to race, color, age (40 and above), sex, national origin, religion, disability or veteran status where otherwise qualified in accordance with federal, state and local law. Our corporate policy emphasizes equality of opportunity for all persons with respect to hiring, placement, pay upgrading, and other employment- related status changes, and in all other matters concerning how applicants for employment and our employees are treated. We are committed to selecting and employing the best and most qualified person available for each job opening without unlawful discrimination of any kind. Moreover, the Company has developed affirmative action programs for females and minorities, disabled persons, special disabled veterans and Vietnam Era veterans. In this regard, disabled persons, special disabled veterans and Vietnam Era veterans are invited, but are under no obligation, to identify themselves, if they wish to do so. This information will remain confidential and will be used only for purposes allowed by the applicable federal laws and regulations. Refusal of an employee or applicant to provide such information will not subject him or her to any adverse treatment. The Administrator has the overall responsibility of coordinating all aspects of our Affirmative Action Plans. She will keep me informed of our progress and will also keep managers and supervisors informed of our status so that they will be better equipped to achieve the objectives of these plans. The Company's Affirmative Action Plans may be made available for review upon request and at a mutually agreed -upon time .during normal office hours. Employees having questions regarding our EEO policy or the implementation of our Affirmative Action efforts should seek the answers from the Administrator or other members of management. , , , b Pi'esid�it �.LPART�iENT OF TRAS�1SpO1�'� f \T;v 1 1 � LQUA OPP RTUNITY OFFI,E APPROVED: f Date DISAPPROVED: DATE: 6 2 QUALITY ENTERPRISES, USA, INC. Affirmative Action Preface Privileged and Confidential Information This Affirmative Action Program contains privileged information. It also contains confidential information which is subject to the provisions of 18 U.S.C. Section 1905. Chrysler Corp. v. Brown, 441 U.S. 281 (1979). Copies of this Program and the related appendices, documents and support data made available to federal, state and local governments are done so upon the request of the government and on the condition that the government hold them totally confidential and not release copies to any person whatsoever. This Affirmative Action Program and its appendices and other related documents contain confidential information which may reveal, directly or indirectly, Quality Enterprises USA's plans for business or geographical expansion or contraction. Quality Enterprises USA considers its Affirmative Action Program and related documents to be exempt from disclosure, reproduction and distribution under the Freedom of Information Act upon the grounds, among others, that such materials constitute: (1) personnel files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, which are exempt from disclosure under 5 U.S.C. Section 552(b)(6); (2) confidential, commercial or financial information, which is exempt from disclosure under 5 U.S.C. Section 552(b)(4); (3) investigatory records compiled for law enforcement purposes, the production of which would constitute an unwarranted invasion of personal privacy, which are exempt from disclosure under 5 U.S.C. Section 552(b)(7)(c); and (4) matters specifically exempted from disclosure by statute, which are exempt from disclosure under 5 U.S.C. Section 552(b)(3). Notice is hereby given pursuant to 41 C.F.R. Section 60- 60.4(d) that this Program be kept confidential. Quality Enterprises USA does not consent to the release of any information contained in this Affirmative Action Program. If the U.S. government, or any agency or subdivision thereof, is considering disclosure of this Affirmative Action Program or any portions thereof or is considering a request for release of this program under the Freedom of Information Act, Quality Enterprises USA requests that the government immediately notify the undersigned of any and all Freedom of Information Act requests received by the government or any other contemplated release of this program by the government. Quality Enterprises USA further requests that everyone who has any contact with this Affirmative Action Plan or its supporting appendices, documents or other data, treat such information as confidential and that such information not be released to any person. Meaniniz of Certain Terms and Representations In the preparation of this program the terminology used in Executive Order 11246 and its implementing regulations has been used as a guide. Therefore, the use of such terms as "underutilization ", "deficiency ", "concentration ", "affected class ", "problem area" and availability' etc., or the identification of a "problem area" should not be construed as an admission that Quality Enterprises USA has engaged in impermissible conduct. Further, nothing contained in this program or its supporting data should be construed as an admission by Quality Enterprises USA that it has contravened any federal, state or local employment practice laws. Whenever the term "goal" is used, Quality Enterprises USA intends that it "should not be used to discriminate against any applicant or employee because of race, color, religion, sex or national origin," as stated in 41 C.F.R. Section 60 -2.30. All representations made in the Plan are intended merely to serve as a guide for Quality Enterprises USA's affirmative action efforts and are not binding contracts. These representations do not constitute an admission that Quality Enterprises USA committed any illegal discrimination or other act. Furthermore, this Affirmative Action Plan (AAP) does not in any way create a third party employment contract between any employee or applicant for employment and Quality Enterprises USA. I. AFFIRMATIVE ACTION COMMITMENT PRELIMINARY STATEMENT Quality Enterprises USA has prepared this affirmative action program as a re- affirmation of its commitment to equal employment and affirmative action. In developing and implementing this program, Quality Enterprises USA has been guided by its established policy of providing equal employment opportunity. Any goals which are established herein are not intended as rigid, inflexible quotas. The use of goals in this program is not intended to discriminate against any individual or group of individuals with respect to any employment opportunity for which he or she is qualified on the grounds that he or she is not the beneficiary of affirmative action. Nothing herein is intended to sanction the discriminatory treatment of any person. Thus, this program has been developed in strict reliance upon the Guidelines on Affirmative Action issue by the Equal Employment Opportunity Commission (EEOC) (29 C.F.R. Part 1608) and advice from the Office of Federal Contract Compliance Programs. This is a good faith effort to achieve the goals set forth. Quality Enterprises USA has adopted a set of specific and result - oriented procedures to which we, as a company, are committed. The procedures, coupled with our good faith efforts, will ensure equal employment opportunity. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION Quality Enterprises USA's equal opportunity /affirmative action policy is founded on sound business judgment and underlying principle of respect for the individual. It is the firm policy of Quality Enterprises USA to provide equal opportunity for all qualified employees and applicants for employment in all employment and personnel - related matters without regard to race, color, national origin, sex, age, religion, disability or veteran status. Quality Enterprises USA will recruit, hire and promote based on job - related requirements and individual qualifications. Positive and affirmative action will be taken to ensure the fulfillment of this policy as to: hiring, placement, upgrading, transfers and/or demotions; recruiting, advertising and/or solicitation for employment; treatment during employment; rates of pay and other forms of compensation; employee benefits; selection for training and development; social or recreational programs; and layoffs, terminations and/or leaves of absences. Implicit in our equal opportunity /affirmative action policy is a work environment free of unlawful harassment based on sex, race, ethnic origin, religion, age, disability or veteran status. Quality Enterprises USA will provide prompt, impartial examination and effective resolution of complaints in keeping with its belief in the dignity and rights of the individual in compliance with the law. Quality Enterprises USA is committed to obtaining individuals qualified and/or trainable for its positions by virtue of job related standards of education, training, experience and personal qualifications. It is committed to providing an environment that allows employees to achieve their full potential unencumbered by unlawful discrimination. All Quality Enterprises USA supervisors and management personnel have the responsibility to set an example for others and to fully comply with our equal opportunity and affirmative action policy and ensure it is honored in all of our business activities. Quality Enterprises USA assures the full realization of this stated objective through a continuous procedure of monitoring and reporting. REAFFIRMATION OF EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION POLICY The undersigned affirms full support for the Affirmative Action Policy. 1090033x1 QUALITY ENTERPRISES USA, INC. Lic. #CB- CA57231 Equal Employment Opportunity b'� IS► � 6�4 i 'd'.� D d -r `"`ap7 -, Quality Enterprises USA, Inc. has followed an established policy of nondiscrimination in all matters relating to employment practices and procedures and to the treatment of its employees. Accordingly, it is now time to reaffirm this longstanding policy. The policy of Quality Enterprises USA, Inc. is to provide equal employment opportunity without regard to race, color, age (40 and above), sex, national origin, religion, disability or veteran status where otherwise qualified in accordance with federal, state and local law. Our corporate policy emphasizes equality of opportunity for all persons with respect to hiring, placement, pay upgrading, and other employment - related status changes, and in all other matters concerning how applicants for employment and our employees are treated. We are committed to selecting and employing the best and most qualified person available for each job opening without unlawful discrimination of any kind. Moreover, the Company has developed affirmative action programs for females and minorities, disabled persons, special disabled veterans and Vietnam Era veterans. In this regard, disabled persons, special disabled veterans and Vietnam Era veterans are invited, but are under no obligation, to identify themselves, if they wish to do so. This information will remain confidential and will be used only for purposes allowed by the applicable federal laws and regulations. Refusal of an employee or applicant to provide such information will not subject him or her to any adverse treatment. The Company's Affirmative Action Plans may be made available for review upon request and at a mutually agreed -upon time during normal office hours. Employees having questions regarding our EEO policy or the implementation of our Affirmative Action efforts should seek the answers from any other members of management. 208 Tintern Court Chesapeake, VA 23320 (757) 548 -8000 Fax (757) 548 -2600 3894 Mannix Drive, Suite 216 Naples, FL 34 1 14-5406 (239) 435 -7200 Fax (239) 435 -7202 300 -A Piedmont Court Atlanta, GA 30340 (678) 728 -0038 Fax (678) 728 -0039 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Quality Enterprises USA, Inc. that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14 -78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14 -78, F,A.C,, shall apply to all contracts entered into between the Florida Department of Transportation and Quality Enterprises USA, Inc, Subcontractors and /or suppliers to Quality Enterprises USA, Inc. will also be bound by the requirements of Rule Chapter 14 -78 F.A.C. Quality Enterprises USA, Inc., and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14 -78, F.A,C,, to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation, Quality Enterprises USA, Inc., and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the Department of Transportation, Quality Enterprises USA, Inc., has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation, The Liaison Officer will be responsible for disseminating this policy statement throughout Quality Enterprises USA, Inc. and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. r, — Pall J. M riarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, Florida 34114 October 20, 2010 208 Tinter n Court 3894 Mannix Drive, Suite 21 Chesapeake, VA 23320 Naples, FL 34114 -540 (757) 548 -8000 (239) 435 -720 Fax (757) 548 -2600 Fax(239)435 -720 .,..own ovva I. DESIGNATION OF LIAISON OFFICER Quality Enterprises USA, Inc. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14 -78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; 2. The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of.Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department of Transportation. Paul J. Moriarty Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, Florida 34114 239- 435 -7200 Federal ID #54- 0947002 II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Quality Enterprises USA, Inc. has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. 2 s In view of the barriers to disadvantaged businesses stated above, it shall be the policy of Quality Enterprises USA, Inc, to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. Quality Enterprises USA, Inc. will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of the work to be performed by DBE's in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, not. rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirement of performance bonds where it is practical to do so; 6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. Quality Enterprises USA, Inc. understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective, III. IMPLEMENTATION On contracts with specific DBE goals, Quality Enterprises USA, Inc. will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING Quality Enterprises USA, Inc. shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 3 r � ' 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3; Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc,, to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBE's for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY Quality Enterprises USA, Inc. will utilize the DBE Directory published by the Florida Department of Transportation, The Company will distribute Form Number 275 - 030 -01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion, 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -13 NOTIFICATION TO FDOT OF EEO OFFICER enuA�oPPORru01/07 Mail signed original to: FDOT Equal Opportunity Office, 605 Suwannee Street -MS 65, Tallahassee, FI 32399 -0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEID No.: Quality Enterprises USA, Inc. 54- 0947002 3. Home Office Mailing Address: (street) 4. Home Office Mailing Address: (city, State, Zip)) 3894 Mannix Drive Suite 216 Naples, Florida 34114-5406 5. Main Phone Number: 1 6. Fax Number: 239 - 435 -7200 1 239- 435 -7202 7. What is being Changed? I Initial EEO Officer Notice to FDOT New Person MpoInted Appointee Chan led Name Contact Data Changed Yes No ❑ Yes No Yes No Yes No Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer: ( first name, middle initial, last name) 9. EEO Officer's Working Title: ^ Susan J. Schultz Project Administrator 10. Work Address of EEO Officer: (Street) 11. Work Address of EEO Officer: (city, state, zip► 3894 Mannix Drive, Suite 216 Naples, Florida 34114 -5406 12. EEO Officer Phone Number: 13. EEO Officer Fax Number. 239 - 435 -7200 239- 435 -7202 14. EEO Officer email address: SSCHULTZ @QE— USA.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 required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and /or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15. Appointing Official's Signature: 16. Date: (MolDayft) ` C 2/28/12 17. otaciars Name: (printed) 18. Official's Title: (printed) Vice President (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. Date Pnxessed: (moiday/M DISTRIBUTION: Original to FDOT Central ED Office Files; Copy: Mailed to Contractor UPDATE ACTION: Input In FOR System 275421 -13 EQUAL OPPORTUNITY 01/07 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form 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 mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, FI 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: Prooect Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. — The contractor's Federal Identification 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, indicate 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: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo /Day/Year) — 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 1.8 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processing of Notification This section is completed by FDOT Box 19 Processed by - First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed f STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700410.52 CONTRACTOR'S AFFIDAVIT CONSTRUCT1 VEHICLE REGISTRATION State: Florida County: Collier BEFORE ME, this day personally appeared Louis J. Gaudio (Contractors Name) who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in accordance with Section 320. State of Florida County: Collier TYPED NAME: Contractor's Slgnature Louis J. Gaudio POSITION: Vice President COMPANY NAME: Quality EnterprisPR Inc. COMPANY ADDRESS: 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 Sworn to and subscribed before me this 28th day Of February_ 2012 by Louis J Gaudio (Print name of person signing Certification) Notary Public ;iat""� rye', MARCIE L COHEN +_ + MY COMMISSION # DD 940581 2/11/14 a:, EXPIRES: February 11, 2014 Commission Expires `$ jtf��,, ` Bonded Thru Notary Public Underwriters Personally Known X OR Produced Identification Type of Identification Produced N/A TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: , I , STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 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 Quality Enterprises USA, Inc 275- 0313.10 EQUAL OPPORTUNITY OFFICE 0 Address/Telephone Number: 3894 Mannix Drive, Suite 216, Naples FL 34114 -5406, 239 -435 -7200 Bid /Proposal Number: 411 -5695 Quote Submitted MMNR: 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT- assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number. 54- 0947002 2. Firm Name: Quality Enterprises 3. Phone: 239- 435 -7200 4. Address: 3894 Mannix Drive Suite 216 Nn„1oo PT. 34114 -5406 5. Year Firm Established: 1973 6. ❑ DBE USA, ® Non -DBE Inc. 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ® More than $15 million 1. Federal Tax ID Number: 59-0761871 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: wi 1 GnnMi T1 r Tnr - ® Non -DBE ❑ Less than $1 million F 3. Phone: 239- 649 -4040 Inc. [3 Between $1 - $5 million 4. Address: 3200 Bailey ey Lane F] Between $5 - $10 million Suite 200 7. ® Subcontractor ❑ Between $10 - $15 million Naples, FL 34105 ❑ Subconsultant ® More than $15 million 5. Year Firm Established: 195 1_ Federal Tax ID Number. 65- 0506853 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: Road Runner Highway Signs ❑ Non -DBE ❑ Less than $1 million 3. Phone: 941 -753 -0540 Inc. ❑ Between $1 - $5 million 4. Address:. 4421 12 St. Ct. E ❑ Between -$5- $10million Bradenton, FL 34203 7. ® Subcontractor ® Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1994 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: 65- 0595477 2. Firm Name: r-CE 4 services. Inc. 3. Phone: 239 - 945 -1781 4. Address: P.O. Box 150052 Cape Coral, FL 33915 5. Year Firm Established: 1995 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4, Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number. 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 6. X❑ DBE ❑ Non -DBE 7. ® Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 275 -030-10 EQUAL OPPORTUNITY OFFICE 02108 8. Annual Gross Receipts ❑ Less than $1 million ® Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million- ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 6. ❑ DBE 8. Annual Gross Receipts ❑ Non -DBE ❑ Less than $1 million Between $1 - $5 million ❑ Between $1 - $5 million 7. ❑ Subcontractor ❑ ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE 8. Annual Gross Receipts ❑ Non -DBE ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID' Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS 8. 275030 -10 EQUALOPPORTUNnYOF0F2106 ❑ BID OPPORTUNITY LIST ❑ Less than $1 million 1. Federal Tax ID Number. 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: Subcontractor ❑ Between $1 - $5 million 4. Address: Subconsultant ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID' Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE 8. Annual Gross Receipts ❑ Non -DBE ❑ Less than $1 million Between $1 - $5 million ❑ Between $1 - $5 million 7. ❑ Subcontractor ❑ ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE 8. Annual Gross Receipts ❑ Non -DBE ❑ Less than $1 million. ❑ Between $1 - $5 million ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE 8. Annual.Gross Receipts ❑ Non -DBE ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million EXHIBIT `P` DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as `Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Quality Enterprises USA, Inc Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XX1X of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an. erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and/or suspendldebar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared irw6gible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set.forth therein: (A) I hereby declare that my firm nor its prirx#mis is.,, ;0.. presently debarred, suspended; proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Public agency. Louis J. Gaudio, Vice President Name(s) and Title(s) of Authorized Representatives) Quality Enterprises USA, Inc. Name of Business Signature(s) 2/28/12 Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Names) and Title(s) of Authorized Representatives) Name of Business Authorized Signature(s) Date c0 rz- Y O L� r uj J ca D co U- 0 Z _2 H Q U N W U � U � s~ � z c� r�ea rq cq fA � O J O U O O / W C O p 0 0 O U p O X C I-T W y LL U') C7 .E r. O I W a C d Q y M 00 O O 41 rn .H O U O N I a M Cj w Q O a b a O O LL b G w � � a ct C 001 z Y O L� r uj J ca D co U- 0 Z _2 H Q U N W U ?4 v N 'rl 00 .. O N O U \ Z N � •0 Z Z N CL C 0 O E Y Q O U N O O U H H 38A NON � U � s~ � H r�ea rq cq fA � O O U O O / C O p 0 0 m U p O C 0) W y O 4J u N C7 .E r. O W O d Q y M 00 O O 41 rn .H O U O N � u•1 ?4 v N 'rl 00 .. O N O U \ Z N � •0 Z Z N CL C 0 O E Y Q O U N O O U H H 38A NON W W O � r�ea rq cq fA � a Cx � O O / C O p �\ N O O '� r� .1 F' . r O O Ln O (n O z �ZNU Q y M 00 O O M 00 U O N w M 100 n fPr b G � C O Cd O a > 4 F- b Y ct -H C$ U H U N s~ G b U'� O 4+ a v, N QJ rl ca L a Q o v (3) +j 4J U U T o H 4-J H O c°0 ro cd W �ul 01�D U4:) d o � M a Dry 00 -:r E o = m ul C O LL1 LL O u '1 � a 3 ` ° m O O I m Li L, c c u a o U- � m " 5 Z � -4 H o o U O •rl � 3 x �2 OV G U •ri m D C cm U 7 �H >+ o < m N C/] a O v ro W c m 0 •rl C7 t n n :�tI81{j; a a v .-I r-� � O � U O L �- y-- O O T O O (A U 0 .I- .ty O a m 'a r, 4-J rl 00 N O H4 N T L � N E N N o r-' co O m N a t U C, �C N N Q1 a 0 N E c c a` 0 0 � z = A ° caa Jzo?a Fn 0 U SO LL Z5 Z W 2 � o M E 0- v W 0 m U O � � fA � a Cx � M / C O p �\ N '� r� .1 F' . r O (n O z �ZNU cu -0 �d U Z O a o U O O CL r_ O c O U C 4= Y � a U O 0 0 11 h 6 m _ u m g L E n t 5 a n y m c m wpm IL m O' O C o L ma h m m E m a n � a U a O m o m m .m n S n H u 0 `O o c 0 ?� m o .2 c D❑ a i. o o m O m m m O d m O O R d� C L U' _ E E O CO C a� ma a m 3 `m nm c o E m o a m O O Oa G B o o r° `u c m r u o c c ` v o 71 o m ° m � 33 m L E u `o m a U< 2 0 as D E a E Q D c s o m m D C C m _ E C O m G m o m� c c c Ti M D 0 32 S o m F c° E ° 3 9 c u -' L a o m c a n c m E vo `o @ --m- -2 o - u a m< `o m 5 o e 0 m m m m c .9 `o E° E m `o o o a o m M Eo n B o `d m` a m m C C t a G m> D a w °u u a `° o- < o o ii Instructions for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to determine which pay - item(s) are being sublet, the amounts, and cost, For sublet calculations, the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets, use the unit prices 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. 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 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 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 s, igned by principal of the firm or someone with the delegated authority and notarized. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275 - 030 -12 ANTICIPATED DBE PARTICIPATION STATEMENT (`ADBEPS') EQUAL OPPORTUNITY OFFICE 03111 LOCAL AGENCY PROGRAM 1. FDOT LAP AGREEMENT# 2. FOOT LAP 3. LOCAL AGENCY'S 4. LOCAL AGENCY NAME AGREEMENT AMT ($) CONTRACT # WITH PRIME 11 -5695 Collier County 5. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR Quality Enterprises USA, Inc. 54- 0947002 7. CONTRACT DOLLAR AMOUNT WITH PRIME 18. FEID NUMBER OF LOCAL AGENCY $864,500.00 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED 10. IS THE WORK OF THIS CONTRACT DISADVANTAGED BUSINESS ENTERPRISE (DBE)? ❑ YES E NO CONSTRUCTION E MAINTENANCE ❑ OTHER? 11. IS THIS AN ADBEPS REVISION? ❑ YES ENO If yes, revision number 12. ANTICIPATED DBE SUBCONTRACTS DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND DOLLAR PERCENT OF CONTRACT COMPANY NAME AND FEID NUMBER FDOT SPECIALTY CODE(S) AMOUNT DOLLARS NAME: Road Runner Highway Signs, WORK: Fence, Guardrail and Llne A Inc. Striping $150,835.00 17.45 °70 FEID: 65- 0506853 SPEC CODE: 550, 53X, 711, NAME: GCE Services, Inc.. WORK: Sod B $23,000.00 2.66% FEID: 65- 0595477 SPEC CODE: 575 NAME: WORK: C 0.00% FEID: SPEC CODE: NAME: WORK: D 0.00% FEID: SPEC CODE: NAME: WORK: E 0.00% FEID: SPEC CODE: 12F TOTAL DOLLARS TO DBE'S 12G TOTAL PERCENT OF CONTRACT $173,835.00 20.11% SECTION TO BE FILLED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER Louis J. Gaudio 2/28/2012 Vice President 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER LGAUDIO @QE- USA.COM 239- 435 -7202 239 - 435 -7200 SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 20 .DATE 21. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FDOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE LAP NAME DATE TO EO OFFICE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE - CONSTRUCTION ELECTRONICALLY AGREEMENT ) LOCAL AGENCY AND PRIME CONFERENCE DATE DISTRICT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275030.13 CERTIFICATION OF NON SEGREGATION $ EOUAL OFPORTUwTrOFFICE 7109 NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. 2. F.A.P. No. 3. FDOT LAP Contract No. 4. Cou i. District or Name of Local Agency Collier &Prime Contractor's Name Quality Enterprises USA. Inc. _ ity hnterprises USA, inc. SECTION 2: CERTIFICATION STATEMENTS CERTIFICATION OF NONSEGREGATED FACILITIES As a federally assisted construction contractor, hereby certify; the following for t his company: A. This company does not maintain or provide any segregated facilities for employees at any of our establishments and we do not permit our employees to perform their services at any location, under our control, where segregated facilities are maintained. B. Agreement that a breach of this certification is a violation of the equal opportunity clause in this contract. C. We will obtain and retain Identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause. As used in this certification, the terns "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. Name (firstflast) of co Louis Gaudio this certification 1 8. FEID CERTIFICATION OF NON DISCRIMINATION As a contractor, sub recipient or subcontractor on a Federally funded contract, this company certifies that it shall not discriminate on the basis of race, color, national origin, or sex in the performance of such contracts. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The company agrees that a failure to carry out these requirements is a material breach of contract, which may result in the contract's termination or such other remedy as the recipient deems appropriate. Each subcontract, rental agreement and or material supplier agreement this company subsequently .enters into for this contact will require this same Certification. It is the policy of this company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Actions include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay and other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on- the -job training. This certification extends to the project identified above and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA -1273. Compliance with Title VI of the Cl it Rights Act and the provisions of the American Disabilities Act of 1990 are incorporated in this certification. 1 10. Job Title of person named in Box 9 Vice President of 275-030 -13 EQUAL OPPORTUNr y OFFICE 07)00 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: FAP No. — The Federal Aid Project Number assigned to federally funded projects or'non -FAP' 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 RECEIVED APR 2 5 2011 =ti Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY April 21, 2011 QUALITY ENTERPRISES USA, INC. 3894 MANNIX DRIVE STE 216 NAPLES FL 34114 -5406 RE: CERTIFICATE OF QUAT,IFICATION Dear Sir /Madam: The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your company is notified otherwise, this rating will expire 6/30/2012. However, the new application is due 4/30/2012. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will oe valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on -Jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14- 22.005(3), Florida Administrative Code. Your company's maximum capacity rating has been established. To access it, please log into the Contractor Prequalification Application System via the following link: https: / /www3. dot. state. fl .us /ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FLEXIBLE PAVING, GRADING, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE FDOT APPROVED SPECIALITY CLASSES OF WORK: SIDEWALKS, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. www.dot.state.fl.us . w. QUALITY ENTERPRISES USA, INC. April 21, 2011 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. JM:cj Sincerely, Juanita Moore, Manager Contracts Administration Office Adjusted Current Ratio: 1.27 Ability Score: 95 Surety Multiplier: 0 Ability Factor: 14 Calculated Maximum Bid Capacity: $ 45,400,000.00 Adjusted Net Worth: $ 2,552,035.00 Document Mailed Received Attached. Audited Financial Statements 4/1612011 4/16/2011 N/A Affidavit 4/16/2011 4/16/2011 Request Document 2011 AFFIDAVIT.PDF SUBMITTED Equipment APPLICATION Request Document 2010 EQUIPMENT LIST.PDF - - -- - - -.. Surety Letter ACCEPTED Letters of Recommendation IF APPLICABLE, A SIGNED CERTIFICATE OF QUALIFICATION IS BEING MAILED TO YOUR APPROVED Audited Financial Statements N/A N/A Request Document QE 2010 AUDIT.PDF APPROVED WORK CLASSES ON THE CAPACITY AND WORK CLASS TABS. Additional Document N/A N/A Event Date Comment APPLICATION 4/2/2011 CREATED APPLICATION 4/16/2011 NO COMMENT SUBMITTED SUBMITTED APPLICATION 4/18/2011 ACCEPTED APPLICATION IF APPLICABLE, A SIGNED CERTIFICATE OF QUALIFICATION IS BEING MAILED TO YOUR APPROVED 4/21/2011 HOME OFFICE. YOU CAN ACCESS YOUR FIRM'S MAXIMUM BID CAPACITY AND APPROVED WORK CLASSES ON THE CAPACITY AND WORK CLASS TABS. F FLORIDA DEPARTMENT OF TRANSPORTATION 0' C% 4 r` r . OT Re ort Technical Problems to the Service Desk 1- 866 - 955 -4357 or email: Service Desk ' % orrice of P �.: Information Systems Send Prequalification Questions or Comments to Contracts Administration Office , o" mo Internet Privacy Policy. Disclaimers & Credits "'sr "° , . .AM RICK SCOTT GOVERNOR "61 - "- Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399 -0450 July 26, 2011 David Rivera, P.E., Senior Principal WILSONMILLER, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 -8507 Dear Mr. Rivera: ANANTH PRASAD, P.E. SECRETARY RE VIED r .. The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firm for the following types of work: Group 2 - Project Development and Environmental (PD &E) Studies Group 3 - Highway Design - Roadway 3.1 - Minor Highway Design 3.2 - Major Highway Design 3.3 - Controlled Access Highway Design Group 4 - Highway Design - Bridges 4.1.1 - Miscellaneous Structures 4.1.2 - Minor Bridge Design 4.2.2 - Major Bridge Design - Steel Group 5 - Bridge Inspection 5.1 - Conventional Bridge Inspection 5.4 - Bridge Load Rating Group 6 - Traffic Engineering and Operations Studies 6.1 - Traffic Engineering Studies 6.2 - Traffic Signal Timing 6.3.1 - Intelligent Transportation Systems Analysis and Design 6.3.2 - Intelligent Transportation Systems Implementation Group 7 - Traffic Operations Design 7.1 - Signing, Pavement Marking and Channelization 7.2 - Lighting 7.3 - Signalization www.dot.state.fl.us ® RECYCLED PAPER .,. T"' 2 Group 8 - Survey and Mapping 8.1 - Control Surveying 8.2 - Design, Right of Way & Construction Surveying 8.4 - Right of Way Mapping Group 10 - Construction Engineering Inspection 10.1 - Roadway Construction Engineering Inspection 10.3 - Construction Materials Inspection 10.4 - Minor Bridge & Miscellaneous Structures CEI 10.5.1 - Major Bridge CEI - Concrete Group 13 - Planning 13.3 - Policy Planning 13.4 - Systems Planning 13.5 - Subarea /Corridor Planning 13.6 - Land Planning /Engineering 13.7 - Transportation Statistics Group 15 - Landscape Architect Your Unlimited Notice of Qualification shall be valid until June 30. 2012 at such time as your December 31. 2011 overhead audit will be due to comply with the Department's requirement on overhead audits. We will automatically notify your firm 45 to 60 days prior to your update deadline. On the basis of data submitted the Department has approved your accounting system and considers the rates listed below as acceptable rates for qualification purposes. Facilities Home /Branch Field Capital Cost Overtime Office Office of Money Premium Direct Expense Overhead Rate 190.88% 171.78% 0.846% Excluded 9.30 %(Home) 19.54 %(Field)* *Rent and utilities excluded from field office rate. These costs will be directly reimbursed on contracts that require the consultant to provide field office. Should you have any questions, please feel free to contact me at 850/414 -4485. Sincerely, ZR F---, ,W&m Lorraine E. Odom Professional Services Qualification Administrator LEO /cmr ol fe c r c014114ty Administratnre Services Drvision Purctiasinrg Addendum 1 Date: December 20, 2011 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252-6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: The Mandatory Pre - Proposal Conference will be held, December 29, 2011 in Conference Room A of the Collier County Government, Purchasing Department located at 3327 Tamiami Trail East, Naples, FL 34112. The Technical Proposals are due in the Collier County Government, Purchasing Office, 3327 Tamiami Trail East, Naples, FL 34112 by Monday, January 23, 2012 at 2:30 p.m. local time. The Price Proposals are due Thursday, February 16, 2012 at 2:30 pm in the Collier County Government, Purchasing Department located at 3327 Tamiami Trail East Naples FL 34112. Attached: Please see project plans attached. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. ' C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of Firm) Date Co ter County Adrrunistrative Services Division Purchasing Addendum 2 Date: December 21, 2011 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #2 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: The Mandatory Pre - Proposal Conference will be held, at 10:30 a.m., December 29, 2011 in Conference Room A of the Collier County Government, Purchasing Department located at 3327 Tamiami Trail East, Naples, FL 34112. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) CO��er County Administrative Services Division Purchasing Addendum 3 Date: December 28, 2011 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #3 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: The Mandatory Pre - Proposal Conference will be held, at 2:00 p.m. 10:39a.m. December 29 2011 January 4, 2012 in Conference Room A of the Collier County Government, Purchasing Department located at 3327 Tamiami Trail East, Naples, FL 34112. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Co-�er Count y Administrative Services Division Purchasing Addendum 4 Date: January 4, 2012 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #4 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: As a result of the Pre - Proposal meeting, Wednesday, January 4, 2012, the following questions and answers are provided. QUESTION: What are the names of the Technical Committee Members (Selection Committee)? ANSWER: Alison Bradford, Growth Management, Transportation Planning Melissa Hening, Conservation Collier Marlene Messam, Growth Management, TECM Mark Lindsay, Growth Management, Transportation Right -of -Way Mike Stone, Growth Management, Road and Bridge QUESTION: Is AutoCAD acceptable? ANSWER: Yes Please see attached the following documents Right of Entry Agreement December 2011 Conceptual Plans Geotechnical Report Design Criteria Pavement Design SFWMD Permit Application If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. Cdfler Count y Email: Administrative Services Division rhondacummings @colliergov.net Purchasing Telephone: (239) 252 -8941 FAX: (239) 252-6700 Addendum 5 Date: January 5, 2012 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #5 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: See attached the CAD files. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of Firm) Date Co per County Administrative Services Drvision Purchasing Addendum 6 Date: January 18, 2012 Email: rhondacummings @colliergov.net Telephone: (239) 252 -8941 FAX: (239) 252 -6700 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist To: Interested Suppliers Subject: Addendum #6 for Solicitation: RFP 11 -5695 Design -Build Immokalee Road Wildlife Crossing The following clarification is made to the above mentioned Collier County solicitation: See attached Tab VII, Required Form submittals to be included with the Price Proposal. See attached Tab V, Reference Form to be submitted with Technical Proposal. Technical Proposal due January 23, 30, 2012 at 2:30 pm. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Alison Bradford, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) (Name of Firm) Date Local Agency Program (LAP) DESIGN /BUILD REQUEST FOR PROPOSAL For RFP 11 -5695 "Design -Build Immokalee Road Wildlife Crossing ", Project #426836 -1, Collier County Rhonda Cummings, FCCN, CPPB Procurement Strategist Collier County Government (239) 252 -8941 (239) 252 -6700 Fax Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" May 1, 2010 Table of Contents I. Introduction ............................................................................ ..............................1 A. Department Responsibility ...................................... ..............................1 II. Schedule of Events ................................................................ ..............................1 III. Threshold Requirements ...................................................... ..............................2 A. Qualifications ........................................................... ..............................2 B. Joint Venture Firm .................................................... ..............................2 C. Price Proposal Guarantee ........................................ ..............................3 D. Pre - Proposal Meeting .............................................. ..............................3 E. Oral Interviews ......................................................... ..............................4 F. Protest Rights ........................................................... ..............................4 G. Non - Responsive Proposals ..................................... ..............................5 H. Waiver of Irregularities ............................................ ..............................5 I. Modification or Withdrawal of Proposal ................. ..............................6 J. Department's Responsibilities ................................ ..............................6 K. Design /Build Contract .............................................. ..............................6 IV. Disadvantaged Business Enterprise (DBE) Program ........... ..............................7 A. DBE Availability Goal Percentage: ........................................................ 7 B. Anticipated DBE Participation Statement: ............................................ 7 C. Equal Opportunity Reporting System: .................................................. 7 D. DBE Supportive Services Providers: .................................................... 7 E. DBE Affirmative Action Plan: ................................................................ 8 F. Bidders Opportunity List: ...................................................................... 8 V. PROJECT REQUIREMENTS AND PROVISIONS FOR WORK ...........................8 A. Governing Regulations: ......................................................................... 8 B. Innovative Aspects: ............................................................................. 11 C. Geotechnical Services: ........................................................................ 11 D. Environmental Permits: ....................................................................... 12 E. Survey: .................................................................................................. 13 F. Verification of Existing Conditions: .................................................... 14 G. Submittals: ........................................................................................... 14 H. Contract Duration: ................................................................................ 16 I. Project Schedule: ................................................................................. 16 J. Key Personnel/ Staffing :.......................................... .............................17 K. Meetings and Progress Reporting: ..................................................... 17 L. Public Involvement: ............................................................................. 17 M. Quality Management Plan ( QMP) :.......................... .............................19 N. Liaison Office: ...................................................................................... 20 O. Engineers Field Office: ........................................................................ 20 Q. Computer Automation: ........................................................................ 21 Page i Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" July 14 2011 R. Construction Engineering and Inspection: ........................................ 22 S. Testing: ................................................................................................. 22 T. Value Added: ........................................................................................ 22 U. Adjoining Construction Projects: ....................................................... 23 V. Design Issue Escalation: ..................................................................... 23 W. Construction Clarification, Conflict Resolution, and Issue Escalation: 23 VI. Design and Construction Criteria ....................................... .............................24 A. General: ................................................................................................ 24 B. Geotechnical Services ............................................ .............................25 C. Roadway Plans: .................................................................................... 25 D. Geometric: ............................................................................................ 28 E. Design Documentation, Computations and Quantities: .................... 28 F. Structure Plans: ................................................................................... 28 G. Specifications: ...................................................................................... 30 H. Shop Drawings: .................................................................................... 30 I. Sequence of Construction: .................................................................. 30 J. Stormwater Pollution Prevention Plans ( SWPPP) . .............................31 K. Temporary Traffic Control Plan: .......................................................... 31 L. Environmental Services/Permits/Mitigation: ...................................... 32 VII. Technical Proposal Requirements ..................................... .............................33 A. General: ................................................................................................ 33 B. Submittal Requirements: ..................................................................... 33 VIII. PRICE PROPOSAL REQUIREMENTS ................................. .............................36 A. Price Proposal: ..................................................................................... 36 B. Final Selection Process: ...................................................................... 37 XI. FINAL SELECTION PROCESS .......................................... ............................... EXHIBIT A NOT APPLICABLE TO THIS DOCUMENT ...................... .............................39 EXHIBIT B NOT APPLICABLE TO THIS DOCUMENT ...................... .............................40 EXHIBIT C NOT APPLICABLE TO THIS DOCUMENT ...................... .............................41 EXHIBITD ................................................................................ .............................42 LAP Requirements EXHIBITE ................................................................................ .............................80 Price Proposal Form EXHIBITF ................................................................................ .............................81 Sample Contract ADDENDUM TO FEDERAL CLAUSES Page ii Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" July 14 2011 ATTACHMENTS Design /Build Utility Agreement (Form number 710 - 010 -19) Geotechnical Data Plans Permits Typical Section Package (Included in Concept Plans) Pavement Design Design Criteria Technical Memorandum Concept Plans Division I Design /Build Specifications Value Added Specifications The attachments listed in the table of contents are by this reference hereby incorporated into and made a part of this RFP as though fully set forth herein. Page iii Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 1. Introduction. As requested by the Collier County Growth Management Division, Planning Department (hereinafter, the Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. Definitions: Local Agency means a unit of government with less than statewide jurisdiction or any officially designated public agency or authority of such a unit or government that has the responsibility for planning, construction, operation or maintenance of, or jurisdiction over, a transportation facility. The term includes, but is not limited to, a county, an incorporated municipality, a metropolitan planning organization (MPO), an expressway or transportation authority, a road and bridge district, a special road and bridge district or a regional governmental unit. The Technical Review Committee is defined by the Department as those individuals who will be scoring the Technical proposals and will make recommendation to the Board of County Commissioners who are identified as the Selection Committee. USDOT means United States Department of Transportation. Description of Work: The selected Design -Build firm shall meet the stated requirements to provide for design and construction of a wildlife crossing under Immokalee Road with a minimum opening of five (5) feet high and ten (10) feet wide. The centerline of the proposed crossing shall be 981 feet east of the centerline existing bridge over Corkscrew Swamp. Associated improvements include regarding and reconstructing the roadway for 1,354 feet and installing guardrail, where required to meet roadside safety criteria. In addition a ten (10) foot high chain link fence, with a barbed wire attachment on top, will be constructed on both sides of the roadway approximately 0.5 feet inside the right of way. The fence will be constructed from the existing bridge over Corkscrew Swamp to approximately 1827 feet east of the centerline of the proposed culvert for a total distance of 2,760 feet. All improvements associated with this project shall be constructed within existing right -of -way. A. Department Responsibility The Department will solicit under a separate RFP contract administration, management services, construction engineering inspection (CEI) services and quality acceptance reviews of all work associated with the development and preparation of the contract plans and construction of the improvements. 11. Schedule of Events Below is the current schedule of the remaining events that will take place in the selection process. The Department reserves the right to make changes or alterations to the schedule as the Department determines is in the best interests of the public. Proposers will be notified sufficiently in advance of any changes or alterations in the schedule. Unless otherwise notified Version 2017 -01a 05 -01 -2011 Page 1 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" in writing by the Department, the dates indicated below for submission of items or for other actions on the part of a Proposer shall constitute absolute deadlines for those activities and failure to fully comply by the time stated shall cause a Proposer to be disqualified. Date Event December 19 2011 Issue Solicitation Notice December 29, 2011 at 10:30 a.m. Mandatory Pre - Proposal Conference January 10, 2012 at 5:00 p.m. Final deadline for submission of questions /information www.colliergov.net/purchasing January 23, 2012 at 2:30 p.m. local time Technical Proposals are due in Purchasing Office by Monday, January 23, 2012 at 2:30 p.m. local time February 7, 2012 Questions and Answers due from Technical Proposal submissions. Design -Build firm's oral interviews. (Technical Review Committee will develop questions for the Design -Build firms to answer . Februa 13 2012 Summary of oral interviews from the Design-Build firms due February 16, 2012 at Public Meeting of Technical Review Committee to score Technical Proposals. Purchasing will open separate envelope containing the price proposals and determine intended Award Price Proposals are due the same day that they are opened. 2:30 p.m. TBA Anticipated Board of County Commissioner's Recommendation for Award and Contract approval date III. Threshold Requirements A. Qualifications Proposers are required to be pre - qualified in all work types required for the project by the Written Technical Proposal Due Date. The technical qualification requirements of Florida Administrative Code (F.A.C.) Chapter 14 -75 and all qualification requirements of F.A.C. Chapter 14 -22, based on the applicable category of the project, must be satisfied. The Consultant must meet the following qualification as identified in the Florida Administrative Code (F.A.C) Chapter 14 -75: Type of Work 4.1.1: Miscellaneous Structures. The Contractor must meet the minimum qualifications for the following work classes as prescribed in FAC 14 -22: Drainage Fencing Flexible Paving Grading B. Joint Venture Firm Two or more Firms submitting as a Joint Venture must meet the Joint Venture requirements of Section 14- 22.007, Florida Administrative Code. Parties to a Joint Venture must submit a Version 201'1 -01a 05-01 -2011 Page 2 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Declaration of Joint Venture and Power of Attorney Form No. 375 - 020 -18, prior to the deadline for receipt of written technical proposals and must submit a copy of approved documents with their written Technical Proposal. If the Proposer is a Joint Venture, the individual empowered by a properly executed Declaration of Joint Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will be responsible for the engineering, quality control, and geotechnical and construction portions of the Work. C. Price Proposal Guarantee A proposal guaranty in an amount of not less than five percent of the total proposal amount shall accompany each Proposer's Price Proposal. The guaranty may, at the discretion of the Proposer, be in the form of a cashier's check, bank money order, bank draft of any national or state bank, certified check, or surety bond, payable to the Department. The surety on any bid bond shall be a company recognized to execute bid /proposal bonds for contracts of the State of Florida. The guaranty shall stand for the Proposer's obligation to timely and properly execute the contract and supply all other submittals due therewith. The amount of the guaranty shall be a liquidated sum, which shall be due in full in the event of default, regardless of the actual damages suffered. The proposal guaranty of all Proposers' shall be released at such time as the successful Proposer has complied with the condition stated herein, but not prior to that time. D. Pre - Proposal Meeting Attendance at the pre - proposal meeting is mandatory and any Proposer who fails to attend will be deemed non - responsive and automatically disqualified from further consideration. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the design and construction criteria, CPM schedule, and method of compensation, instructions for submitting proposals, and other relevant issues. In the event that any discussions or questions at the pre- proposal meeting require, in the Department's opinion, official additions, deletions, or clarifications of the Request for Proposal, the Design and Construction Criteria, or any other document, the Department will issue a written summary of questions and answers or an addendum to this Request for Proposals as the Department determines is appropriate. No oral representations or discussions, which take place at the pre - proposal meeting, will be binding on the Department. Proposers shall direct all questions to the Departments Question and Answer website to www.colliergov.net/purchasing. During and after the meeting, it is the responsibility of the Project Manager /Contracting Unit to ensure that each Proposer develops their technical proposal with the same information. If a Proposer receives information from the Department relating to the project prior to the information cutoff date, the Department will ensure that all Proposers receive the same information in a timely fashion. The project file will clearly document all communications with any Firm regarding the design and construction criteria by the Contracting Unit or the Project Manager. Version 2011 -01a 05- 01- 20'11 Page 3 of 112 Request for Proposal 11 -5695 "Desiyn -Build Immokalee Road Wildlife Crossing E. Oral Interviews The Department will provide some (not necessarily all) proposed questions to each Design /Build Firm as it relates to their technical proposal approximately twenty -four (24) hours before the scheduled oral interview. No supplemental materials, handouts, etc. will be allowed to be presented in the oral interview session. Proposer may submit any additional supporting documentation that is required and discussed after the oral interview period. F. Protest Rights Any person who is adversely affected by the specifications contained in this Request for Proposal must file a notice of intent to protest in writing within seventy -two hours of the receipt of this Request for Proposals. The formal written protest shall be filed within ten (10) days after the date of the notice of protest if filed. The person filing the Protest must send the notice of intent and the formal written protest to: Collier County Purchasing Department Steve Carnell, Director — Purchasing /General Services 3327 Tamiami Trail East Naples, FL 34112 The formal written protest must state with particularity the facts and law upon which the protest is based and be legible, on 8'/z x 11 -inch white paper and contain the following: Name, address, telephone number, and Department identifying number on the Notice, if known, and name, address and telephone number of a representative, if any; and 2. An explanation of how substantial interest will be affected by the action described in the Request for Proposals; and 3. A statement of when and how the request for Proposals was received; and 4. A statement of all disputed issues of material fact. If there are none, this must be indicated; and 5. A concise statement of the ultimate facts alleged, as well as the rules and statutes, which entitle to relief; and Mediation pursuant to Section 120.573, F.S., may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to administrative hearing is not affected when mediation does not result in a settlement. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S. Version 2011 -01a 05 -01 -2011 Page 4 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" G. Non - Responsive Proposals Proposals found to be non - responsive shall not be considered. Proposals may be rejected if found to be in nonconformance with the requirements and instructions herein contained. A proposal may be found to be non - responsive by reasons, including, but not limited to, failure to utilize or complete prescribed forms, conditional proposals, incomplete proposals, indefinite or ambiguous proposals, failure to meet deadlines and improper and /or undated signatures. Other conditions which may cause rejection of proposals include evidence of collusion among Proposers, obvious lack of experience or expertise to perform the required work, submission of more than one proposal for the same work from an individual, firm, joint venture, or corporation under the same or a different name (also included for Design /Build projects are those proposals wherein the same Engineer is identified in more than one proposal), failure to perform or meet financial obligations on previous contracts, employment of unauthorized aliens in violation of Section 274A (e) of the Immigration and Nationalization Act, or in the event an individual, firm, partnership, or corporation is on the United States Comptroller General's List of Ineligible Design /Build Firms for Federally Financed or Assisted Projects. Proposals will also be rejected if not delivered or received on or before the date and time specified as the due date for submission. H. Waiver of Irregularities The Department may waive minor informalities or irregularities in proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the Department's interest and will not affect the price of the Proposals by giving a Proposer an advantage or benefit not enjoyed by other Proposers. Any design submittals that are part of a proposal shall be deemed preliminary only. 2. Preliminary design submittals may vary from the requirements of the Design and Construction Criteria. The Department, at their discretion, may elect to consider those variations in awarding points to the proposal rather than rejecting the entire proposal. 3. In no event will any such elections by the Department be deemed to be a waiving of the Design and Construction Criteria. 4. The Proposer who is selected for the project will be required to fully comply with the Design and Construction Criteria for the price bid, regardless that the proposal may have been based on a variation from the Design and Construction Criteria. 5. Proposers shall identify separately all innovative aspects as such in the Technical Proposal. An innovative aspect does not include revisions to specifications or established Department policies. Innovation should be limited to Design /Build Firm's means and methods, roadway alignments, approach to project, use of new products, new uses for established products, etc. Version 201;1 -01a 05.01 -2011 Page 5 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 6. The Proposer shall obtain any necessary permits or permit modifications not already provided. 7. Those changes to the Design Concept may be considered together with innovative construction techniques, as well as other areas, as the basis for grading the Technical Proposals in the area of innovative measures. I. Modification or Withdrawal of Proposal Proposers may modify or withdraw previously submitted proposals at any time prior to the proposal due date. Requests for modification or withdrawal of a submitted proposal shall be in writing and shall be signed in the same manner as the proposal. Upon receipt and acceptance of such a request, the entire proposal will be returned to the Proposer and not considered unless resubmitted by the due date and time. Proposers may also send a change in sealed envelope to be opened at the same time as the proposal provided the change is submitted prior to the proposal due date. J. Department's Responsibilities This Request for Proposal does not commit the Department to make studies or designs for the preparation of any proposal, nor to procure or contract for any articles or services. Proposers shall examine the Contract Documents and the site of the proposed work carefully before submitting a proposal for the work contemplated and shall investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents. Written notification of differing site conditions discovered during the design or construction phase of the project will be given to the Department's Project Manager. The Department does not guarantee the details pertaining to borings, as shown on any documents supplied by the Department, to be more than a general indication of the materials likely to be found adjacent to holes bored at the site of the work, approximately at the locations indicated. Proposers shall examine boring data, where available, and make their own interpretation of the subsoil investigations and other preliminary data, and shall base his bid on his own opinion of the conditions likely to be encountered. The submission of a proposal is prima facie evidence that the Proposer has made an examination as described in this provision. K. Design /Build Contract The Department will enter into a Lump Sum contract with the successful Design /Build Firm. In accordance with Section V, the Design /Build Firm will provide a schedule of values to the Department for their approval. The total of the Schedule of Values will be the lump sum contract amount. The terms and conditions of this contract are fixed price and fixed time. The Design /Build Firm's submitted proposal (time and cost) is to be a lump sum bid for completing the scope of work detailed in the Request for Proposal. Version 201,1 -01a 05 -01- 20'11! Page 6 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" IV. Disadvantaged Business Enterprise (DBE) Program. A. DBE Availability Goal Percentage: The Florida Department of Transportation (FDOT) has an overall eight point six zero percent (8.60 %) race - neutral DBE goal. This means that the State's goal is to spend at least 8.60% of the highway dollars with Certified DBE's as prime Design /Build Firms or as subcontractors. Race - neutral means that the Department believes that the 8.60% overall goal can be achieved through the normal competitive procurement process. The Florida Department of Transportation (FDOT) has reviewed this project and assigned a DBE availability goal shown on the bid blank/contract front page under "% DBE Availability Goal ". Although not a contract requirement, the Department believes that this DBE percentage can realistically be achieved on this project based on the number of DBE's associated with the different types of work that will be required. Under 49 Code of Federal Regulations Part 26, if the 8.18% goal is not achieved, the Department may be required to return to a race - conscious program where goals are imposed on individual contracts. The Department encourages all of our Design /Build Firms to actively pursue obtaining bids and quotes from Certified DBE's. B. Anticipated DBE Participation Statement: The Department is reporting to the Florida Department of Transportation (FDOT) and the FDOT is reporting to the Federal Highway Administration the planned commitments to use DBE's. This information is being collected through the Anticipated DBE Participation Statement. This statement shall be submitted to the District Contract Compliance Manager/ Resident Compliance Officer who will then submit it electronically to the Equal Opportunity Office. Although these statements WILL NOT become a mandatory part of the contract, they will assist the Department in tracking and reporting planned or estimated DBE utilization. C. Equal Opportunity Reporting System: The Design /Build Firm is required to report monthly, through the FDOT's Equal Opportunity Reporting System on the Internet at, http: / /www. dot. state .fl.us /egualopportunityoffice/ actual payments, minority status, and the work type of all subcontractors and suppliers. All DBE payments must be reported whether or not the prime initially planned to utilize the company. Each month the prime must report actual payments to all DBE and MBE subcontractors and suppliers. In order for the race neutral DBE Program to be successful, cooperation is imperative. D. DBE Supportive Services Providers: The FDOT has contracted with a consultant, referred to as DBE Supportive Services Provider, to provide managerial and technical assistance to DBE's. This consultant is also required to work with prime Design /Build Firms, who have been awarded contracts, to assist in identifying DBE's that are available to participate on the project. The successful Design /Build Firm should meet with the DBE Supportive Services Provider to discuss the DBE's that are available to work on this project. The current Provider for the State of Florida is serviced by Blackmon Roberts Group and can be reached at (863) 802 -1280 in Lakeland or (305) 777 -0231 in Coral Gables. Version 201'1 -01a 05 -01 -2011 Page 7 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" E. DBE Affirmative Action Plan: A DBE Affirmative Action Plan must be approved and on file with the Equal Opportunity Office prior to award of the contract for each prime Design /Build Firm. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the plan. The DBE Affirmative Action Plan must be on your company's letterhead, signed by a company official, dated and contain all elements of an effective DBE Affirmative Action Plan. These Plans should be mailed to: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, FL 32399 -0450 Questions concerning the DBE Affirmative Action Plan may be directed to the Equal Opportunity Office by calling (850) 414 -4747. Bidders Opportunity List: F. The Federal DBE Program requires States to maintain a database of all Firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all Firms that bid /propose on prime contracts or bid /propose or quote subcontracts on DOT - assisted projects, including both DBE's and Non - DBE's. On the Bidders Opportunity Form if the answers to numbers 2, 3, 4, or 5 are not known, leave them blank and the Department will complete the information. This information should be returned with the bid package or proposal package or submitted to the Equal Opportunity Office within three days of submission. It can be mailed to the Equal Opportunity Office or faxed to (850) 414 -4879. V. PROJECT REQUIREMENTS AND PROVISIONS FOR WORK. A. Governing Regulations: The services performed by the Design /Build Firm shall be in compliance with all applicable Manuals and Guidelines including the Department, FDOT, FHWA, AASHTO, and additional requirements specified in this document. Except to the extent inconsistent with the specific provisions in this document, the current edition, including updates, of the following Manuals and Guidelines shall be used in the performance of this work. Current edition is defined as the edition in place and adopted on the date of advertisement of this contract with the exception of the Standard Specifications for Road and Bridge Construction (Divisions II & III), Special Provisions and Supplemental Specifications, Manual on Uniform Traffic Control Devices (MUTCD), Design Standards and Design Standards Modifications. The Design /Build Firm shall use the edition of the Standard Specifications for Road and Bridge Construction (Divisions II & III), Special Provisions and Supplemental Specifications, Design Standards and Design Standard Modifications in effect at the time the bid price proposals are due in the District Office. The Design /Build Firm shall use the 2009 edition of the MUTCD. It shall be the Design /Build Firm's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. The services will include preparation of all documents necessary to complete the project as described in Section I of this document. Florida Department of Transportation Roadway Plans Preparation Manuals Version 2011 -01a 05-01 -2011 Page 8 of 112 Request for Proposal 11 -5695 "Desien -Build Immokalee Road Wildlife Crossine" http: / /www. dot. state. fl .us /rddesign /PPMManual /PPM.shtm 2. Florida Department of Transportation Design Standards http: / /www.dot.state.fl. us/ rddesign /DesignStandards /Standards.shtm 3. Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Divisions II & III), Special Provisions and Supplemental Specifications http://www.dot.state.fl.us/specificationsoffice/DefauIt.shtm 4. Florida Department of Transportation Surveying Procedure http: / /www2.dot.state.fl. us /proceduraldocuments /procedures /bin /550030101.pdf 5. Florida Department of Transportation EFB User Guide (Electronic Field Book) http: / /www. dot. state. fl. us /surveyingandmapping /downloads.shtm 6. Florida Department of Transportation Drainage Manual http: / /www. dot. state. fl. us / rddesign /dr /Manua[sandhandbooks.shtm 7. Florida Department of Transportation Soils and Foundations Handbook http://www.dot.state.fl.us/structures/ManuaIs/SFH.pd f 8. Florida Department of Transportation Structures Manual http://www.dot.state.fl.us/structures/manlib.shtm 9. Florida Department of Transportation Computer Aided Design and Drafting (CADD) Production Criteria Handbook Roadway Standards http: / /www.dot.state.fl. us /ecso/ downloads /publications /CriteriaHandBook/ 10. Florida Department of Transportation Production Criteria Handbook CADD Structures Standards http: / /www. dot. state.fl. us /ecso/ downloads /publications /CriteriaHandBook/ 11. Florida Department of Transportation Structures Manual including Temporary Structures Design Bulletins http: / /www. dot. state.fl. us /structures /Memos /cu rrentbu Iletins. shtm 12. Instructions for Structures Related Design Standards http: / /www. dot. state. fl. us /structures /I DS /I DS portal. pdf 13. AASHTO — A Policy on Geometric Design of Highways and Streets https :Hbookstore.transportation.org /item details.aspx ?ID =110 14. MUTCD - 2009 http: / /mutcd.fhwa.dot.gov/ 15. Safe Mobility For Life Program Policy Statement http: / /www2.dot.state.fl. us /proceduraldocuments /procedures /bin /000750001.pdf 16. Traffic Engineering and Operations Safe Mobility for Life Program http: / /www. dot. state. fl. us /trafficoperations /Operations /SafetyisGolden. shtm 17. American with Disabilities Act http://www2. dot. state. fl. us /proceduraldocuments /procedures /bin /625020015. pdf Version 2011 -01a 05- 01- 20'11 Page 9 of 112 Request for Proposal 11 -5695 "Desiizn -Build Immokalee Road Wildlife Crossing" 18. Florida Highway Landscape Guide way Main files /Land Arch M; 19. Florida Department of Transportation Florida Sampling and Testing Methods httr): / /www. dot.state.fl. us /statematerialsoffice / administration /resources /iibrary /oub lications /fstm /disclaimer.shtm 20. Florida Department of Transportation Pavement Coring and Evaluation Procedure http: / /www.dot.state.fl. us /statematerialsoffice / administration /resources /library /pub lications /materialsmanual /documents /v1- section32- clean. pdf 21. Florida Department of Transportation District Design Guidelines http://www.dot.state.fl.us/rddesign/updates/files/updates.shtm 22. Florida Department of Transportation District Design Memos or Practices Manual (as applicable): http _ / /www.dot.state_fl.us /ecso/ downloads / publications /DistrictOnePractices /defa pass 23. Florida Department of Transportation Utility Accommodation Manual http://www.dot.state.fl.us/rddesign/utilities/UAM.shtm 24. AASHTO — Specifications for Highway Bridges his : / /bookstore.transportation.org /category item.aspx ?id =BR 25. Florida Department of Transportation Construction Project Administration Manual http: / /www.dot.state.fl. us/ construction /Manuals /cpam /CPAMManual.shtm 26. Florida Department of Transportation Flexible Pavement Design Manual http: / /www. dot. state. fl. us /pavementmanagemenVPUBLICATIONS .shtm 27. Florida Department of Transportation Rigid Pavement Design Manual http: / /www. dot. state. fl. us /pavementmanagemenVPUBLICATIONS .shtm 28. Florida Department of Transportation Pavement Type Section Manual http://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm 29. Florida Department of Transportation Right of Way Manual http://www.dot.state.fl.us/rightofway/Documents.shtm 30. Florida Department of Transportation Intelligent Transportation System Guide Book http: / /www. dot .state.fl.us /TrafficOperations /Doc Library /Doc Library.shtm 31. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications http: / /www.fhwa. dot.gov /engineering /"geotech /pubs /reviewquide /checklist. cfm 32. Florida Department of Transportation Bicycle and Pedestrian Policies and Standards http: / /www.dot.state.fl.us /safety /ped bike /ped bike standards.shtm 33. Federal Highway Administration Hydraulic Engineering Circular Number 18 (HEC 18). http: / /www.fhwa.dot.gov /engineering /hydraulics /library arc.cfm ?pub number =17 Version 2011 -01a 0501- 20'11 Page 10 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 34. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http://www.dot.state.fl.us/rddesign/FloridaGreenbook/FGB.shtm 35. Florida Statutes http: / /www.leg.state.fl. us /Statutes /index. cfm ?Mode= View %20Statutes &Submenu =1 &Tab = statutes &CFI D= 14677574 &CFTOKEN = 80981948 36. AASHTO LRFD Bridge Design Specifications, Fifth Edition, 2010, with Interims through 2011. B. Innovative Aspects: All innovative aspects shall be identified separately as such in the Technical Proposal. An innovative aspect does not include revisions to specifications, standards or established Department policies. Innovation should be limited to Design /Build Firm's means and methods, roadway alignments, approach to project, etc. C. Geotechnical Services: General Conditions: The Design /Build Firm will be responsible for identifying and performing any geotechnical investigation, analysis, and design dictated by the project needs. All geotechnical work necessary shall be performed in accordance with the governing regulations. The Design /Build Firm shall provide the Department signed and sealed design and construction reports. The reports shall be a record set of all geotechnical information, including relevant support data. 2. Pile Foundations The Design /Build Firm shall provide Geotechnical Consultant Services in accordance with the Department standards, policies and procedures to perform geotechnical design, foundation construction services and dynamic testing. In addition to the standard policies, the following qualifications are required: Production pile lengths and driving criteria shall be developed by the same engineering firm performing the dynamic pile testing under the direct supervision of a Registered Professional Engineer in the State of Florida. This Engineer must have been in responsible charge of the geotechnical foundation construction engineering and dynamic testing work on at least 5 Department bridge projects, including Department Structures Design Category 2 bridge projects, having driven pile foundations. This "responsible charge" experience shall include verifiable and successful experience using the test methods that will be utilized on the project such as static, Osterberg Cell and /or Statnamic load tests, collection and analyses of Embedded Data Collectors (EDC), dynamic load testing with signal matching, and /or WEAP computer analysis. Production pile lengths and driving criteria shall be authorized in a letter signed and sealed jointly Version 2011 -01a 05- 01- 2011: Page 11 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" by the Engineer responsible for the dynamic testing and the Geotechnical Foundation Design Engineer of Record. • The pile foundation installation shall be supervised and certified by the Geotechnical Foundation Design Engineer of Record. These services shall include providing CTQP- certified Pile Driving Technicians in the numbers necessary to comply with Department specifications for recording pile driving records. Provide pile- driving logs to Department within 24 hours of completing the driving of each pile. The Geotechnical Foundation Design Engineer of Record shall be responsible for addressing any foundation installation problems with the assistance and concurrence of the Engineer responsible for the dynamic testing. 3. Spread Footing Foundations The Design /Build Firm is responsible for identifying and performing all geotechnical investigation, analysis and design required for the project in accordance with FDOT guidelines, procedures and specifications. The Design -Build Firm shall submit qualification statements for the geotechnical and non - destructive testing firms to be used on the project for approval by the Department at least 30 calendar days before beginning the design. Acceptance of the Design -Build Firm's personnel does not relieve the Design -Build Firm of the responsibility for obtaining the required results in the completed work. D. Environmental Permits: Storm Water and Surface Water: Plans shall be prepared in accordance with Chapter 62 -25, Regulation of Storm water Discharge, Florida Administrative Code. 2. Permits: A Notice General Permit (No. To be determined at a later date) has been obtained from SFWMD for the construction activities identified in the concept plans. If any changes are made to the design, or if construction activities do not meet the requirements of this permit, the Design /Build Firm will be responsible for securing a modification to the permit. All applicable data shall be prepared in accordance with Chapter 373 and 403, Florida Statutes, Chapters 40 and 62, Florida Administrative Code; Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and parts 114 and 115, Title 33, Code of Federal Regulations. In addition to these Federal and State permitting requirements, any dredge and fill permitting required by local agencies shall be prepared in accordance with their specific regulations. Acquisition or modification of all applicable permits will be the responsibility of the Design /Build Firm. Preparation of complete permit packages will be the responsibility of the Design /Build Firm. The Design /Build Firm will obtain permits while acting as an authorized representative for the "Department" for permitting purposes only. If any agency rejects or denies the permit application, it is the Design /Build Firm's responsibility to make whatever changes necessary to ensure the permit is approved. Version 2011 -01a 05 -01 -2011 Page 12 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" The Design /Build Firm will be required to pay all permit and /or permit modification fees. Any fines levied by permitting agencies shall be the responsibility of the Design /Build Firm. The Design /Build Firm shall be responsible for an assessment of all potential gopher tortoise habitats that could be impacted by the project. The habitat will be systematically surveyed according to the current guidelines published by the Florida Fish and Wildlife Conservation Commission (FWC). If gopher tortoise burrows are found, all practicable measures will be employed to avoid impacts. The Design /Build Firm shall be responsible for obtaining an FWC permit for the relocation of gopher tortoises and commensals from burrows which cannot be avoided, and relocation shall be performed at a time as close as practicable to the start of construction activities at the site of the burrows. If new burrows are found after relocation, their occupants will also be relocated. A copy of the permit and any subsequent reports to FWC must be provided to the District Environmental Management Office. The Design /Build Firm will be required to pay all permit fees including any and all fees associated with the relocation of gopher tortoises. Any fines levied by permitting agencies shall be the responsibility of the Design /Build Firm. However, notwithstanding anything above to the contrary, upon the Design /Build Firm's preliminary request for extension of Contract Time, pursuant to 8 -7.3, being made directly to the Department Project Manger or Designee, the Department reserves unto the Department Project Manger or Designee, in his sole and absolute discretion, according to the parameters set forth below, the authority to make a determination to grant a non - compensable time extension for any impacts beyond the reasonable control of the Design /Build Firm in securing permits. Furthermore, as to any such impact, no modification provision will be considered by the Department Project Manger or Designee unless the Design /Build Firm clearly establishes that it has continuously from the beginning of the project aggressively, efficiently and effectively pursued the securing of the permits including the utilization of any and all reasonably available means and methods to overcome all impacts. There shall be no right of any kind on behalf of the Design /Build Firm to challenge or otherwise seek review or appeal in any forum of any determination made by the Department Project Manger or Designee under this provision. 3. Signed and Sealed As -Built Drawings: The Design /Build Firm shall adhere to all environmental permit conditions related to as -built certifications. E. Survey: The Design /Build Firm shall perform all surveying and mapping services necessary to complete the project. Survey services must also comply with all pertinent Florida Statutes and applicable rules in the Florida Administrative Code. All field survey data will be furnished to the Department, in an approved digital format by the Department, readily available for input and use in CADD Design files. All surveying and mapping work must be accomplished in accordance with the FDOT's Surveying Procedure, Topic Nos. 550 - 030 -101; Right -of -Way Mapping Procedure, Topic No. 550 - 030 -015; Aerial Surveying Standards for Transportation Projects Procedure, Topic No. 550 - 020 -002. This work must comply with the Minimum Technical Standards for Professional Surveyors and Mappers, Chapter 5J -17, Florida Administrative Code (F.A.C.), pursuant to Section 472.027, Florida Statutes (F.S.) and any special instructions from the Department. This survey also must comply with the Department of Environmental Protection Version 201 -1 -01a 05-01 -2011 Page 13 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing Rule, Chapter 18 -5, F.A.C. pursuant to Chapter 177, F.S., and the Department of Environmental Protection. F. Verification of Existing Conditions: The Design /Build Firm shall be responsible for verification of existing conditions, including research of all existing Department records and other information. By execution of the contract, the Design /Build Firm specifically acknowledges and agrees that the Design /Build Firm is contracting and being compensated for performing adequate investigations of existing site conditions sufficient to support the design developed by the Design /Build Firm and that any information is being provided merely to assist the Design /Build Firm in completing adequate site investigations. Notwithstanding any other provision in the contract documents to the contrary, no additional compensation will be paid in the event of any inaccuracies in the preliminary information. G. Submittals: Plans: Plans must meet the minimum contents of a particular phase submittal prior to submission for review. The particular phase of each submittal shall be clearly indicated on the cover sheet. Component submittals must be accompanied by sufficient information for adjoining components or areas of work to allow for proper evaluation of the component under review. Submittals for Category I and II bridges are limited to the following component submittals: foundation, substructure, and superstructure. Bridge component submittals must be accompanied by all supplemental information required for a complete review. Submittals for individual component elements (i.e. Pier 2, Abutment 1, Span 4, etc.) and incomplete submittals will not be accepted. Category I and II bridge component submittals shall contain the following: • Plan sheets for the component under review developed to the specified level of detail (i.e. 90% plans, Final plans, etc.), • A complete set of the most developed plan sheets for all other major elements of the bridge. These sheets shall be marked "For Information Only" on the index sheet. In no case shall a plan sheet be less than 30% complete. • Design documentation including a complete set of calculations, geotechnical reports, pertinent correspondence, etc. in support of the 90% and final component submittals. • For Category II bridges component submittals shall also include independent peer review documentation. Version 2411 -01a 05 -01 -2011 Page 14 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" The Design /Build Firm shall provide copies of required review documents as listed below. 90% Component Plans 5 sets of 11" X 17" roadway plans 5 sets of 11" X 17" structure plans 5 sets of 11" X 17" each component set, except ITS plans 5 sets of 11 " X 17" ITS plans 5 copies of Final Geotechnical Report 5 copies of Final Bridge Hydraulic Report 5 sets of documentation — roadway /drainage 5 set of documentation - structures 1 copy of Technical Special Provisions Wildlife Crossing Design and Load Rating Calculations, signed and Sealed by a Florida P.E. Independent Peer reviewer's comments and comment responses Final Component Plans 1 sets of 11" X 17" roadway plans 5 sets of 11" X 17" structure plans 5 sets of 11" X 17" each component set, except ITS plans 5 sets of 11" X 17" ITS plans 5 sets of final documentation 1 signed and sealed copy of Specifications Package 2 sets of electronic copies of Technical Special Provisions on CD Independent Peer Reviewer's signed and sealed cover letter that all comments have been addressed and resolved. Construction Set: 2 sets of 11 "X 17" of the signed and sealed plans for the Department to stamp "Released for construction" Final signed and sealed plans will be delivered to the Department's Project Manager a minimum of 5 working days prior to construction of that component. The Department's Project Manager will send a copy of a final signed and sealed plans to the appropriate office for review and stamping "Released for Construction ". Only stamped signed and sealed plans are valid and all work that the Design /Build Firm performs in advance of the Department's release of Plans will be at the Design /Build Firm's risk. Record Set: The Design /Build Firm shall furnish to the Department, upon project completion, the following: • 2 sets of 11" X 17" signed and sealed plans • 5 sets of 11 "X 17" copies of the signed and sealed plans • 1 signed and sealed copy of the Bridge Load Rating based on as -built conditions • 5 sets of final documentation (if different from final component submittal) Version 2011 -01a 05 -01 -2011 Page 15 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" • 2 (two) Final Project CD's The Design /Build Firm's Professional Engineer in responsible charge of the project's design shall professionally endorse (signed and sealed and certified) the record prints, the special provisions and all reference and support documents. The professional endorsement shall be performed in accordance with the FDOT's Plans Preparation Manual. The Design /Build Firm shall complete the record set as the project is being constructed. The record set becomes the as- builts at the end of the project. All changes shall be signed /sealed by the EOR. The record set shall reflect all changes initiated by the Design /Build Firm or the Department in the form of revisions. The record set shall be submitted on a Final Project CD upon project completion. The CEI shall do a review of the record set prior to final acceptance in order to complete the record set. The CEI shall certify the final plans as per Section 4.5.7 of Chapter 4 of the Preparation and Documentation Manual (TOPIC No. 700 - 050 -010) H. Contract Duration: The Design /Build Firm shall establish the contract duration for the subject project. In no event shall the contract duration exceed 405 calendar days. The schedule supporting the proposed contract duration will be submitted with the Technical Proposal and should identify if the work activity durations are based on calendar days or working days. The official Proposed Contract Time will be the one submitted with the Technical and Price Proposal. Proposed Contract Time (PCT) reflected in the schedule may be amended in the price proposal. The official PCT will be the one submitted with the Price Proposal. I. Project Schedule: The Design /Build Firm shall submit a project schedule, in accordance with Subarticle 8 -3.2 (Design /Build Division I Specifications), which supports the established contract duration submitted as part of the Proposal. The minimum number of activities shall be those listed in the payout schedule and those listed below: • Anticipated Award Date • Design Submittals • Design Survey • Design Reviews by the Department and FDOT • Materials Quality Tracking • Geotechnical Investigation • Start of Construction • Clearing and Grubbing • Construction Mobilization • Embankment/Excavation • Environmental Permit Acquisition and /or Modifications (as applicable) • Wildlife Crossing Design • Wildlife Crossing Construction • Roadway Design • Roadway Construction Version 2011 -01a 05- 01- 20'11 Page 16 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" • Signing and Pavement Marking Design • Signing and Pavement Marking Construction • Maintenance of Traffic Design • Maintenance of Traffic Set -Up (per duration) • Erosion Control • Construction Milestones as determined by the Design /Build Firm • Final Completion Date for All Work The Design /Build Firm's schedule should allow for a fifteen (15) calendar day (excluding Holidays as defined in section 1 -3 of the Specifications) review time for the Department's review of all submittals with the exception of Category II structures. The review of Category 11 structures requires FDOT involvement and the schedule shall allow twenty (20) calendar days (excluding Holidays as defined in section 1 -3 of the Specifications) for these reviews. J. Key Personnel /Staffing: The Design /Build Firm's work shall be performed and directed by key personnel identified in the technical proposal by the Design /Build Firm. Any changes in the indicated personnel shall be subject to review and approval by the Department's Project Manager. The Design /Build Firm shall have available a professional staff that meets the minimum training and experience set forth in Florida Statute Chapter 455. K. Meetings and Progress Reporting: The Design /Build Firm shall anticipate periodic meetings with Department personnel and other agencies as required for resolution of design and /or construction issues. These meetings may include: • Department technical issue resolution • Permit agency coordination • Local government agency coordination • Scoping Meetings During design, the Design /Build Firm shall meet with the Department's Project Manager on a monthly basis and provide a month look ahead of the activities to be completed during the upcoming month. During construction, the Design /Build Firm shall meet with the Department's Project Manager on a weekly basis and provide a one -week look ahead for activities to be performed during the coming week. The Design /Build Firm shall, on a monthly basis, provide written progress reports that describe the items of concern and the work performed on each task. L. Public Involvement: General: Public involvement is an important aspect of the project. Public involvement includes Version 201:1 -01a 05 -01 -2011 Page 17 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" communicating to all interested persons, groups, and government organizations information regarding the development of the project. A Public Involvement Consultant (PIC) has been hired by the Department to carry out an exhaustive Public Involvement Campaign and a marketing effort. The Design /Build Firm will continue to be part of the Public Involvement effort but on a limited basis as described below. 2. Community Awareness: The Design /Build Firm will review and comment on a Community Awareness Program provided by the PIC for the project. 3. Public Meetings: The Design /Build Firm shall provide all support necessary for the PIC to hold various public meetings, which may include: • Kick -off or introductory meeting • Metropolitan Planning Organization (MPO) Citizens Advisory Committee Meetings • MPO Transportation Technical Committee Meetings • MPO Meetings • Public Information Meetings • Elected and appointed officials • Special interest groups (private groups, homeowners associations, environmental groups, minority groups and individuals) The Design /Build Firm shall include attendance at two meetings per month for the term of the contract to support the public involvement program. For any of the above type meetings the Design /Build Firm shall provide all technical assistance, data and information necessary for the PIC to produce display boards, printed material, video graphics, computerized graphics, etc., and information necessary for the day -to -day exchange of information with the public, all agencies and elected officials in order to keep them informed as to the progress and impacts that the proposed project will create. This includes workshops, information meetings, and public hearings. The Design /Build Firm shall, on an as- needed basis, attend the meetings with an appropriate number of his personnel to assist the Department's Project Representative /PIC. The Design /Build Firm shall forward all requests for group meetings to the PIC. The Design /Build Firm shall inform the PIC of any meetings with individuals that occur without prior notice. Version 2011 -01a 05 -01 -2011 Page 18 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing 4. Public Workshops, Information Meetings: The Design /Build Firm shall provide all the support services listed in No. 3 above. All legal /display ads announcing workshops, information meetings, and public meetings will be prepared and paid for by the PIC. The Department will be responsible for the legal /display advertisements for design concept acceptance. The PIC will be responsible for preparing and mailing (includes postage) for all letters announcing workshops and information meetings. 5. Public Involvement Data: The Design /Build Firm is responsible for the following: • Coordinating with the Public Involvement Consultant. • Identifying possible permit and review agencies and providing names and contact information for theses agencies to the PIC. • Providing required expertise (staff members) to assist the PIC on an as- needed basis. • Preparing color graphic renderings and /or computer generated graphics to depict the proposed improvements for coordination with the Department, local governments, the Urban Design Guidelines Committee, and other agencies. The collection of public input occurs throughout the life of the project and requires maintaining files, newspaper clippings, letters, and especially direct contacts before, during and after any of the public meetings. Articles such as those mentioned shall be provided to the PIC for their use and records. In addition to collecting public input data, the Design /Build Firm may be asked by the PIC to prepare responses to any public inquiries as a result of the public involvement process. The Department shall review all responses prior to mailing. M. Quality Management Plan (QMP): Design: The Design /Build Firm shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications, geotechnical and other services furnished by the Design /Build Firm under this contract. The Design /Build Firm shall provide a Design Quality Management Plan, which describes the Quality Control (QC) procedures to be utilized to verify, independently check, and review all design drawings, specifications, and other documentation prepared as a part of the contract. In addition the QMP shall establish a Quality Assurance (QA) program to confirm that the Quality Control procedures are followed. The Design /Build Firm shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The QMP may be one utilized by the Design /Build Firm, as part of their normal operation or it may be one specifically designed for this project. The Design /Build Firm shall submit a QMP Version 201 I -01a 05-01 -2011 Page 19 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" within 15 working days of the written Notice to Proceed. A marked up set of prints from the Quality Control review will be sent in with each review submittal. The responsible Professional Engineers or Professional Surveyor that performed the Quality Control review, as well as the QA manager will sign a statement certifying that the review was conducted. The Design /Build Firm shall, without additional compensation, correct all errors or deficiencies in the surveys, designs, drawings, specifications and /or other services. No fabrication, casting, or construction will occur until all related design review and shop drawing review comments are resolved. 2. Construction: The Design /Build Firm shall be responsible for developing and maintaining a Construction Quality Control Plan in accordance with Section 105 of Standard Specifications which describes their Quality Control procedures to verify, check, and maintain control of key construction processes and materials. The Department shall maintain its rights to inspect construction activities and request any documentation from the Design /Build Firm to ensure quality products and services are being provided in accordance with the FDOT's Materials Acceptance Program. N. Liaison Office: The Department and the Design /Build Firm will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the project. O. Engineers Field Office: The Design /Build Firm will provide an Engineers Field Office in accordance with Special Provision 109. P. Schedule of Values: The Design /Build Firm will be responsible for invoicing the Department based on current invoicing policy and procedure. Invoicing will be based on the completion or percentage of completion of major, well- defined tasks as defined in the schedule of values. Final payment will be made upon final acceptance-by the Department of the Design /Build project. Tracking DBE participation will be required under normal procedures according to the CPAM. The Design /Build Firm must submit the schedule of values to the Department for approval. No invoices shall be submitted prior to Department approval of the schedule of values. Upon receipt of the invoice, the Department's Project Manager will make judgment on whether or not work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. The schedule of values shown will be the basis for determining monthly progress estimate. The quantities will be compared with the project schedule to determine the percentage earned. The percentage shall be that portion of the work completed as compared to the total work contracted. The Design /Build Firm shall assign the schedule of values to the activities in the Version 2011 -01a 05 -01 -2011 Page 20 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing CPM schedule. The assignment of values to scheduled activities must be approved by the Department, prior to the first monthly progress estimate and invoicing by the Design /Build Firm. The monthly progress estimates will adhere to the official estimate schedule of the Department. Prompt Payment Law: Payments will be made for articles and /or 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. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. Invoices will be reduced for amounts invoiced in excess of the amounts earned per the monthly progress estimates and Cash Availability Schedule(s) as outlined in Sections III. L_ and V_ P_ If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Participant. Interest penalties of less than one (1) dollar will not be enforced unless the Participant requests payment. Invoices that have to be returned to a Participant because of Participant preparation errors will result in a delay in payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. Q. Computer Automation: The project shall be developed utilizing computer automation systems in order to facilitate the development of the contract plans. Various software and operating systems were developed to aid in assuring quality and conformance with Department of Transportation policies and procedures. Seed Files, Cell Libraries, User Commands, MDL Applications and related programs developed for roadway design and drafting are available for the MicroStation V8 format in the FDOT CADD Software Suite. However, it is the responsibility of the Design /Build Firm to obtain and utilize current Department releases of all CADD applications. The Design /Build Firm's role and responsibilities are defined in the Department's CADD Manual. The Design /Build Firm will be required to submit final documents and files which shall include complete CADD design and coordinate geometry files in Intergraph / Micro station format, as described in the above referenced document. The archived submittal shall also include either a TIMS database file, CADD Index file (generated from RDMENU) or documentation that shall contain the project history, file descriptions of all (and only) project files, reference file cross references, and plotting criteria a (e.g. batch, level symbology, view attributes, and display requirements). A printed directory of the archived submittal shall be included. Version 2011 -01a 05 -01 -2011 Page 21 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossin4" R. Construction Engineering and Inspection: The Department will be hiring CEI services as a separate responsibility under a new Request for Proposal. The firm selected will be responsible for providing Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. S. Testing: The Department or its representative will perform verification and resolution testing services in accordance with the latest Specifications. On all Federal Aid Projects, the Department or its representative shall perform verification sampling and testing on site as well as off site locations such as pre- stress plants, batch plants, structural steel and weld, fabrication plants, etc. T. Value Added: The Design /Build Firm may provide Value Added Project Features, in accordance with Article 5- 14 of the Specifications for the following features: • Roadway features • Roadway drainage systems, • Bearings (<< Delete if Section 475 is included >>) • Expansion joints (<< Delete if Section 475 is included >>) • Approach slabs • Superstructure • Substructure • Structure drainage systems (<< Delete if Section 475 is included >>) • Paint systems (<< Delete if Section 475 is included >>) • Concrete defects • Structural steel defects • Post - tensioning systems • And any other products or features the Design /Build Firm desires. The Design /Build Firm shall develop the Value Added criteria, measurable standards, and remedial work plans in the Design /Build Firm's technical proposal for features proposed by the Design /Build Firm. Version 201'1 -01a 05 -01 -2011 Page 22 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" The Design /Build Firm shall guarantee the performance of all structural components in accordance with Section 475, Value Added Bridge Component, included as an Attachment. The Design /Build Firm shall guarantee the performance of all signal components in accordance with Section 645 and 611, Value Added Signal Installation, included as an Attachment. U. Adjoining Construction Projects: The Design /Build Firm shall be responsible for coordinating construction activities with other construction projects that are impacted by or impact this project. This includes projects under the jurisdiction of local governments, the Department, or other regional and state agencies. V. Design Issue Escalation: The Department has established the issue escalation process for design questions and conflict resolution that the Design /Build Firm shall follow unless revised by the Partnering agreement. All issues are to be directed to the Department Project Manager or Designee. If the issue cannot be resolved at this level the Department Project Manger or Designee shall forward the issue to the next level in the process. The escalation process begins with the Department Project Manger or Designee, followed by the FDOT, and finally to the Department's Attorney. Each level shall have a maximum of three working days to answer, resolve or address the issue. This three day window is a response time and does not infer resolution. Questions may be expressed verbally and followed up in writing. The Department Project Manger or Designee will respond in a timely manner but not to exceed three working days. The Design /Build Firm shall provide any available supporting documentation. The Design /Build Firm shall provide a similar issue escalation process for his organization with personnel of similar levels of responsibility. The Department Attorney will have the final authority on design decisions. W. Construction Clarification, Conflict Resolution, and Issue Escalation: In the event that construction problems occur, the resolution of those problems will be processed in one of the following two ways unless revised by a Partnering agreement: If the resolution does not change the original intent of the technical proposal /RFP, then the Design /Build Firm Engineer of Record (EOR) will be responsible for developing the design solution to the construction problem and the Department Project Manger or Designee will be responsible for review and response within 10 working days. The Department Project Manger or Designee will either concur with the proposed solution or, if the Department Project Manger or Designee has concerns, the issue will be escalated as described in the process below. If the resolution does alter the original intent of the technical proposal /RFP then the FOR will develop the proposed solution, copy in the Department Project Manger or Designee, and send it to the Department Project Manger or Designee for review and response.. The Department Project Manger's Office will respond to the proposed solution Version 2011 -01a 05 -01 -2011! Page 23 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" within ten working days. If there is issue, the Department Project Manger will be escalated as described in the process below. Changes to the original intent of the technical proposal /RFP will require a contract change order and FDOT approval. The Department has established the issue escalation process for construction questions and conflict resolution that the Design /Build Firm shall follow unless revised by the Partnering agreement. All issues are to be directed to the Department Project Manager. If the issue cannot be resolved at this level the Department Project Manager shall forward the issue to the next level in the process. The escalation process begins with the Department Project Manager, followed by the FDOT, and finally to the Department's Attorney. Each level shall have a maximum of three working days to answer, resolve or address the issue. This three day window is a response time and does not infer resolution. Questions may be expressed verbally and followed up in writing. The Department Project Manager will respond in a timely manner but not to exceed three working days. The Design /Build Firm shall provide any available supporting documentation. The Design /Build Firm shall provide a similar chain of command for his organization with personnel of similar levels of responsibility. Should an impasse develop, the Dispute Review Board shall assist in the resolution of disputes and claims arising out of the work on the Contract. V1. Design and Construction Criteria: A. General: The Design /Build Firm shall be responsible for: detailed plan checking as outlined in the Plans Preparation Manual (PPM); as described in the RFP; and the Design Criteria Technical Memorandum. This includes a checklist of the items listed in the PPM for each completed phase submittal. The wildlife crossing design shall be included. Roadway submittals may be broken down into grading, drainage, walls, signing & pavement marking, and final geometry components. The component design must be in conformity with the Design and Construction Criteria requirements, approved preliminary layout and concept as provided in the Technical Proposal. Before construction activities can begin for a specific component, signed and sealed design plans and calculations supporting the design for that component must be reviewed by the Department and FDOT. Component submittals shall be complete submittals along with all the supporting information necessary for review. The work must represent logical work activities and must show impacts on subsequent work on this project. Any modification to the component construction due to subsequent design changes as the result of design development is solely the Design /Build Firm's risk. Upon review by the Department, the plans will be stamped "Released for Construction" and initialed and dated by the reviewer. Any construction initiated by the Design /Build Firm prior to receiving signed and sealed plans stamped "Released for Construction" shall be at the sole risk of the Design /Build Firm. Version 2011 -01a 05- 01- 20,11 Page 24 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" All design and construction documents shall be prepared using the English system. B. Geotechnical Services Spread Footing Foundations The Design /Build Firm shall perform a subsurface investigation, analysis and design for all aspects of the project in accordance with Department standards, policies and procedures. Existing subsurface information may be used. Supplemental subsurface investigation and testing will be required to ensure all aspects of the project are covered. Driven Pile Foundations The Design /Build Firm shall perform a subsurface investigation, analysis and design for all aspects of the project in accordance with FDOT, Department and /or Local Agency standards, policies and procedures. Existing subsurface information may be used. Supplemental subsurface investigation and testing will be required to ensure all aspects of the project are covered. The Department reserves the right to observe construction and perform verification procedures on any geotechnical elements during any phase of the construction operation. Verification that the design intent has been met will be achieved by either over - the - shoulder review or independent testing, as the discretion of the Department. When the Utility Agency /Owner (UA/O) has a compensable property interest because of conditions stipulated in existing instruments such as but not limited to, subordination agreements or easements, these utility work costs may be eligible for reimbursement to the UAO and are to be paid by the Design -Build Firm. Preliminary review of the UAO's eligibility is indicated in the concept plans or attachments. The Design -Build Firm shall pay reimbursements to all eligible UAOs and shall include all necessary utility reimbursement costs in the Price Proposal. It is the responsibility of the Design -Build Firm to verify these, along with any other utility compensable property interests, and, should relocation be required, also include those costs in the Price Proposal. Any utility facilities not listed in the concept plans or attachments and later discovered within the Right of Way in the Project area are to be avoided to cause the least impediment to the overall construction operations and utility services. When utility work is unavoidable, the Design Build Firm shall request the UAO to enter into a utility work agreement in accordance with Section 337.403, Florida Statutes, Rule Chapter 14 -46 Florida Administrative Code, and the FDOT Utility Accommodation Manual to cause the least impediment to the overall construction operations and utility service. These UAOs may also be eligible for reimbursement for any required utility work if the UAO has a compensable property interest or other right for reimbursement. The Design /Build Firm shall pay reimbursements to all eligible UAOs. The Design -Build Firm shall take responsibility for and make good all damages to utility facilities resulting from the Design -Build Firm's activities, both within and beyond the limits of this contract at the Design -Build Firm's sole expense whether or not shown in this RFP. C. Roadway Plans: Version 2011 -01a 05 -01 -2011 Page 25 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" General: The Design /Build Firm shall prepare the Roadway Plans Package. This work effort includes the roadway design and drainage analysis needed to prepare a complete set of Roadway Plans, Traffic Control Plans, Environmental Permits and /or Modification and other necessary documents. Design Analysis: The Design /Build Firm shall develop and submit a signed and sealed Typical Section Package, Pavement Design Package and Drainage Analysis Report for review and concurrence by the Department and FDOT. Any deviation from the Department's design criteria will require a design variation and any deviation from AASHTO will require a design exception. If a Design /Build Firm requests a variance or exception during the technical proposal phase, it must be discussed during the pre - bid meeting or prior to the information cut -off date. All such variances and exceptions must be approved or disapproved prior to the information cut -off date and such variances and exceptions will be disclosed to all the Design /Build Firms. These packages shall include the following: Typical Section Package: • Transmittal letter • Location Map • Roadway Typical Section(s) 1. Minimum milling depth 2. Identify if ARMI layer is required 3. Minimum lane, shoulder, median widths 4. Slopes requirements • Data Sheet • Design Speed 2. Pavement Design Package: Pavement Design 1. Minimum design period 2. Minimum ESAL's 3. Minimum design reliability factors 4. Roadbed resilient modulus 5. Minimum structural asphalt thickness 6. Cross slope 7. Identify the need for modified binder 8. Pavement coring and evaluation The roadway typical section provided in the project concept plans reflect the minimum acceptable lane widths and shoulder widths. The roadway and shoulder cross slopes shall not deviate from the concept drawings. The roadway front slope grading shall be constructed per Table 2.4.1 in Chapter 2, Volume I of the FDOT Plans Preparation Manual, with the exception of Version 2011 -01a 05 -01 -2011 Page 26 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" where steeper slopes are required to avoid wetland impacts and meet the permit conditions. Guardrail shall be place where required in the FDOT Plans Preparation Manual and Design Standards. The pavement design provided reflects a minimum acceptable design based on the available information. The Design -Build Firm is responsible for verifying all pavement design information and developing a pavement design to be utilized during construction. 3. Drainage Analysis: The Design -Build Firm is responsible for reviewing the Notice General Environmental Resource Permit (No. To be determined at a later date) issued by SFWMD and ensuring the proposed drainage system meets all permit requirements. As demonstrated in the project concept drawings the proposed roadway runoff will sheet flow across the embankment and discharge to offsite wetlands, matching existing drainage patterns. The exception is in the vicinity of the wildlife crossing, where runoff will be collected and discharged such that the potential for erosion around the headwalls will be reduced. The Design /Build Firm shall be responsible for designing the drainage and stormwater management systems. All design work shall be in compliance with the; Florida Administrative Code, UC chapter 14 -86; Federal Aid Policy Guide 23 CFR 650A; and the requirements of the regulatory agencies. This work will include the engineering analysis necessary to design any or all of the following: cross drains, French drains, roadway ditches, outfall ditches, storm sewers, retention /detention facilities, interchange drainage and water management, other drainage systems and elements of systems as required for a complete analysis. Full coordination with all permitting agencies and the Department will be required from the outset. Full documentation of all meetings and decisions are to be submitted to the Department Project Manger or Designee. These activities and submittals should be coordinated through the Department Project Manger or Designee. The exact number of drainage basins, outfalls and water management facilities (retention /detention areas, weirs, etc.) will be the Design /Build Firm's responsibility. Perform design and generate construction plans documenting the permitted systems function to criteria. The Design /Build Firm shall verify that all existing cross drains and storm sewers that are to remain have adequate hydraulic capacity and design life. Flood flow requirements will be determined in accordance with the Department's procedures. If any of these existing cross drains or storm sewers are found to be hydraulically inadequate or found to have insufficient design life, they must be replaced or supplemented in accordance with the drainage requirements of this RFP. If any existing cross drains or storm sewers require repairs but otherwise would have sufficient remaining design life, repairs shall be made in accordance with the requirements of this RFP. The Design /Build Firm will consider optional culvert materials in accordance with the Department's Drainage Manual Criteria. Prior to proceeding with the Drainage Design, the Design /Build Firm shall meet with the Drainage Engineer. The purpose of this meeting is to provide information to the Design /Build Firm that will better coordinate the Preliminary and Final Drainage Design efforts. This meeting Version 2011 -0 1 a 0501 -2011; Page 27 of 112 Request for Proposal 11 -5695 "Desi n -Build Immokalee Road Wildlife Crossing" is Mandatory and is to occur fifteen (15) working days prior to any submittals containing drainage components. The Design /Build Firm shall provide the Department's Drainage Engineer a signed and sealed Drainage Design Report. It shall be a record set of all drainage computations, both hydrologic and hydraulic. The engineer shall include all necessary support data. D. Geometric: The Design /Build Firm shall design the geometric for the project using the design standards that are most appropriate with proper consideration given to the design traffic volumes, adjacent land use, design consistency, aesthetics, ADA requirements, and this document. The Design /Build Firm shall not use a minimum design speed less than 60 mph. The design elements shall include, but not be limited to, the horizontal and vertical alignments, lane widths, shoulder widths, median widths, cross slopes, borders, sight distance, side slopes, front slopes and ditches. The geometric design developed by the Design /Build Firm shall be an engineering solution that is not merely an adherence to the minimum AASHTO and /or Department standards. E. Design Documentation, Computations and Quantities: The Design /Build Firm shall submit to the Department design notes and computations to document the design conclusions reached during the development of the construction plans. The design notes and computation sheets shall be fully titled, numbered, dated, indexed, and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to a standard size 8'/2' x 11 ". The data shall be in a hard -back folder for submittal to the Department. At the project completion, a final set of design notes and computations, signed by the Design /Build Firm, shall be submitted with the record set of plans and tracings. The design notes and calculations shall include, but not be limited to the following data: 1. Design standards used for the project 2. Geometric design calculations for horizontal alignments 3. Vertical geometry calculations 4. Documentation of decisions reached resulting from meetings, telephone conversations or site visits 5. Final quantities list F. Structure Plans: Bridge /Culvert Design Analysis: a. The Design /Build Firm shall submit to the Department final signed and sealed design documentation prepared during the development of the plans. b. The Design /Build Firm shall insure that the final geotechnical reports required for bridge /culvert design are submitted with the 90% wildlife crossing plans. Version 2011- 01a05 -41 -2411 Page 28 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" C. The Design /Build Firm shall "Load Rate" all bridges /culverts in accordance with the FDOT Procedure 850 - 010 -035 and the Structures Manual. The bridge /culvert load rating shall be submitted to the Department Project Manger or Designee for review with the 90% superstructure submittal. The as -bid load rating (based on the 90% design plans) shall be provided to the Department before any traffic is placed on the bridge. The as -bid load rating shall be signed and sealed by a Professional Engineer licensed in the State of Florida. A final, signed and sealed copy of the Bridge /Culvert Load Rating, updated for the as -built conditions shall be submitted to the Department's Project Manager or Designee with the as -built bridge plans. d. The Design /Build Firm shall evaluate scour on all bridges over water using the procedures described in HEC 18. e. Any erection, demolition, and any proposed sheeting and /or shoring plans that may potentially impact the railroad must be submitted to and approved by the railroad. This applies to areas adjacent to, within and over railroad rights of ways. The Engineer of Record for bridges /culverts shall analyze the effects of the construction related loads on the permanent structure. These effects include but are not limited to: construction equipment loads, change in segment length, change in construction sequence, etc. The Engineer of Record shall review all specialty engineer submittals (camber curves, falseworks systems, etc.) to ensure compliance with the contract plan requirements and intent. Criteria The Design /Build Firm shall incorporate the following into the design of this facility: a. All plans and designs are to be prepared in accordance with AASHTO LRFD Bridge Design Specifications, FDOT Standard Specifications, Structures Manual, Plans Preparation Manual, FDOT Standard Drawings, Supplemental Specifications, Special Provisions, and directions from the State Structures Design Engineer, Temporary Design Bulletins, Structures Design Office and / or Department Project Manger or Designee. b. Critical Temporary Retaining Walls: Whenever the construction of a structural component (such as a wall, footing, or other such component) requires excavation that may endanger the public or an existing structure that is in use the Design /Build Firm must protect the existing facility and the public. If a critical temporary retaining wall is, therefore, required during the construction stage only, it may be removed and reused after completion of the work. Such systems as steel sheet pilings, soldier beams and lagging or Version 201.1- 01a:05 -01 -2011 Page 29 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" other similar systems are commonly used. In such cases, the Design /Build Firm is responsible for designing detailing the wall in the set of contract plans. These plans must be signed and sealed by the Structural Engineer in responsible charge of the wall design. C. For bridges over navigable waterways, establish the required pier strengths using the MathCadd program furnished by the Department if no specific pier strength is listed in the Design and Criteria Package. The MathCadd program furnished by the Department allows for the proposed bridge geometry to be input by the Engineer. Other parameters such as water traffic, waterway characteristics, etc. may not be changed. This assures that all Design /Build Firms are designing on the same assumptions other than the specific bridge layout that each is proposing. G. Specifications: The Design -Build Firm shall prepare and provide a specifications package prepared in accordance with the FDOT's Handbook for the Preparation of Specification Packages and FDOT's requirements. The specifications package shall address all items and areas of work and include any Mandatory Specifications, Modified Special Provisions and Technical Special Provisions. The signed and sealed specifications package shall be submitted with the Final Plans Package submittal including: H. Shop Drawings: The Design /Build Firm shall be responsible for the preparation and approval of all Shop Drawings. Shop Drawings shall be submitted to the Department and shall bear the stamp and signature of the Design /Build Firm's Engineer of Record (EOR), and Specialty Engineer, as appropriate. The Department shall review the Shop Drawing(s) to evaluate compliance with project requirements and provide any findings to the Design /Build Firm. The Department's procedural review of shop drawings is to assure that the Design /Build Firm and the FOR have both accepted and signed the drawing, the drawing has been independently reviewed and is in general conformance with the plans. The Department's review is not meant to be a complete and detailed review. Upon review of the shop drawing, the Department will stamp "Released for Construction" or "Released for Construction as noted" and initialed and dated by the reviewer. Shop Drawing submittals must be accompanied by sufficient information for adjoining components or areas of work to allow for proper evaluation of the Shop Drawing(s) submitted for review. I. Sequence of Construction: Version 20'1 I- 01a;05 -01 -2011 Page 30 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" The Design /Build Firm shall construct the work in a logical manner and with the following objectives as guides: 1. Maintain or improve, to the maximum extent possible, the quality of existing traffic operations, both in terms of flow rate and safety, throughout the duration of the project. 2. Minimize the number of different Traffic Control Plan (TCP) phases, i.e., number of different diversions and detours for a given traffic movement. 3. Take advantage of newly constructed portions of the permanent facility as soon as possible when it is in the best interest of traffic operations and construction activity. 4. Maintain reasonable direct access to adjacent properties at all times, with the exception in areas of limited access right -of -way where direct access is not permitted. 5. Proper coordination with adjacent construction projects and maintaining agencies. J. Stormwater Pollution Prevention Plans (SWPPP) The Design /Build Firm shall prepare an erosion control plan that complies with the Storm Water Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System (NPDES). The Design /Build Firm shall refer to the Plans Preparation Manual for information in regard to the SWPPP and the Florida Department of Environmental Protection (FDEP) Rule 62 -25 for requirements on the erosion control plan. Detailed limits of the erosion control items will be necessary but may be shown on the roadway plans sheets. This plan shall be submitted along with the Design /Build Firm's Certification at least fifteen (15) working days prior to beginning construction activities. K. Temporary Traffic Control Plan: Traffic Control Analysis: The Design /Build Firm shall design a safe and effective Temporary Traffic Control Plan to move vehicular traffic during all phases of construction. The areas shall include, but are not limited to, construction phasing, utility relocation, drainage structures, signalization, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites. Special consideration shall be given to the drainage system when developing the construction phases. Positive drainage must be maintained at all times. The Temporary Traffic Control Plan shall address how to assist with maintenance of traffic throughout the duration of the contract. The Temporary Traffic Control Plan shall be prepared by a certified designer who has completed the FDOT's training course, and in accordance with the Department's Design Standards and the Roadway Plans Preparation Manual. The temporary traffic control plan shall be developed to maintain a minimum design speed of 40 mph. Transportation Management Plans (TMPs) are required for significant projects which are defined as: 1. A project that, alone or in combination with other concurrent projects nearby, is Version 2011 -01a 05- 01 -2011 Page 31 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" anticipated to cause sustained work zone impacts. 2. All Interstate system projects within the boundaries of a designated Transportation Management Area (TMA) that occupy a location for more than three days with either intermittent or continuous lane closures shall be considered as significant projects. For significant projects a TMP will consist of three components: (1) Temporary Traffic Control (TTC) plan component; (2) Transportation Operations (TO) component; and (3) Public Information (PI) component Additional information can be found in chapter 10 of the PPM. Temporary Traffic Control Plans: The Design /Build Firm shall utilize Index Series 600 of the FDOT's Design Standards where applicable. Should these standards be inadequate, a detailed Temporary Traffic Control Plan shall be developed. The Design /Build Firm shall prepare plan sheets, notes, and details to include the following: typical section sheet(s), general notes and construction sequence sheet(s), typical detail sheet(s), traffic control plan sheet(s). The Design /Build Firm shall prepare additional plan sheets such as cross sections, profiles, drainage structures, retaining wall details, and sheet piling as necessary for proper construction and implementation of the Temporary Traffic Control Plan. Traffic Control Restrictions: There will be NO LANE CLOSURES ALLOWED between the hours of 6:00 AM to 8 :00 AM and 4:00 PM and 6:00 PM. A lane may only be closed during active work periods. Rolling barricades will be allowed during the approved lane closure hours. All lane closures, including ramp closures, must be reported to the local emergency agencies, the media and the Department's Community Liaison, Connie Dean. Also, the Design /Build Firm shall develop the project to be able to provide for all lanes of traffic to be open in the event of an emergency or if the lane closure causes a driver delay greater than twenty (20) minutes. L. Environmental Services /Permits /Mitigation: The Design /Build Firm will be responsible for preparing designs and proposing construction methods that are permit -able. The Design /Build Firm will be responsible for any required permit fees. All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity. Delays due to incomplete permit packages, agency rejection, agency denials, agency processing time, or any permit violations, except as provided in Section V.D.2, will be the responsibility of the Design /Build Firm, and will not be considered sufficient reason for time extension. M. Signing and Pavement Marking Plans: Version 2011 -01a 05- 01- 2011 Page 32 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" All plans are to be prepared in accordance with the latest design standards and practices included in the Manual on Uniform Traffic Control Devices, FDOT's Standard Specifications, Indexes, FDOT's Plans Preparation Manual, and shall be accurate, legible, complete in design, drawn to the scale indicated in FDOT requirements and furnished in reproducible form VII. Technical Proposal Requirements A. General: Each Design /Build Firm being considered for this project is required to submit a Technical Proposal. The proposal shall include sufficient information to enable the Department to evaluate the capability of the Design /Build Firm to provide the desired services. The data shall be significant to the project and shall be innovative, when appropriate, and practical. Discussions of past performances on other projects shall be minimized except as they relate to the proposed work. B. Submittal Requirements: The Technical Proposal shall be bound with tabs labeled accordingly with the information, paper size and page limitation requirements as listed below: A copy of the "Written Technical Proposal" must also be submitted in electronic format on a CD. The format shall be in Microsoft Word and the file saved in html. No macros will be allowed. Minimum font size of ten (10). Graphics and photographs shall be held to a minimum, in the electronic version only, so that Internet loading of the Technical Proposal takes place in 15 seconds or less. Submit six (6) copies of the Technical Proposal to: Collier County Purchasing, 3327 Tamiami Trail East, Naples, FL 34112, Marked clearly as RFP 11 -5695 Design /Build Immokalee Road Wildlife Crossing, Project #426836- 1 -58 -01 Section 1: Written Technical Proposal • Paper size: 8'/2" x 11", additional larger charts and graphs may be provided if folded neatly to 81/2" x 11 " • Maximum allowed pages: 25 The minimum information to be included: Response Format The Design Build Firm understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County The Design Build Firm further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Version 2011 -01a 05-01 -2011 Page 33 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossini" Proposals should be prepared simply and economically, providing a straightforward concise description of the Design Build Firm's approach and ability to meet the Department's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Design Build Firm to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Design Build Firm's certification that the Design Build Firm will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. Proposals will be evaluated and scored on the basis of the following criteria: 2. Tab II, Project Approach (Maximum 35 points /5 Page Limitation) Proposals will be evaluated on the soundness, application, and detail of strategies proposed for meeting the Department's objectives. The Design Build Firm shall include a description of how the design of the project will be approached. The proposal will include options to be considered and the issues to be resolved. The Design Build Firm will present concepts demonstrating their ability to develop cost effective solutions through innovative techniques. The Design Build Firm will submit examples of coordination with design professional and general contractor and their strategy for success. 3. Tab III, Project Management Team (Maximum 30 points /10 Page Limitation) Proposal will be evaluated on the qualifications and abilities of the proposed project team, including their method of ensuring responsiveness to direction given by the Department, and troubleshooting and problem solving abilities. Should sub - consultant(s) be listed as a part of the project(s) team, the Design Build Team shall provide a letter from each sub - consultant that indicates the sub - consultant's intent to be a part of the project(s) team. Proposals submitted without the referenced letter(s) may result in the sub - consultant qualifications being eliminated from the review process. Provide information that document's your Design Build Firm's qualification to produce the required deliverables, including abilities, capacity, skill and financial strength in response to the items 1 — 3 below. 1. Prior experience providing "Design / Build" services as a licensed entity; List number of previous projects completed within Version 201'1 -01a 05- 01- 2011 Page 34 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" the last five years (1/1/06 — 12/31/10). Project Description 2. Number of wildlife crossing and or similar design projects from within the last five years (1/1/06 — 12/31/10) with a construction value of $500,000 or more. End Date Original Budget 3. Number of wildlife crossing or similar projects in South Florida within the last five years (1/1/06 — 12/31/10) that were grant funded. List funding sources: Number of Change Orders TOTAL (add 1 + 2 + 3) • Points awarded will be extended to the first decimal point (per Microsoft Excel). 4) Tab IV, Ability of Firm to meet schedule requirements (Maximum 25 points /5 Page Limitation) CURRENT CAPACITY AND PAST PERFORMANCE Rating will be based on the Design Build Firm's approach to schedule and control of Design Build Firm's current and projected workload and available labor resources, Describe the firm's approach to ensuring that the engineering project(s) and, if applicable, the resultant construction project(s) are completed on time and within the contract amount and allotted budget Consideration will be given to proposals that responsibly maximize the net economic benefit to the Department over the term of the proposed contract. At a minimum, they must meet the budgetary requirements of the specific project. Firm shall submit their approach to controlling project costs, and also, a table of the actual construction costs on previous projects as compared to the estimated costs prior to bidding. The table will be considered a measure of the Design Build Firm's ability to complete projects within budget. The table must show the firm's estimated construction costs prior to bidding (final design) compared to the actual award amount. The actual final construction amount after all change orders may be shown, but only in addition to the award amount. A suggested tabular format titled "Comparison of Estimated and Actual Construction Costs" is as follows: List Current Projects in the Format Identified Below Project Description Start. Date End Date Original Budget Final Project Cost Number of Change Orders Identify the individual(s) responsible for cost control. Provide a written statement regarding Design Build Firm's willingness and ability to comply with the following for each project. 5) Tab V: References (10 points, 5 pages maximum) Version 2011 -01a 05 -01 -2011 Page 35 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Submit fully completed References with the firm's proposal — not to exceed five (5) references from individuals who have had similar work to the Department's outlined scope of work. In order for the firm to be awarded any points for this tab, the Department requests that the firm submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The Technical Review Committee will only use the methodology calculations for the first five (5) references (only) submitted by the design /build firm in their proposal. The Technical Review Committee will individually review the Design Build Firm's proposal to ensure consistency and completeness of all responses in the RFP, and determine the Points Awarded per Design Build Firm. The Technical Review Committee may, at their sole discretion, adjust the points awarded after a thorough review of the proposal and prior to Price Proposal Opening. 6) Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award. Exceptions taken by a Design Build Firm may result in evaluation point deduction(s) and /or exclusion of proposal for the Technical Review Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the Technical Review Committee member. 7) Tab VII, Required Form Submittals to be Included with Price Proposal • Licenses and /or Certifications • Attachment 1: Vendor Checklist • Attachment 2: Vendor Declaration Form • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Immigration Affidavit Certification • Attachment 5: Insurance and Bonding Requirement Form (for contractor) • Professional liability insurance • Excluded Parties List System Documentation located at: https://www.epis.gov/epls/search.do • Local Agency Program (LAP) Requirements VIII. PRICE PROPOSAL REQUIREMENTS A. Price Proposal: Price Proposals shall be submitted on the Price Proposal form attached hereto and shall include one lump sum price for the Project and the number of calendar days within which the Proposer will complete the project. The lump sum price shall include all costs for all design, geotechnical surveys, architectural services, engineering services, Design /Build Firms quality plan, construction of that portion of the Project, and all other work necessary to fully and timely complete that portion of the Project in accordance with the Contract Documents, as well as all job site and home office overhead, and profit, it being understood that payment of that amount for that portion of the Project will be full, complete, and final compensation for the work required Version 20;1 I -01a 05 -01 -2011 Page 36 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" to complete that portion of the Project. The Price Proposal shall be hand delivered in a separate sealed package to the following: Collier County Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 RFP 11 -5695 Design /Build Immokalee Road Wildlife Crossing The package shall indicate clearly that it is the Price Proposal and shall identify clearly the Proposer's name, and project description. The Price Proposal shall be secured and unopened until the date specified for opening of Price Proposals. A. Price Proposal to be included in a Separate envelope clearly marked Price Proposal RFP 11 -5695) on the date specified in the RFP. The price proposal shall not be submitted with the Technical Proposal. (See Price Proposal form, Exhibit E, attached) The Department may determine that the Price Proposal is non - responsive if the Department determines, in its sole discretion that any of the following pertain to the Price Proposal: • The Price Proposal is significantly unbalanced relative to the Scope of Work; • The Price Proposal does not provide all information in conformance with the Instructions to Proposers; • The Price Proposal contains unreasonable prices. The Purchasing Office shall publicly open the sealed price proposals in the presence of the Technical Review Committee and calculate an adjusted score using the following formula: BPP = Adjusted Score TS BPP = Bid Price Proposal divided by TS = Technical Score The Design /Build Firm selected will be the Design /Build Firm whose adjusted score is lowest. The Department reserves the right to consider any proposal as non - responsive if any part of the Technical Proposal does not meet established codes and criteria. Also, if the price proposal is greater than budgeted amount the proposal will be considered non - responsive. B. Final Selection Process: Version 20`1 I -01a 05- 01- 2011 Page 37 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" After the sealed price proposals are received, the Department will have a public meeting for the announcement of the Technical Scores and opening of the bid price proposals. This meeting will be recorded. At this meeting, the Department will announce the score for each member of the Technical Review Committee for each Proposer and each Proposer's average Technical Score. Following announcement of the technical scores, the sealed price proposals will be opened and the adjusted scores calculated. The Department's Selection Committee will review the evaluation of the Technical Review Committee and the Price Proposal of each Proposer as to the apparent lowest adjusted score and make a final determination of the lowest adjusted score. The Selection Committee has the right to correct any errors in the evaluation and selection process that may have been made. The Department is not obligated to award the contract and the Selection Committee may decide to reject all proposals. If the Selection Committee decides not to reject all proposals, the contract will be awarded to the Proposer determined by the Selection Committee to have the lowest adjusted score. Version 2011 -01a 05-01- 2011 Page 38 of 112 Request for Proposal 11 -5695 "Desien -Build Immokalee Road Wildlife Crossing" EXHIBIT A PROJECT SCOPE AND SERVICES NOT APPLICABLE TO THIS DOCUMENT Version 2011 -01a 05 -01 -2011 Page 39 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT B INSURANCE REQUIREMENTS NOT APPLICABLE TO THIS DOCUMENT Version 201'1 -01a 05- 01- 2011 Page 40 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT C NOT APPLICABLE TO THIS DOCUMENT Version.. 201:1 -01a 05 -01 -20'11 Page 41 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT D Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS — CONSTRUCTION PHASE Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. The following items must be submitted with the bid package. Any missing items will be considered a nonresponsive; bid. REQUIRED FORMS (Attached) N/A DBE /AA Plan Submit BOTH with Bid If your DBE /AA Plan has not Package: been approved by FDOT: Disadvantaged Business Enterprise Affirmative Action ❑ FDOT DBE /AA Plan A sample DBE policy and plan Plan Approval Letter (Form 275- 030 -1113) has been provided with approval DBE PLAN SUBMITTED ❑ Copy of DBE /AA instructions. WITH BID MUST BE Policy and Plan APPROVED BY FDOT N/A EEO /AA Plan Submit with Bid Package: A sample EEO policy and plan has been provided. Equal Employment ❑ Copy of EEO /AA Opportunity Affirmative Policy and Plan The EEO plan is not required Action Plan to be approved by FDOT. 275- 021 -13 Notification of EEO Officer Submit with Bid Package 700 - 010 -52 Affidavit Vehicle Submit with Bid Package Registration 275- 030 -10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700 - 010 -36 Certification of Sublet Work Submit with Bid Package 275- 030 -12 Anticipated DBE Statement Submit with Bid Package 275- 030 -13 Certification of Non- Submit with Bid Package se re ated Facilities Provide FDOT Submit with Bid Package Pre qualification # The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Bonding and Prequalification Version 2011 -01a 0501 -2011 Page 42 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" (3 -5, 7 -13, 8 -7.1 and 2 -5.1 Florida Department of Transportation Guidelines) Prequalification of Bidders Except as noted below, pre - qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover. The Department does not require the Contractor to be pre - qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre - qualified bidder to have under contract at any one time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FDOT pre - qualified. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a) A bid on a contract to provide any goods or services to a public entity. (b) A bid on a contract with a public entity for the construction or repair of a public building or public work. (c) Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3 -5. Contract Bond Required General Requirements of the Bond: Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Department. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. Version 2011-0 la 05 -01 -2011 Page 43 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non - critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14 -22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and will be REJECTED. Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the Department throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory then the Department any require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department. In such an event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor: In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract. Surety to Furnish Legal Defense: The surety company shall indemnify and provide dense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful or Criminal Act by Contractor: The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees. Execution of Contract and Bond Within twenty (20) days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7 -13 to the Department's Contract Office that awarded the Contract. For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in properly executed form, the Version 2011 -01a 05 -01 -2011 Page 44 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" Department will deduct one day from the Allowable Contract Time as specified in 8 -7.1. The Department will not be bound by any proposal until it executes the associated Contract. The Department will execute the Contract and bond in the manner stipulated in 2 -5.1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor. Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3 -5 and 3 -6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the next lowest responsible bidder, re- advertise, or accomplish the work using day labor. 3. Buy America and Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines) Source of Supply Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coasting stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres- stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporated into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in die Untied States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) -a statement that the product entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 4. Change Orders Version 2011 -01a 05 -01 -2011 Page 45 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossini" See Design Build Terms and Conditions see Exhibit F Changes in the Work See attached contract section pages. 5. Claims See Design Build Terms and Conditions see Exhibit F Dispute Resolution See attached contract section pages. 6. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. 7. Suspension and Debarment (Collier County Purchasing Policy) The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor ". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no to contendere. Debarment means action taken by the County to exclude a contractor from County contracting and County - approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing /General Services Director (hereinafter referred to as "the PGS Director') to temporarily disqual ijy a contractor from County contracting or County- approved subcontracting. Version 2011 -01a 05 -01 -2011 Page 46 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Suspension: The Purchasing /General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXXIX. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing /General Services Director shall be considered final and conclusive with no right of appeal. Debarment: Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers, d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be as serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verb whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee') consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular Version 2011-0 la 05 -01 -2011 Page 47 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non - voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non - responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole Trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall be the debarment period exceeds five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1) Newly discovered material evidence; 2) A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3) Bona fide change in ownership or management; 4) Elimination of other causes for which the debarment was imposed; or 5) Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred Version 2011-0 la 05 -01 -2011 Page 48 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall note all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contracts) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity /services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre- existing terms of the committee's decision. Version 2011 -01a 05- 01- 2011 Page 49 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension ") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and /or suspend/debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing /General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Version 201 I- 01a;05 -01 -2011 Page 50 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Name of Business Authorized Signature(s) Date 8. Disadvantaged Business Enterprises (DBE) (Florida Department of Transportation Guidelines) General: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department (FDOT) approves the plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Required Contract and Subcontract DBE Assurance Language: Per 49 CFR 26.13 (b) each Contract FDOT signs with a Contractor (and each subcontract the prime contractor signs with a subcontractor) must included the following assurance: "The Contractor, sub - recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: (a) A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibility, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization. (b) The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to -day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the FDOT. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the FDOT. DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre - Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the FDOT's Website, actual payments, (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instruction on accessing this system. Develop a record keeping Version 2011 -01a 0501 - 2011 Page 51 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" system to monitor DBE affirmative action efforts which include the following: (a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on FDOT projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; (e) a description of the general categories of Contracts awarded to DBEs; and (f) the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the FDOT for review. All such records are required to be maintained for a period of five years following acceptance of final payment and have them available for inspection by the FDOT and the Federal Highway Administration. Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation State to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: (a) The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted ad DBE credit. (b) The Department will count the entire amount of fees or commissions changed by the DBE firm for providing bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department - assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. (c) When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. (d) When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. (e) The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. (f) A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (g) To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work and other relevant factors. (h) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. (i) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Version 2011 -01a 05 -01 -2011 Page 52 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing 9. On -The Job Training Requirements As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide on- the -job training aimed at developing full journeymen in the type(s) of trade or job classification(s) involved in the work. In the event the Contractor subcontracts a portion of the contract work, he /she shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. The Contractor shall apply the requirements of this Section to such subcontract. Where feasible, 25% of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at the Post - Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: (1) Determine the number of trainees on Federal Aid Contract: (a) No trainees will be required for contracts with a contract time allowance of less than 225 calendar days.. (b) If the contract time allowance is 225 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required Under $1,000,000 0 Over $1,000,000 to $4,000,000 2 Over $4000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 Over $31,000,000 to $37,000,000 13 Over $37,000,000 to $43,000,000 14 Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 Over $87,000,000 to $93,000,000 22 Over $93,000,000 to $99,000,000 23 Over $99,000,000 to $105,000,000 24 Over $105,000,000 to $112,000,000 25 Over $112,000,000 to $1,18,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,000,000 to $130,000,000 28 Over $130,000,000* *One additional trainee per $6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's Version 2011 -01a 0501 -20'11 Page 53 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" District Contract Compliance Manager will attend this meeting. Within ten days after the Post - Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On -The Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the contract time during which training of each trainee is to take place. This schedule may be subject to change if the following occur: 1. When a start date on the approved On- The -Job Training Schedule has been missed by 14 or more days; 2. When there is a change(s) in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Full credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked" trainee" is described as an employee who has been trained on a project, over and above the established goal and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Full credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification for significant period and completes his /her training on this Contract. 3. Full credit will be allowed for each trainee who, due to the amount of work available in his /her classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Full credit will be allowed for any training position indicated in the approved On -The- Job Training Schedule, if the Contractor can demonstrate that he /she has made his /her a good faith effort to provide training in that classification. 5. No credit will be allowed for trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. The Contractor shall, as far as is practical, comply with the time frames established in the approved On- The -Job Training Schedule. When this proves to be impractical, a revised schedule shall be submitted and approved as provided above. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non - minority male is enrolled into On- The -Job Training, the On -The- Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended and shall not be used, to discriminate against any applicant for training, whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which he /she has successfully completed a training course leading to journeyman status, has been employed as a journeyman, or had had extensive experience in the classification being considered for training. The Contractor shall satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be established at the Post - Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training Version 2011 -01a 05 -41 -2011 Page 54 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: Trainee Enrollment and Personnel Action form Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the contractor and the Department; and, A letter stating that the trainee has sufficiently progressed in the craft and is being promoted to journeyman status. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training or with a State Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On- The -Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk- typists or secretarial type positions. Training is permissible in positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Credit for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees are concurrently employed on a Federal Aid Project; contributes to the cost of the training, provides the instruction to the trainee and pays the trainee's wages during the offsite training period. No credit shall be given to the Contractor if either the failure to provide the required training, or the failure to hire the trainee as a journeyman for a period ample enough to allow the Version 2011 -01a 05 -01- 2011 Page 55 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" employee time to gain experience in the training classification or failure to continue training the employee time to gain experience in the training classifications is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Section. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. This compensation rate will be increased to the journeyman's wage for that classification upon graduation from the training program. The Contractor shall furnish the trainee a copy of the program he will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District contract Compliance Manager a copy of an On- The -Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following occurs: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub - phases of the number of hours devoted to each. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, Timekeeper, trainees will not be approved for the On- The -Job Training Program. Painters, Electricians and Mechanics are identified as crafts under - utilized by minorities. All training classifications except Laborers are identified as under - utilized by females. Priority selection should also include those crafts under - utilized and /or void of minorities and /or female by the particular company's workforce. If the Contractor does not select a training classification that has been targeted as an under- utilized craft, and those classifications can be used for the selection of training for this project, the On- The -Job Training Schedule will not be approved unless written justification for exceptions is attached. 10. Equal Employment Opportunity (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards Equal Employment Opportunity Requirements: Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex, or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color Version 2011 -01a 05 -01 -2011 Page 56 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and /or on-the-job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer) who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees the notation "An Equal Opportunity Employer ". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. 4. Investigate all complaints of alleged discrimination made in connect with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: Version 2011 -01a 05 -01 -2011 Page 57 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 1. The number of minority and non - minority group members employed in each work classification on the project. 2. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their work force). 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. 4. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Feral Highway Administration. Upon request, submit to the Department a report of the number of minority and non - minority group employees currently engaged in each work classification required by the Contract work. Executive Order 11246, As Amended Executive Order 11246 -Equal Employment Opportunity SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964 -1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I- Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, `69, 34 FR 12985, 3 CFR, 1966 -1970 Comp., p. 803] Part II- Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A- Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B- Contractor's Agreements Sec. 202. Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered Version 201 I -01a 05 -01 -2011, Page 58 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" into the following provisions: During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. [Sec. 202 amended Version 2011 -01a 05-01-2011 Page 59 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966 -1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 203. (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contract or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agencies practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR, 10966 -1970 Comp., p. 684; EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. Version 2011 -01a 05 -0 1 -2011 Page 60 of 112 Request for Proposal 11 -5 695 "Design -Build Immokalee Road Wildlife Crossing" (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders (1) whenever work is to be or has been performed outside the United Sates and no recruitment of workers within the limits of the United States is invoiced; (2)_ for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposed of this Order: and provide further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec. 204 amended by EO 13279 of December 9, 2002 67 FR 77141, e CFR, 2002 Comp., p. 77141 - 77144] Part C- Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 206 (a) The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified I Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5mm 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 207 The Secretary of Labor shall use his/her best efforts, directly and through interested Version 2011 -01a 05-01 -2011 Page 61 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. Subpart D- Sanctions and Penalties Sec 209 In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act o 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. Version 201',1 -01a 05- 01- 2011 Page 62 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non - complying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty (30) days, the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E- Certificates of Merit Sec 213 The Secretary of labor may provide for issuance of a United States Government Version 2011 -01a 05 -01 -2011 Page 63 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. Sec 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. Sec 215 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III — Nondiscrimination Provisions in Federally Assisted Construction Contracts Sec 301 Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to Part Il, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 302 (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the Version 2011 -01a 05 -01 -2011 Page 64 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he /she becomes a recipient of such Federal assistance. See 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] See 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitation prescribed in Section 602 thereof and the regulations of the administering department of agency issued thereunder. Part IV Miscellaneous See 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. Version 2011 -01a 05 -01 -2011 Page 65 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" [Sec 401 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] See 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." See 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby superseded and the President's Committee On Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee o Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec 403 amended by EO 12107 of December 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p 264] See 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. See 405 This Order shall become effective thirty (30) days after the date of this Order. 11. Equipment Rental Rates (8 -1 Florida Department of Transportation Guidelines) The limitations set forth in 8 -1, concerning the amount of work that may be sublet, do not apply to work performed by equipment rental agreement. However, for any work proposed to be performed by equipment rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non - operated basis. Include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non - operated basis are operators are subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on a non - operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. Version 2011 -01a 05-01-2011 Page 66 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossiniz" When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate /176 x Adjustment Factors x 100 %. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100 %. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50 %. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. 12. Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards) For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all manufacturing process for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending an coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the Version 2011 -01a 05- 01- 2011 Page 67 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 63 5.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 13. Incentive/Disincentive Clauses (Project Specific) Provision excluded from this contract. 14. Indian Preference On Federal -aid Projects (Labor & Employment) Provision excluded from this contract. 15. FHWA Form 1273 (Florida Department of Transportation Policy) Required Contract Provisions Federal -Aid Construction Contracts REQUIREMENTS FOR FEDERAL JOBS — COMPLIANCE WITH FHWA 1273 The FHWA -1273 Electronic version, dated March 10, 1994 is posted on the Department of Transportation's website at the following URL address www. dot. state .fl.us /specificationsoffice/ Implemented /URLinspecs /files /dfl273.pdf . Take responsibility to obtain this information and comply with all requirements posted on this website through five calendar days before the opening of bids. Comply with the provisions contained in FHWA -1273 and certify monthly compliance with the EEO provisions of FHWA -1273 (Section II. Nondiscrimination and Section III. Non - segregated Facilities). In addition to the requirements of FHWA -1273, Section V, No. 2(b), include gender and race in the weekly annotated payroll records. Federal Regulations (29 CFR 3.5) states that Social Security numbers and address of employees shall not be included on submitted payrolls for contracts let after January 18, 2009. In lieu of Social Security number, an employee identifying number must be listed. The employer may use the last four digits of the Social Security number or another assigned number as the employee identifying number. Version 2011 -01a 05 -41 -2011: Page 68 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 16. Liquidated Damages See Design Build Terms and Conditions see Exhibit F Contract Time and Liquidated Damages. See attached contract section pages. 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification (Florida Department of Transportation Policy) "The undersigned hereby certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or in- directly an officer or employees of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewals, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -L "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by section 1352, title 31, US Code. Any person(s) who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." 19. Award and Execution of Contract (Method of Construction or Method of Bidding). Method of Source Selection The County is using the Design Build Adjusted Score methodology of source selection for this procurement. Version 2011 -01a 05 -01- 2011 Page 69 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 20. Non - Collusion Provision (Florida Department of Transportation Guidelines) The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non - responsive and not eligible for ward consideration. 21. Owner Force Account /Cost - Effective Justification Provision excluded from this contract 22. Patented /Proprietary Materials The Owner certifies that neither patented or proprietary materials are required or specifically named in the specifications to be used for this project. Version 2011 -01a 05 -01- 2011 Page 70 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" 23. Prevailing Minimum Wage For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract is listed in Wage Rate Decision Number(s) FL310, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the United States Department of Labor website (www.wdol.gov) and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. General Decision Number: FL100310 11/18/2011 FL310 Superseded General Decision Number: FL20080310 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 11/18/2011 * ELEC0349 -008 09/05/2011 Rates Fringes ELECTRICIAN ......................$ 27.15 8.64 ---------------------------------------------------------------- SUFL2009 -207 08/05/2009 Rates Fringes CARPENTER ........................0 15.30 2.54 CEMENT MASON /CONCRETE FINISHER ... $ 12.30 0.00 HIGHWAY /PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 11.97 2.23 HIGHWAY /PARKING LOT STRIPING: Painter .........................$ 13.31 0.00 IRONWORKER, REINFORCING .......... $ 14.50 1.37 IRONWORKER, STRUCTURAL ........... $ 16.75 3.88 LABORER: Asphalt Shoveler ....... $ 10.70 0.00 LABORER: Common or General......$ 10.19 1.55 LABORER: Flagger ................$ 12.75 0.00 LABORER: Grade Checker .......... $ 10.50 0.55 LABORER: Landscape and Irrigation .......................$ 8.77 0.00 LABORER: Luteman ................$ 10.32 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.00 1.80 LABORER: Pipelayer ..............$ 11.63 2.65 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws ........ $ 11.23 1.96 OPERATOR: Asphalt Paver ......... $ 11.52 0.00 OPERATOR: Asphalt Plant ......... $ 12.20 0.00 OPERATOR: Asphalt Spreader ...... $ 10.76 0.00 OPERATOR: Auger .................$ 19.40 0.44 OPERATOR: Backhoe Loader Combo ............................$ 15.33 0.97 OPERATOR: Backhoe /Excavator ..... $ 15.50 2.28 OPERATOR: Boom ..................$ 16.61 0.00 Version 2011 -01a 05-01 -2011 Page 71 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" OPERATOR: Bulldozer .............$ 13.71 1.55 OPERATOR: Crane .................$ 19.94 1.37 http: / /www.wdol. gov /wdol/ scafiles /davisbacon/FL310.dvb[12 /15/2011 10:40:04 AM] OPERATOR: Distributor ........... $ 11.47 0.00 OPERATOR: Drill .................$ 13.00 1.59 OPERATOR: Grader/Blade .......... $ 14.32 0.00 OPERATOR: Loader ................$ 12.83 1.29 OPERATOR: Mechanic ..............$ 16.31 1.37 OPERATOR: Milling Machine ....... $ 11.92 0.00 OPERATOR: Oiler .................$ 11.92 1.91 OPERATOR: Paver .................$ 12.42 0.86 OPERATOR: Piledriver ............ $ 15.59 4.00 OPERATOR: Roller ................$ 11.14 0.00 OPERATOR: Scraper ...............$ 10.70 1.60 OPERATOR: Screed ................$ 10.82 0.00 OPERATOR: Tractor ...............$ 12.78 0.00 OPERATOR: Trencher ..............$ 13.41 0.49 PAINTER: Spray and Steel ......... $ 16.62 0.00 TRUCK DRIVER: 10 Yard Haul Away Truck .......................$ 12.50 0.00 TRUCK DRIVER: Distributor ....... $ 11.30 2.26 TRUCK DRIVER: Dump Truck ........ $ 10.05 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 14.05 0.00 TRUCK DRIVER: Material Truck .... $ 12.76 9.80 TRUCK DRIVER: Tractor Haul Truck ............................$ 10.64 0.00 TRUCK DRIVER: Water Truck ....... $ 10.50 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------- - - - - -- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------- - - - - -- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination http: / /www.wdol. gov /wdol/ scafiles /davisbacon[FL3IO.dvb[12 /15/2011 10:40:04 AM] • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling Version 2011 -01a 05 -01 -2011 Page 72 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossing" On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination Version 2011 -01a 05 -01 -2011 Page 73 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. Version 2011 -01a 05 -01 -2011 Page 74 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossine" With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 24. Progress Payments See Design Build Terms and Conditions see Exhibit F Progress Payments See attached contract section pages. 25. Prohibition Against Convict Produced Materials (Florida Department of Transportation Guidelines) Source of Supply- Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, b convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor Version 201 1 - 01a 05-01-2011 Page 75 of 112 Request for Proposal 11 -5695 Mesi n -Build Immokalee Road Wildlife Crossing" for use in Federal -aid highway construction projects to: (1) materials produced by convicts o parole, supervised release, or probation from a prison or, (2) materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 26. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with or bid on construction projects against the private sector. 27. Publicly -Owned Equipment The County does not allow Contractors the use of publicly owned equipment. 28. Salvage Credits Provision excluded from this contract. 29. Standardized Changes Conditions Contract Clauses Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and /or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as Version 2011 -01a 05 -01 -2011 Page 76 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. Standard Specifications and Plans See Exhibit M, Plans and Specifications, Collier County Contract 30. State (Florida or other) produced Materials Provision are excluded from this contract. 31. State/Local Owned/Furnished/Designated Materials Provisions are excluded from this contract. All materials required for this project shall be furnished by the contractor. Projects located on the National Highway Version 2011 -01a 0501 -2011 Page 77 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" System shall require FHWA approval for direct purchase of materials. 32. Subcontracts 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. A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 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. Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of Version 2011 -01a 05 -01 -2011 Page 78 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 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. Each Subcontractor performing work at the Project Site must agree to provide field (on- site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 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. 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. 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. 33. Termination of Contract See Design Build Terms and Conditions, Section 17 -18 Termination for Cause and Convenience See attached contract section pages. Version 2011 -01a 05 -01- 2011', Page 79 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 34. Contract Time and Extensions 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. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 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. 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. 35. E- Verify Per Executive Order No. 11 -02, signed by the Governor of Florida requires all state agency contracts to include a requirement that consultants and sub consultants, contractors and subcontractors use E- Verify. The Website for E- Verify is: http: / /www.uscis.gov/e- verify Vendor /Contractor; 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Version 2011 -01a 05 -01- 2011 Page 80 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 36. TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6) The Sub - recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d -7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in Federally - assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. While performing this contract, the contractor - for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor ") - agrees to the following: 1. Compliance with Regulations: The contractor will comply with the Regulations on nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation ( "USDOT ") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor will not discriminate on the grounds of race, color, or national origin in the selection and holding of subcontractors. This includes obtaining materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, the contractor will inform each potential subcontractor or supplier of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The solicitations includes obtaining materials or leases of equipment, 4. Information and Reports: The contractor will provide all information and reports required by the Regulations or directives. It will also permit access to its books, records, accounts, other sources of information, and its facilities that are determined by the (Recipient) or the (Name of Appropriate Administration) to be important to ensure compliance with such Regulations, orders and instructions. In some cases, another entity possesses the information required of a contractor and refuses to give the information. Here, the contractor will confirm the lack of information with the (Recipient), or the (Name of the Administration) as appropriate, and will explain its efforts to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, the (Recipient) should enforce contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate. Sanctions may include, but are not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and /or b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor should include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor will take action with on any subcontract or procurement that the (Recipient) or the (Name of Appropriate Administration) directs in order to enforce provisions including sanctions for non - compliance. However, if a contractor becomes Version2011- 01a -05 -01 -2011 Page 81 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the contractor may ask the (Recipient) to enter into such litigation to protect the interests of the (Recipient). Also, the contractor may ask the United States to enter into such litigation to protect the interests of the United States. Version 2011 -01a 05 -01 -201'1 Page 82 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossini" EXHIBIT E PRICE PROPOSAL FORM Price Proposal to be included in a Separate envelope clearly marked Price Proposal RFP 11 -5695) on the date specified in the RFP. The price proposal shall not be submitted with the Technical Proposal. Total Cost to Design /Build Wildlife Crossing $ Version 201'1 -01a 05- 01- 2011'. Page 83 of 112 0 im E RNM Quality Enterprises USA, Inc. Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT E PRICE PROPOSAL FORM Price Proposal to be included in a Separate envelope clearly marked Price Proposal RFP 11 -5695) on the date specified in the RFP. The price proposal shall not be submitted with the Technical Proposal. Total Cost to Design /Build Wildlife Crossing $ 864.500.00 Proposed calendar days for completion: 381 Version ;2011 -01a 05 -01'' -2011. Page 83 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" EXHIBIT F DESIGN -BUILD AGREEMENT between Collier County Florida and Firm Name dated 200 "Title of Contract" Version 2011 -01a 05 -01 -2011 Page 84 of 112 Request for Proposal 11 -5695 "Desiizn-Build Immokalee Road Wildlife Crossing" DESIGN -BUILD AGREEMENT This Agreement is made this day of , 200_ between Name of Firm, a State Name corporation, authorized to do business in the State of Florida (hereinafter called "CONTRACTOR "), whose business address is Address of Firm and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter called the "OWNER. ") 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 CONTRACTOR shall perform, or arrange for the performance of those architectural, engineering, surveying, hydrogeological, soils testing, procurement and construction, start -up, testing, training and warranty services ( "the Work ") necessary in connection with the design and construction of the OWNER's project (the "Project "). These services shall be as described in Exhibit A — "Project Scope and Services ", and this Article 1, including but not limited to, all labor, services, materials and equipment as may be required to complete the Work in compliance with the Contract Documents. . 1.2 Design Professional Services 1.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering surveying, hydrogeological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A- Project Scope and Services, and this Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 1.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit M to provide all required professional design services for the Project ( "Design Professionals "). All changes to the list of Design Professionals set forth in attached Exhibit M must be approved in advance and in writing by OWNER. 1.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and, following the meeting, OWNER shall review and approve the interim design submissions. 1.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall Version 2011- 01a;05 -01' -2011 Page 85 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 1.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project, as noted in the Scope of Work. 1.3 Construction Services 1.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide to itself or duly licensed and qualified subCONTRACTORs the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described in Exhibit A- Project Scope and Services, and this Article 1. 1.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 1.3.3 CONTRACTOR shall coordinate the activities of all SubCONTRACTORs. If OWNER performs other work on the Project or at the site with separate CONTRACTORS under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTORS so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 1.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction wastes, materials, Version 2011 -01a 05 -01 -2011 Page 86 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 1.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 1.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. 2. OWNER'S RESPONSIBILITIES 2.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information, i.e., record as -built drawings and legal site descriptions if they are available, the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 2.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subCONTRACTORs, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subCONTRACTORs, reasonable access to the site. 2.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve Version 201I -01a 05 -01 -2011 Page 87 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 2.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 2.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subCONTRACTORs, with particular reference to utilities and hazardous substances or conditions. 2.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes, tanks, cables and utilities as known to OWNER. 2.7 OWNER shall, within seven (7) days of occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 2.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in the Scope of Work, Exhibit A. OWNER will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR cannot obtain. NOTE: Because Design -Build projects differ depending on the department, please use the Insurance requirements that are appropriate to the project needs. Risk Management has developed several different formats. 3. INSURANCE REQUIREMENTS 3.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: 3.1.1 Workers' Compensation as required by the state where the Work is to be performed including Employer's Liability; Commercial General Liability including Contractual Liability and Explosion, Collapse and Underground, Comprehensive Automobile Liability, including Owned, Non -owned and Hired Vehicles. 3.1.2 Limits of Liability Provided: Version 2011 -01a 05 -01 -2011 Page 88 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" (a) Workers' Compensation in the statutory limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of $1,000,000 each accident. b) Commercial General Liability: Bodily injury - $1,000,000 per person, $1,000,000 each occurrence. Property damage - $1,000,000 per occurrence; Annual aggregate for all claims of $2,000,000. C) Automobile Liability - Combined Single Limit $1,000,000 all autos. d) Excess Umbrella - $ 1,000,000. e) Professional Errors and Omissions - $1,000,000 per claim. 3.2 (Vertical Construction) The OWNER shall procure and maintain property insurance upon the entire Project to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents 3.3 OWNER and CONTRACTOR waive against each other and OWNER's separate 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. 3.4 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.5 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 this Article 3, and Exhibit B (if required) , with certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 3.6 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. 3.7 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Version 2011 -01a 05 -01 -2011 Page 89 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossine" Collier County Board of County Commissioners Naples, Florida 3.8 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be CONTRACTOR's sole responsibility. 3.9 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 3.10 The CONTRACTOR and /or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non - renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, ,within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 3.11 Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Version 2011 -01a 05 -01 -2011 Page 90 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossiny," Documents. 3.12 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. 4. INDEMNIFICATION 4.1 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, its Design Consultants, and its SubCONTRACTORs, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 4.2 The duty to defend under this Article 4 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 4 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. 5. CONSEQUENTIAL DAMAGES Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence), statute or strict liability. 6. LAWS AND REGULATIONS 6.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 6.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. Any suit or action brought by either party to this Agreement against the other Version 2011 -01a 05 -01 -2011 Page 91 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 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. 7. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subCONTRACTOR(s). 8. 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 amounts (herein "Contract Amount "), in accordance with the terms of this Agreement: A. Design Phase. For all Design Phase Services, including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, CONTRACTOR shall receive the fixed amount of $ ( "Design Phase Fee ") as the total lump sum compensation for all Design Phase Services. Said lump sum amount shall be paid in accordance with the Design Phase Compensation Schedule attached hereto as Exhibit C. B. Construction Phase. With respect to the Construction Phase Services to be provided by CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the Work (as that term is defined hereafter), a total lump sum Fee of $ ( "CONTRACTOR'S Fee) for the entire Construction Phase Services. Payment terms for this sum are described in 8.1 below. 8.1 Monthly Progress Payments — Construction Phase Services 8.1.1 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Prior to submitting its first monthly Application for Payment, CONTRACTOR shall submit to OWNER, for review and approval, a Risk Management Plan, Quality Assurance /Quality Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan, and a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the OWNER, 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 to the OWNER along with a completed copy of the Application for Payment form as prescribed in Exhibit D, signed by the CONTRACTOR's authorized representative and attached to the Agreement as Exhibit D - 1 8.1.2 If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location Version 201 I -01a 05 -01 -2011 Page 92 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" agreed to by the OWNER in writing, the Application for Payment shall also 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 subsequent 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 N. 8.1.3 CONTRACTOR shall submit four (4) copies of its monthly Application for Payment to the OWNER or his designee. The OWNER or his designee 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 contractual basis 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 shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the OWNER or his designee, the CONTRACTOR may make the necessary corrections and re- submit the Application for Payment. 8.1.4 OWNER shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved 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 throughout the course of the Project schedule. At the point at which the OWNER has expended fifty percent (50 %) of the total cost of construction services as defined by OWNER, OWNER shall reduce the amount of the retainage withheld on each subsequent payment request to five percent (5 %) subject to the guidelines set forth in Florida Statute 255.078. 8.1.5 Monthly payments to the CONTRACTOR shall in no way imply approval or acceptance of CONTRACTOR's work. 8.1.6 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all Version 2011 -01a 05 -01 -2011 Page 93 of 112- Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" payments subsequent to the first payment, the OWNER shall not be required to make payment until and unless these affidavits are furnished by the CONTRACTOR. 8.1.7 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 OWNER'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 the CONTRACTOR as set forth in the approved Project Funding Schedule. 8.1.8 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. 8.2 Payments Withheld 8.2.1 The OWNER may decline to approve any Application for Payment, or portions thereof, because of evidence or inspections that reveal non - compliance with the contract documents. The OWNER 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, to such extent as may be necessary in the OWNER's reasonable opinion to protect it from loss because of any of the following: (a) defective Work not remedied; (b) third party claims actually filed for which CONTRACTOR is required to indemnify OWNER; (c) failure of CONTRACTOR to make payment properly to subCONTRACTORs or for labor, materials or equipment not caused by the failure of the OWNER to make payments to the CONTRACTOR in a timely manner as provided herein; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time, except as provided in Article 15 of this Agreement; (f) unsatisfactory prosecution of the Work by the CONTRACTOR; or (g) any other material breach of the Contract Documents. 8.2.2 If the CONTRACTOR has not remedied or cured or commenced reasonable actions to remedy or cure the conditions described in 8.2.1. not later than receipt of seven (7) calendar days prior written notice OWNER may rectify the same at CONTRACTOR's expense. OWNER also may offset against any sums due CONTRACTOR the amount of any liquidated or non - liquidated obligations of CONTRACTOR to OWNER, whether relating to or arising out of this Agreement. 8.3 Final Payment 8.3.1 OWNER shall make final payment to CONTRACTOR within thirty (30) calendar days after the Work is finally inspected and accepted by the OWNER in accordance with Article 8.4 herein. Neither the final payment nor the retainage shall become due and payable until Version 2011 -01a 05 -01- 2011 Page 94 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" CONTRACTOR submits: (1) Receipt of CONTRACTOR's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit E. (3) Consent of surety to final payment. (4) Receipt of the final payment check list in the form attached as Exhibit H. (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. (6) OWNER reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the OWNER is completely satisfied, neither the final payment nor the retainage shall become due and payable. 8.3.2 CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims for payment of compensation hereunder by CONTRACTOR against OWNER ,except those previously made in writing and identified by CONTRACTOR as unsettled at the time of the 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 OWNER at the time of final inspection. 8.4 Substantial Completion 8.4.1 CONTRACTOR shall notify OWNER or his designee, when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of OWNER's receipt of CONTRACTOR's notice, OWNER and CONTRACTOR will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If OWNER agrees in its reasonable discretion that such Work is substantially complete, OWNER shall prepare and issue a Certificate of Substantial Completion attached as Exhibit G. that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing OWNER's and CONTRACTOR's responsibility for the Project's security, maintenance, utilities and insurance pending final payment and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 8.4.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 8.4.3 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 8.4.1 above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. Version 201 I -01a 05 -01 -2011 Page 95 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 8.5 Contract Time and Liquidated Damages 8.5.1 Time is of the essence in the performance of the Work under this Agreement. Because the Work is to be completed in two phases (i.e. Design Phase and Construction Phase), the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR agrees to provide the Design Phase Services in accordance with the design schedule attached hereto as Exhibit C. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 8.5.2 With respect to the Construction Phase Services, Exhibit I shall include the date that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTOR. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Construction Phase of the Work within five (5) calendar days from receipt of the notice of the Construction Phase Commencement Date. That Substantial Completion date shall be established in terms of calendar days after the Construction Phase Commencement Date. 8.5.3 The Work shall be substantially completed within (write out in words) calendar days from the Construction Phase Commencement Date. The date of substantial completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which it is intended. 8.5.4 The work shall reach final completion and be ready for final acceptance by OWNER within (write out in word) U calendar days from the Construction Phase Commencement Date (herein "Contract Time "). 8.5.5 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, S (write out in words) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the CONTRACTOR fails to Version 2011 -01a 05 -01 -2011 Page 96 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 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 OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 8.5.6 CONTRACTOR agrees to promptly pay any and all fines and/or penalties that may be imposed upon Collier County by the State of Florida and /or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and /or otherwise dispute any and all such fines and /or penalties should any be threatened to be imposed 8.5.7 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. 8.5.8 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the 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 Article Eight herein. 8.5.9 When any period of time is referenced herein by "days ", the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government Version 2011 -01a 05- 01- 2011 Page 97 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" of Collier County recognizes that holiday by giving that day off from work by most of its employees or the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 8.5. 10 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days." 8.5.11 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 /or 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. 8.5.12 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 damages due under this Agreement in OWNER's sole discretion. 8.5.13 Notwithstanding anything herein to the contrary, The OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 8.5.14 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's performance of the work due to any unreasonable action or delay on the part of the OWNER. 8.5.15 The OWNER considers the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 8.5.16 Recovery of Damages Suffered by Third Parties. CONTRACTOR shall be Gable 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. 9. CHANGES IN THE WORK. 9.1. OWNER shall have the right at any time during the progress of the Work to increase or decrease the Work Promptly after being notified of a change, CONTRACTOR shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon mutual written agreement of the parties, 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. 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 Design Builder 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. Version 2011 -01a 05 -01 -2011 Page 98 of 112 Request for Proposal 11 -5695 . "Desien -Build Immokalee Road Wildlife Crossing" 9.2. A Change Order, in the form attached as Exhibit F 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. 9.3. 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 the forms attached as Exhibit F -1. 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 and in strict compliance with Section 10 of these General Conditions or else be deemed to have waived any claims with regard to that adjustment or those adjustments. 9.4 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 labor and material costs and reasonable actual equipment costs as a direct result of the change (including allowance for labor overhead costs) plus a maximum ten percent (10 %) markup for profit, provided also that the respective increase(s) (including those below as to SubCONTRACTORs, etc.,) would not have been incurred but for those specific change(s). 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. 9.5 OWNER shall have the right to conduct an audit of CONTRACTOR's books and records to verify the accuracy of the CONTRACTOR's claim(s) with respect to CONTRACTOR's costs associated with any Change Order. The OWNER 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 that is not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the CONTRACTOR. 9.6 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. 10. DISPUTE RESOLUTION 10.1 A 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. 10.2 Claims by the CONTRACTOR shall be made in writing to the Project Manager within forty-eight (48) hours from when the Design Builder knew or should have known of the event giving rise to such Claim or else the Design Builder 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. 10.3 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 pending resolution of any Claim. 10.4 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 CONTRACTOR 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 Version 2011- 01a_05 -01 -2011 Page 99 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 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 CONTRACTOR 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. 11. ASSIGNMENT CONTRACTOR shall not assign this Agreement or any part thereof without prior expressed written consent of OWNER, which shall not be unreasonably withheld. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without such 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. 12. HAZARDOUS CONDITIONS 12.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 12.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 12.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi - government entities having jurisdiction over the Project or site. 12.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and /or Contract Time(s) to the extent CONTRACTOR's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 13. DIFFERING SITE CONDITIONS 13.1 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of Version 2011 -01a 05-01 -2011 Page 100 of 112 Request for Proposal 11 -5695 "Design-Build Immokalee Road Wildlife Crossiniz" the character provided for in the Contract Documents, and which reasonably should not have been discovered by CONTRACTOR as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then CONTRACTOR shall provide OWNER with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. OWNER and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will acknowledge and agree to an equitable adjustment to CONTRACTOR's compensation or time for performance, or both, for such Work. If OWNER determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by CONTRACTOR as part of its investigative services, and that no change in the terms of the Agreement is justified, OWNER shall so notify CONTRACTOR in writing, stating its reasons. Claims by CONTRACTOR in opposition to such determination by OWNER must be made within seven (7) calendar days after CONTRACTOR's receipt of OWNER's written determination notice. If OWNER and CONTRACTOR cannot agree on an adjustment to CONTRACTOR's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 14. PERFORMANCE OF WORK AND REMEDY 14.1 CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subCONTRACTOR(s) by any material men supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to OWNER that any materials and equipment furnished under the Contract Documents shall be new except to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrant to OWNER that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from OWNER. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Work, which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. 14.2. No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other 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 County to Version 2011- 01a 05 -01 -2011 Page 101 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 15. disqualify the CONTRACTOR from future County bid opportunities. FORCE MAJEURE 15.1 Not withstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force majeure, by any act of CONTRACTOR, of OWNER or a third party, by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided, however, that the delay would not have occurred but for the act or the force majeure. 15.2 In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove, to carry out its obligation under this Agreement, other than its obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five (5) business days of discovery of the act or force majeure. Following such notice, the effective obligations of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. 15.3 The term "force majeure" as employed herein shall mean acts of Nature, acts of public enemy, war, blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, storm, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) and/or any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. 16. CHANGE IN LAW CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a) the enactment, adoption, promulgation, modification, repeal, or formal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order, decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity, if the issuance or modification of any such order, decree, or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, permit or approval, or the imposition of a term, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result of CONTRACTOR's negligent or willful action or failure to act. 17. TERMINATION FOR CAUSE Version 2011 -01a 05 -01 -2011 Page 102 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 17.1. 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: either fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager, or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable; or (4) discontinues prosecution of the Work; or (5) fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. Termination of the Agreement pursuant to subparagraphs (6) and (7) herein is allowed to the extent not prohibited by then applicable law. 17.2. OWNER shall notify CONTRACTOR in writing of CONTRACTOR's default(s). If OWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against 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 may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means, method or agency which OWNER, in its sole discretion, may choose. 17.3. 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 reasonable attorneys' fees, including appeals) 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, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. 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 with such interest 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 OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4. The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by OWNER in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5. 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 CONTRACTOR's remedies against OWNER shall include all costs and expenses incurred by the CONTRACTOR as a result of the OWNER's actions, including reasonable attorney's fees. 17.6. The OWNER shall use all reasonable and diligent, good faith efforts to mitigate any of its damages against the CONTRACTOR. 18. TERMINATION FOR CONVENIENCE 18.1. 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. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five (5) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, Version 2011 -01a 05- 01- 2011 Page 103 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 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. If the aggregate suspension is more than thirty (30) calendar days, the CONTRACTOR be entitled to a reasonable extension of time and additional compensation. Provided, however, if the ordered suspension exceeds six (6) months, the CONTRACTOR shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 19. PERFORMANCE BOND AND PAYMENT BOND 19.1 CONTRACTOR shall provide Performance and Payment Bonds, in the forms prescribed in Exhibit J, in the amount of 100% of the Contract Amount, the costs of which to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to OWNER, provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms. treas .gov /c570 /c570.htmlgcertified. Moreover, 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. Should the contract amount be less than $500,000, the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 19.2 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 fourteen (14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 19.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder 20. TITLE TO WASTE At no time will CONTRACTOR take title, constructive or express, to any hazardous or toxic substance or constituent, to any waste, or to any asbestos or asbestos containing - materials. 21. SAMPLES Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of thirty (30) days after CONTRACTOR's submission of its report. NON - HAZARDOUS SAMPLES. At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after Version 2011 -01a 05 -01 -2011: Page 104 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 22. submission of CONTRACTOR's report free of storage charges. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for fmal disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. DOCUMENTS 22.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 22.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONTRACTOR under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 22.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed, or longer where required by law. 22.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges Version 2011 -01a 05.01 -2011: Page 105 of 112 Request for Proposal 11 -5695 Mesi n -Build Immokalee Road Wildlife Crossing" 23. OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. CONFIDENTIALITY 23.1 CONTRACTOR shall treat as confidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes, products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees, agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 23.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a. Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees, agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; c. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR; or e. Was required to be disclosed by law. Provided, however, CONTRACTOR shall not release, or cause or allow the release of, information to the communications media, except as required by law, concerning the existence or terms of this Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two (2) years from the completion of Services. 24. SEVERABILITY In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 25. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Version 2011 -01a 05 -01 -2011 Page 106 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Agreement. 26. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Project Scope and Services Exhibit B: Insurance Requirements Exhibit C: Design Phase Compensation Schedule Exhibit D -1: Application for Payment Form Exhibit D -2: Schedule of Values Exhibit E: Release and Affidavit Form Exhibit F -1: Change Order Form Exhibit F -2: Work Directive Change Exhibit G: Certificate of Substantial Completion Form Exhibit H: Final Payment Checklist Exhibit L• Construction Phase Schedule Exhibit J -1: Performance Bond Form Exhibit J -2: Payment Bond Form Exhibit K: Permits Exhibit L: Truth in Negotiation Certificate Exhibit M: List of Design Professionals Exhibit N: Stored Materials Record 27. NOTICES Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid, to the following addresses: CONTRACTOR OWNER Collier County Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 ATTN: Purchasing& General Services Director For the purposes of this Agreement, notices shall be deemed to have been received upon three (3) days time after posting of the written notice in the U.S. Mail. 28. DIRECT PURCHASE 28.1 The OWNER reserves the right to require CONTRACTOR to assign some or all of its agreements with material suppliers directly to the OWNER. Any such goods and/or materials purchased by the OWNER pursuant to such an assignment of a material supply agreement shall be referred to as "OWNER Furnished Materials" and the responsibilities of both the OWNER and the CONTRACTOR relating to said materials shall be governed by the terms and conditions of this Agreement which shall take precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. Version 201'1- 01a05 -01- 2011 Page 107 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" Additionally, the OWNER; at its sole option; may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the OWNER may require the following information from the CONTRACTOR: 1. Required quantities of material. 2. Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable 3. Pricing and availability of goods and /or materials provided under CONTRACTOR's agreements with material suppliers 28.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the OWNER's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 28.3 General Terms and Conditions A. CONTRACTOR shall be required to maintain records of all OWNER - furnished materials that it incorporates into the project from the stock of OWNER - furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1.) Been delivered into the CONTRACTOR's possession and /or 2.) been incorporated into the project. B. Notwithstanding the transfer of OWNER - furnished materials by the OWNER to the CONTRACTOR's possession, the OWNER shall retain legal and equitable title to any and all OWNER - furnished materials. C. The transfer of possession of OWNER - furnished materials from the OWNER to the CONTRACTOR shall constitute a bailment for the mutual benefit of the OWNER and the CONTRACTOR. The OWNER shall be considered the bailor, and the CONTRACTOR the bailee for the OWNER - furnished materials. OWNER - furnished materials shall be considered returned to the OWNER for purposes of their bailment at such time as they are incorporated into the Project. D. The OWNER shall purchase and maintain insurance sufficient to protect against any loss or damage to OWNER - furnished materials. Such insurance shall cover the Version 201'1 -01a 05 -01 -2011 Page 108 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" replacement cost of any OWNER - furnished materials not yet incorporated into the Project during the period between the time the OWNER first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The OWNER shall be liable for any interruption or delays in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, OWNER - furnished materials. F. Nothing herein contained shall create or be construed as creating a partnership between the OWNER and the CONTRACTOR or to constitute the CONTRACTOR as an agent of the OWNER. 29. CAPTIONS AND HEADINGS The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction or meaning of any provision of, or scope of intent of, this Agreement nor in any way affect this Agreement. 30. VENDOR PERFORMANCE EVALUATION Collier County 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 agreement. 31. TRUTH IN NEGOTIATION CERTIFICATE 32. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule L, certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONTRACTOR agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ENTIRE AGREEMENT 32.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third party beneficiary is anticipated or intended by this Agreement. Version 2011 -01a 05 -01 -2011 Page 109 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" 32.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders, Work Orders, or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the terms or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. 33. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Version 2011 -01a 05 -01 -2011 Page 110 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above and continuing for one year from that date unless terminated earlier by mutual agreement or as described herein: Name of Firm "CONTRACTOR" A TTL` Q T'. Approved As To Form and Legal Sufficiency: Scott R. Teach Deputy County Attorney ;RS OF Version 201 I-01a 05 -01 -2011 Page 111 of 112 Request for Proposal 11 -5695 "Design -Build Immokalee Road Wildlife Crossing" ADDENDUM TO FEDERAL CLAUSES Version 201:1 -0 1a 05 -01- 2011 Page 112 of 112 Supplemental Terms and Conditions — Exhibit D EEO Submittals and Requirements Federal Funded Highway Projects CFDA 20.205 A. PRIME Documents and Forms Due with Bid Package Form Number PRIME ar Sub Cer a1 .:'60 Lt n`e' c^J .t0 Disadvantage Business Enterprise (FDOTApproved ) .............Sample Plan ■ ❑ ❑ Equal Employment Opportunity Plan ............. .........................Sample Plan ■ ❑ ❑ EEO Notification Form .... ............................... ...........................275 - 021 -13 ■ ❑ ❑ Vehicle Registration ........ ............................... ...........................700 - 010 -52 ■ ❑ ❑ Bid Opportunity List ............................... ............................... ....275- 030 -10 ■ ❑ ❑ Declaration of Debarment ............................. ............................... Exhibit P ■ ❑ ❑ Certification of Sublet Work .......................... ...........................700 - 010 -36 ■ ❑ ❑ Anticipated DBE Statement ........................... ...........................275 - 030 -12 ■ ❑ ❑ Certification of Non - Segregated Facilities ........... .....................275 - 030 -13 ■ ❑ ❑ Prior to issuing a Notice To Proceed, the following submittals are required from the Prime and Subcontractors. Submittals due are based upon whether or not the value of the subcontract is above or below $10,000. Sub Over Sub Under B. PRIME and SUB Documents Due Prior to NTP Form Number PRIME $10.000 $10,000 Company EEO Equal Employment Opportunity Plan ............. .........................Sample Plan ❑ ■ ❑ EEO Notification Form .......... ............................... .....................275 - 021 -13 ❑ ■ ❑ Supervisors EEO Meeting .... ............................... ......................275 -021 -05 ■ ■ ❑ Laborers EEO Meeting .......... ............................... .....................275 - 021 -06 ■ ■ ❑ EEO Compliance Analysis Questionnaire ........... ............................... C -002 ■ ■ ❑ Contractors Recruitment Report ................... ...........................275 - 021 -21 ■ ■ ❑ Certification of Non - Segregated Facilities ..... ...........................275 - 030 -13 ❑ ■ ❑ Company Wide EEO Report ........................... ...........................275 - 021 -07 ■ ■ ❑ Statement of Pay Period / Pay Date ................... ............................... C -001 ■ ■ ■ Notice of Rental Agreement .......................... ...........................700 - 010 -11 ■ ■ ■ Temporary Employment Agency ................... ...........................275 - 021 -15 ■ ■ ■ Certification of Sublet Work .......................... ...........................700 - 010 -36 ■ ■ ■ Vehicle Registration ........ ............................... ...........................700 - 010 -52 ❑ ■ ❑ Proiect EEO Install Job Site Bulletin Board at project work site ...... ............................... ■ ❑ ❑ Additional Federal Wage Decision (if applicable) ....................700 - 010 -67 ■ ❑ ❑ Post EEO Officer Information on Job Site Bulletin Board......... 275- 020 -28 ■ ■ ❑ July EEO Report (if applicable ) ....................... ...........................275 - 021 -08 ■ ■ ❑ Subcontractor Agreement copy with federal provisions ........................... ❑ ■ ■ (including reference to the applicability of FHWA 1273 and prevailing wage decision as well as the attachment of these provisions to the subcontract) Supplemental Terms and Conditions — Exhibit D EEO Submittals and Requirements Federal Funded Highway Projects CFDA 20.205 Sub Over Sub Under C. Weekly PRIME and SUB Submittals During Proiect Form Number PRIME $10,000 $10,000 Certified Wage and Hour Statement ........................ Changes in DBEs .................... ............................... .... Changes in Sublets ...................... ............................... Changes in Rental Agreements ... ............................... Changes in Temp Labor .............. ............................... (Weekly) 700 - 010 -59 REVISED 275 - 030 -10 REVISED 700 - 010 -36 REVISED 700 - 010 -11 REVISED 275 - 021 -15 ■ ■ ■ ■ ■ ■ .. ❑ ■ ■ ■ ■ ❑ ■ ■ ■ ■ ■ Compliance with EEO Provisions ......................... .....................700 - 011 -13 ■ ■ D. Interviews and Monitoring Reports Form Number Freouency Job Site Bulletin Board Inspection ....................... .....................275 - 021 -10 1" Day, Quarterly Labor Interviews (Prime, Subs, DBEs) .................. .....................700 - 010 -63 2 per Month Trucker Interviews (Onsite and Offsite) ... ............................... 700 - 010 -61 As Needed CFU - DBE Monitoring Report ................... ............................... 275- 021 -18 1t 90 days from physical start FDOT Daily Construction Log .................... ............................... 700 - 010 -13 Daily The following summarizes pay application requirements and monthly compliance submittals. Note that FDOT mandates submittal of all subcontractor invoices to monitor EEO requirements on subcontractors. Also note that there are required monthly submittals regardless of whether the PRIME submits a monthly invoice or not. The PRIME may submit all compliance documents with the pay application if invoicing is completed on a monthly basis. E. EEO Invoicing Requirements Form Number Pay Apo Pay App With DBEs Monthly Summary of Subcontractor Payments..... .................. C -003 ■ ■ ■ Compliance with Specs and Plans ................... 700 -020 -02 ■ ■ ■ Compliance with EEO Provisions ......................... .....................700 - 011 -13 ■ ■ ■ Disbr. of Prev. Periodic Payments to Subcontractors ...............700 - 010 -38 ■ ■ Copy of Subcontractor Invoices ................................... ............................... ■ ■ ❑ Proof of payment to Subcontractors (release of lien, etc) ......................... ■ ■ Copy of payment (check) to DBE Subcontractor ......... ............................... ■ ■ For a complete guide to EEO contract compliance, visit the FDOT-website at: http: / /www dot state fi us/ equalopportunityoffice/ ContractComplianceWorkbook.shtm FDOT forms may be found online at: http• / /www2 dot state.fl.us /proceduraldocuments /forms /`forms.asp STATE OF FLORIDA DEPARTMENT OF TRANSPORATION Fotm 275 - 010-12 CONTRACTOR'S PROJECT EEO REPORT Equal Oppot01/099 1. Check One 2 Name and Address 3. FEID # or FDOT Vendor # ❑ Prime Contractor ❑ Subcontractor County 5 Financial Project No. 6.Contractor's Beginning Work Date on Project 7. FDOT Contract Number 8. This report is based on Pay Period Ending (M/D/Y) 9. PROJECT EMPLOYMENT REPORT TABLE A TABLE B AMERICAN ASIAN or BLACK TOTAL TOTAL INDIAN or PACIFIC WHITE On -The -Job of of Hispanic HISPANIC ALASKAN ISLANDER °� Hispanic Trainees (OJT) EMPLOYEES MINORITIES JOB CATEGORIES Origin) NATIVE gin) M F M F M F M F M F M F M F M F Officials (Managers) Supervisors Foremen/Women Clerical i Equipment Operators Mechanics Truck Drivers Ironworkers Ca tern Cement Masons Electricians Pipefitters, Plumbers Painters Laborers, Semi Skilled Laborers, Unskilled TOTALS OJT TOTALS TABLE C M F 10n- Trainees 10. If any employees reported in `Table A' are apprentices, state the name of the program, the job category, race and sex. 1 1. Summarize all hires for the entire active month by job category, race, sex (use additional sheet if needed). 12. Preparer Fimt, last Name and Title Area Code and %one Number Date Prepared 13. Reviewer Fimt, last Name and Title Arta Code and Phone Number Dale Reviewed Form No. 275-020.28 Equal Opportunity 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL EMPLOYMENT OPPORTUNITY (`EEO') POLICY & OFFICERS PROJECT financial Project No. F.A.P. No. Contract No. County Prime Contractor POLICY DECLARATION The prime contractor and each subcontractor having a contract of $10,000 or more on this project have accepted the following operating policy. A copy of the full policy may be obtained by contacting the contractor's EEO Officer identified below. "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and /or on-the-job training." CONTRACTOR EEO OFFICERS Anyone who feels they have been discriminated against because of their sex, race, religion, color, age, national origin or Vietnam era and special disabled veteran status, should report the matter to the appropriate EEO Officer. Company Name EEO Officer's full name, Mailing Address, Telephone Number including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number including area code Form No. 275420.28 Equal Opportunity 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL EMPLOYMENT OPPORTUNITY (`EEO') POLICY & OFFICERS (continued) PROJECT Financial Project No. F.A.P. No. 77contract No. County Prime Contractor CONTRACTOR EEO OFFICERS Anyone who feels they have been discriminated against because of their sex, race, religion, color, age, national origin or Vietnam era and special disabled veteran status, should report the matter to the appropriate EEO Officer. Company Name EEO Officer's full name, Mailing Address, Number including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number including area code —Telephone 1 Form No. 275-020.28 Equal Opportunity 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION State of Florida Department of Transportation EEO Policy and Officers Form Instructions for Completing Form General: This form is completed and maintained by the prime contractor for posting on the job site bulletin board of a project. Project Fin. Proj No. — The Financial Project Number FAP No. — The Federal Aid Project Number assigned to federally funded projects Contract No.- the project contract number County — County or counties project work is being performed in Prime Contractor Name — The name of the prime contractor. Contractor EEO Officers This section lists the full name, mailing address and phone number for the EEO officer of the prime and each subcontractor having a contract of $10,000 or more. This data is posted as subcontracts are entered into and the data remains posted until the bulletin board is removed from the job site. A second page is available for listing more companies and officers. List the prime contractor first. Company Name: name of the firm. EEO Officer's full name: first and last name of Company EEO Officer Mailing address: street, city, state, zip code for the EEO Officer's business address Phone Number Including Area code: EEO Officer's phone number STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275 -021 -05 RECORD OF,SUPERVISORY AND OFFICE PERSONNEL EQUALOPPORTU01 /07 EEO MEETING OR INDIVIDUAL ORIENTATION 1. COMPANY NAME: 2. DATE OF MEETING (M/D/Y): 3. FEID # OR FDOT VENDOR #: 4. NAME OF EEO OFFICER: 5. CHECK TYPE OF MEETING: 6. ADDRESS WHERE MEETING HELD: ❑ INDIVIDUAL ORIENTATION ❑ EEO MEETING 7. EEO OFFICER'S CERTIFICATION: The signature of this Company's EEO Officer is certification that an individual orientation or meeting was held with supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity (EEO) obligations. The major topics were addressed and a signed attendance record was made. SIGNATURE: , EEO OFFICER 8. MAJOR TOPICS ADDRESSED: ✓ EEO Policy and Affirmative Action Plan ✓ Bulletin Boards ✓ Identification of EEO Officer ✓ Interviews by State and Federal representatives ✓ Equal Employment Opportunity and recruitment ✓ Training opportunities ✓ Wages and Payrolls ✓ Complaints ✓ Utilization of Disadvantaged Businesses 9. ATTENDEES: PRINTED NAME AND TITLE SIGNATURE J IF NECESSARY FORM 275 -021 -06 EQUAL OPPORTUNITY 05/02 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RECORD OF PROJECT PERSONNEL EEO MEETING 1. COMPANY NAME: 2. FINANCIAL PROJECT #: 3. DATE OF MEETING: 4. FEED # OR FDOT VENDOR #: 5. NAME OF PERSON 6. TITLE OF PERSON CONDUCTING MEETING: CONDUCTING MEETING: 7. CHECK ONE: 8. DESCRIBE LOCATION WHERE MEETING WAS HELD: ❑PRIME ❑SUBCONTRACTOR 9. CERTIFICATION OF MEETING: The signature below is certification that a meeting was held with project personnel informing them of their equal employment opportunity (EEO) civil rights, company's policies and various wage /payroll protections. The major topics were addressed and a signed attendance record was made. SIGNATURE: , Meeting Leader 10. MAJOR TOPICS ADDRESSED: ✓ EEO. Policy and Affirmative Action Plan ✓ Bulletin Boards ✓ Identification of EEO Officer ✓ Interviews by State and Federal representatives ✓ Work force diversity and recruitment ✓ Training opportunities ✓ Wages and Payrolls ✓ Complaints ✓ Utilization of Disadvantaged Businesses 11. ATTENDEE SIGNATURES 11 ATTENDEE SIGNATURES ATTACH ADDITIONAL PAGES IF NECESSARY FORM 275-021 -07 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL OPPORTUNITY 01/10 CONTRACTOR'S COMPANYWIDE EEO REPORT 1. REPORT FOR PAY 2. NAME AND FLORIDA HOME OFFICE ADDRESS PERIOD INCLUDING: March 201° June 20'" September 20— December 20° 3. FEED # OR FDOT VENDOR # YEAR: 2 4. FLORIDA CONSTRUCTION EMPLOYMENT TABLE A TABLE B ......... TOTAL WHITE BLACK AMERICAN INDIANor NATIVE AAWADANOR TWOOR On- 77to-Ja6 E3NPL;OYEE9:::: MINORITIES (Not of Ni.p.ie (Not of HisQaaic HISPANIC ALASKAN 'S� OTHM PACII+ MORE RAM Train[c IoITI JOB CATEGORIES Origin) Origin) NATIVE BL M F M F M F M F M F M F M F M M F F OFFICIALS 0 0 0 0 (MANAGERS) SUPERVISORS 0 0 0 0 FOREMEN/WOMEN 0 0 0 0 ADMINISTRATIVE 0 0 0 0 SUPPORT EQUIPMENT 0 0 0 0 OPERATORS MECHANICS 0 0 0 0 TRUCK 0 0 0 0 DRIVERS IRONWORKERS 0 0 0 0 CARPENTERS 0 0 0 0 CEMENT 0 0 0 0 MASONS ELECTRICIANS 0 0 0 0 PIPEFTTTERS, 0 0 0 0 PLUMBERS PAINTERS 0 0 0 0 LABORERS, 0 0 0 0 SEMI - SKILLED LABORERS, 0 0 0 0 UNSKILLED 0 OJT TOTALS TOTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TABLE C u F On -The -lob Trainees 5. IF ANY EMPLOYEES REPORTED IN 'TABLE A' ARE APPRENTICES, NAME OF THE PROGRAM, JOB CATEGORY, COUNT, RACE & SEX. 6. SUMMARIZE ALL HIRES FOR THE REPORTING PERIOD BY JOB CATEGORY, RACE, SEX (USE ADDITIONAL SHEET IF NEEDED). NEW HIRE REPORTING PERIODS ARE. JAN 1 -MAR 30 OR APR I -JUN 30 OR JLY I-SEP 30 OR OCT 1 -DEC 31 PRINTED NAME -FIRST /LAST EMAILADORESS PHONE SIGNATURE DATE 7.PREPARER 8. REVIEWER �o= a � a o � O = LL Q O 0 W is 7 h d W a`a F A F C C a w a O � w o W CG O i zl w 3 w w w a a w m o m a O z r � O Oy d a� Con u O � 0 ° O z C6 d a ., xz zeE_ S O N C m e rn <od w v o0 �qz Q� a d z a o z C Qa V m C4 E•, V �7 a z .a d zoo, cVz _ "a ..i e r E w e S „ m 3 e p � � "r CkG? GHQ G ca �4 4 a ib, w a a AW O 146 O wl z z e w w a a 'z a w W m' d W a`a F A F C C a w a O � w o W CG O i zl w 3 w w w a a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-10 INSPECTION REPORT FOR JOB SITE BULLETIN BOARD EQUAL OPPORTUNITY OF1 /100 Page 1 of 1 _.. PROJECT_:' Prime Contractor INSPECTOR Name &Title of Person performing inspection Financial Project # Count Date Inspected (M /DIY) Circle applicable wage tables HIGHWAY HEAVY WATER/SEWER BUILDING Photos Taken? (attach to Inspection Report) Yes No LOCATION & STYLE .:` CONDITION Access to fixture is clear 1 Yes No Specific Location (Road /Street) Protective cover is in ood condition Yes No Location is within Project Limits? Yes No Documents are at readable height Yes No Describe style of fixture & covering Documents are not faded /water stained Yes No Each document is clears / fully displayed Yes No Comments Section 3 Comments Section 4 FDOT REQUIRED POSTERS , . " -')�, �^ WAGE INFORMATION I Is each page of every Wage table posted? Yes No EEO Is The Law Yes No Fl. Law Prohibits Discrimination bi -lingual) Yes No Is Additional Wage Decisions Posted? Yes No Notice Yes No Number of Additional Classifications listed Important Wage Rate Information Yes No US DEPT of LABOR Family & Medical Leave Act Rights POSTERS Yes No Wage Determination Appeals Yes No ARRA projects only) ARRA Whistleblower Poster Yes No OSHA Safe Healthful Workplace in English & Spanish Yes No Comments - Sections 5 Employee Polygraph protections Yes No Comments It EEO OFFICERS LIST (FDOT FORM # 275-020.28) Prior to Inspection, list each Subcontractor Name of Contractor Co. Name Officer's Name Address Phone # Name of Contractor Co. Name Officer's Name Address Phone # PRIME Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No I Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes. No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No I Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No I Yes No Yes No Yes No I Comments Section 8 COMPLIANCE STAFF'S DETERMINATION OF COMPLIANCE Compliance Comments Is Bulletin Board in Compliance? Yes No I If 'No' was written notice issued to prime Yes No [Compliance Staff Signature Date of Signature STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -13 NOTIFICATION TO FDOT OF EEO OFFICER EouALOPPORTUNRY o1/07 Mail signed original to: FDOT Equal Opportunity Office, 605 Suwannee Street -MS 65, Tallahassee, Fl 32399 -0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEW No.: 3. Home Office Mailing Address: (street) 4. Home Office Mailing Address: (city, State, Zip)) 5. Main Phone Number: 6. Fax Number: 7. What is being Initial EEO Officer Notice to FOOT New Person Appointed ointee Changed Name Contact Data Changed Changed? E Yes Ej No ❑ Yes LINO I Lj Yes Lj No Yes No Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer: ( first name, middle initial, last name) 9. EEO Officer's Working Title: 10. Work Address of EEO Officer: (Street) 11. Work Address of EEO Officer: (city, state, zip) 12. EEO Officer Phone Number: 13. EEO Officer Fax Number: 14. EEO Officer email address: Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and /or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15. Appointing Official's Signature: 16. Date: (MolDaylYr.) 17. Official's Name: (printed) 18. Official's Title: (printed) (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. Date Processed: (moldaytyr) DISTRIBUTION: Original to FOOT Central EO Office Files; Copy: Mailed to Contractor UPDATE ACTION: Input In EOR System 275 -021 -13 EQUAL OPPORTUNITY 01/07 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form 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 mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, Fl 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: Proiect Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. — The contractor's Federal Identification 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, indicate 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: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo /Day/Year) — 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: Processing of Notification This section is completed by FDOT Box 19 Processed by — First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -15 CONTRACTOR NOTIFICATION TO FDOT FOR USE OF EOUALOPPORTUNITrOF01110 TEMPORARY EMPLOYMENT AGENCY / DAY LABORERS Page 1 of 3 SECTION 1: PROJECT IDENTIFICATION 1. .Financial Project No. 2. F.A.P. No. 3. Contract No. 4LC ty 5. District 6-Prime Contractor's Name 7. Prime Contractor's FEID No. 8. Wage Table(s) Applicable to this Project ( Indicate Yes or No for each type and identify Decision No., Modification No & Publication Date CONSTRUCTION TYPE 1 GENERAL DECISION NO. E.G. FL030037 MOD/FICATIONNO.(E.G. 1) PUBLICATION DATE E.G. fi/12/2009 Yes ❑ No HIGHWAY ❑ Yes ❑ No HEAVY SECTION 2: IDENTIFICATION OF CONTRACTOR AND TEMPORARY AGENCY 9. Name of Contractor Using the Temporary Employment Agency 10. FEID Number of Contractor Using Temporary Agency 11 .Full Name of Temporary Employment Agency Used 12. FEID Number of Temporary Employment Agency 13. Temporary Agency LOCAL Phone Number including area code 14. Temporary Agency Main Office Phone Number including area code 15. Temporary Agency LOCAL address street, city, state, zip code 16. Temporary Agency Main Office address street, city, state, zip code 17. Name of LOCAL contact for Temporary Employment Agency 18. Phone number of LOCAL contact for Temporary Employment Agency 19. Workers from the Temporary Employment Agency will work under the supervision of the contractor shown in box 9. 20. Date (mo /day /year) workers will first be placed on the project Yes ❑ No; If No, identify which company/workers will provide supervision SECTION 3: CONTRACTOR'S ACKNOWLEGEMENT INFORMED OF THE FOLLOWING THAT THE TEMPORARY AGENCY HAS BEEN CONTRACT REQUIREMENTS 21. Workers are to paid at least the minimums show in the Wage Table Rates(s) Listed in # 8 above ❑ Yes ❑ No 22. FHWA 1273, "Required Contract Provisions on Federal Aid Construction Contracts" applies ❑ Yes ❑ No 23. Certified payrolls (Statement of Compliance and payroll records) are due to FDOT within 7 days of the regular pay ❑ Yes ❑ No 24. U.S. Dept. of Labor approval is required for non - standard deductions 25. Workers will not be charged a fee or commission by the Temporary Agency ❑ Yes ❑ No 26. Payroll violations require correction and submission of a supplemental certified payroll ❑ Yes ❑ No 27. The contractor's EEO /AA program applies to the Agency and the temporary workers ❑ Yes ❑ No 28. The Temporary Employment Agency is responsible for complying with the Contract provisions of the contractor including but not limited to EEO, Payrolls, etc. ❑ Yes ❑ No SECTION 4: SIGNATURE 28. Prime Contractor Signature :::: Date 30. Hiring Contractor Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -15 CONTRACTOR NOTIFICATION TO FDOT FOR USE OF EQUAL OPPOROFFICE TEMPORARY EMPLOYMENT AGENCY / DAY LABORERS 2a Pagef 3 Instructions for Completing Form Distribution & Due Date: This form is to be submitted to the projects' Resident Compliance Specialist (RCS) by each contractor who will employ project workers through a Temporary Employment Agency (`TEA') personnel of Day Laborer Agency. The form is due to the RCS before any TEA workers report to the project site. Section 1: Protect Identification Box 1: Financial Project No. - The Financial Project Number Box 2: F.A.P. No. - The Federal Aid Project Number assigned to federally funded projects. Box 3: Contract No. - The Project Contract Number Box 4: County - County or counties where project work is being performed Box 5: District - The Department's District number in which project work is being performed in (Districts are 1- 7, and the Turnpike District) Box 6: Prime Contractor's Name - The name of Prime Contractor. Box 7: Prime Contractor's FEID No. - The Prime Contractor's Federal Identification Number Box 8: Wage Table(s) applicable to this project - Check yes or no if construction type is Highway or Heavy and identify General Wage Decision Number " EG FL020001); Modification No (E.G. 1); Publication Date (E.G. 6/12/2005) Section 2: IDENTIFICATION OF CONTRACTOR & TEMPORARY AGENCY Box 9: Name of Contractor Using the Temporary Employment Agency - The name of contractor that hired temporary employment agency. Box 10: FEID Number of Contractor Using Temporary Employment Agency - Federal Identification Number of the contractor that hired temporary employment agency. Box 11: Full Name of Temporary Employment Agency Used - The full name of temporary employment agency that will be providing temporary workers. Box 12: FEID Number of Temporary Employment Agency - The temporary employment agency Federal Identification Number that will be providing temporary workers. Box 13: Temporary Agency LOCAL Phone Number including area code - Area code and phone number of local temporary employment agency that will be providing temporary workers to the project. Box 14: Temporary Agency Main Office Phone Number including area code - Area code and phone number of temporary employment agency main office. Box 15: Temporary Agency LOCAL address street, city, state, zip code - Local temporary employment agency address (street, city, state and zip code). Box 16 Temporary Agency Main Office address street, city, state, zip code - Main temporary employment agency office address (street, city, state and zip code). Box 17: Name of LOCAL contact for Temporary Employment Agency - First name and last name of contact person for local temporary employment agency. Box 18: Phone number of LOCAL contact for Temporary Employment Agency - Area code and phone number of contact person for local temporary employment agency. Box 19: Workers from the Temporary Employment Agency will work under the supervision of the contractor Shown in box 9 - Identify what company will be supervising the temporary workers at the project site. If the hiring contractor (identified in box 9) will not be supervising workers, enter full name of organization that will be providing the supervision Box 20: Date (mo /day /year) workers will first be placed on the project Section 3: CONTRACTOR'S ACKNOWLEGEMENT THAT THE TEMPORARY AGENCY HAS BEEN INFORMED OF THE FOLLOWING CONTRACT REQUIREMENTS The hiring contractor records acknowledges communicating to the temporary agency their responsibility for compliance with the following contract requirements: Box 21: Pay at least the Minimum rates shown in the Wage Table Rates(s) Listed in # 8 above apply - Mark yes or no if temporary employment agency has been informed of the wage table rates listed in box 8. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275- 021 -15 TUNrrf CONTRACTOR NOTIFICATION TO FDOT FOR USE OF EQUAL OPPOROFFICE TEMPORARY EMPLOYMENT AGENCY / DAY LABORERS Page 3,of 03 Instructions for Completing Form Box 22: FHWA 1273, "Required Contract Provisions on Federal Aid Construction Contracts" applies - Mark yes or no if temporary employment agency has been informed of FHWA 1273 requirements. Box 23: Certified payroll (Statement of Compliance and payroll records) is due to FDOT within 7 days of the regular pay - Mark yes or no if temporary employment agency has been informed of certified payroll due dates to FDOT. Box 24: U.S. Dept. of Labor approval is required for non - standard deductions - Mark yes or no if temporary employment agency has been informed of USDOL Approval requirements for non- standard wage deductions. Box 25: Workers will not be charged a fee or commission by the Temporary Agency - Mark yes or no if temporary employment agency has been informed that workers may not be charged a fee or commission. Box 26: Payroll violations corrections will be required - Mark yes or no if temporary employment agency has been informed payroll violations corrections will be required. Box 27: The contractor's EEO /AA program encompasses the agency and the temporary workers - Mark yes or no if temporary employment agency has been informed that Equal Employment Opportunity /Affirmative Action program encompasses the agency and each temporary worker for this project. Box 28: The Temporary Employment Agency is responsible for complying with the Contract provisions of the contract including but not limited to EEO, Payrolls, etc.- Mark yes or no if temporary employment agency has been informed that they are responsible for complying with the contract provisions of the contract including but not limited to Equal Employment, payrolls, etc. Section 4: SIGNATURE OF PRIME & HIRING CONTRACTOR Box 29: Prime Contractor Signature - Signature of Prime Contractor and date of signature Box 30: Hiring Contractor Signature - Signature of hiring contractor and date of signature (complete only if hiring contractor is not the prime contractor). 275- 021 -1E EQUAL OPPORTUNITY OFFICE 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMERCIALLY USEFUL FUNCTION (CUF) DBE MONITORING REPORT SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. 2. F.A.P. No. ❑ NON•FAP 3. Contract No. 4. County 5. District 6. Prime Contractor 7. FEID No. 8. Contract Begin Date 9. Est. completion date 10. Is Prime a DBE? ❑ No ❑ Yes SECTION 2: DBE IDENTIFICATION 11. DBE's FEID No. I 12 .DBE Co. Name 13. Mailing address & phone used for project communication 14. NAICS I Specialty Codes (from FDOT DBE Directory-list up to 10) referred to in #21 & #34 Phone ( ) 15. DBE's function on this Contract ❑ Subcontractor ❑ Trucking Co. ❑ Leased Truck. ❑Supplier ❑ Rental Agreement without operator ❑ Rental Agreement with operator 16. DBE's Begin date 17.1 DBE is a Subcontractor, Identify tier. Attach Certification of Sublet (700. 010 -36) and Schedule A ❑1-Tler ❑ 2- Tier ❑3"Tier 18. Name of contractor DBE is subordinate to (or `Prime' 911, tier) ❑ Prime SECTION 3: OBSERVATION OF DBE'S, WORK, WORKFORCE & EQUIPMENT 19. Date Observed 20. Observer's Name first & last 21. Description of work being performed 22. Was a foreman or superintendent directing the workers? ❑ No Firstllad name & wMioyer ❑ No ❑ Yes 23. This work has/ is not performed by other subs or prime. If yes, Co's name: ❑ No ❑ Yes 24. Foreman is not directing workersicrews of other subs 25. Number & type of workers (exclude foreman) 26. Number and type of equipment & tools used ❑ None 27. WORKFORCE OF THE DBE: 28. EQUIPMENT OF THE DBE: • No ❑ Yes A. Uniforms have DBE's Co. name ❑ No uniforms ❑ No ❑ Yes A. Name is painted or a permanent decal ❑ No name on any ❑ No name on some • No ❑ Yes B. Workers of other subs/ prime not involved in the work ❑ No ❑ Yes B. Name on equipment is DBE Co. name (box 12) • No ❑ Yes C.DBE appears to control /supervise their own work ❑ No ❑ Yes C. Name is not easily removed /replaced • No ❑ Yes D.DBE appears to-be performing work with own workers ❑ No ❑ Yes D. Using /renting own equipment and tools • No ❑ Yes E. DBE appears to employ their own workers 29 Observer's comments: ❑ N/.A SECTION 4: DBE ADMINISTRATIVE REVIEW 73Vendfication Reviewed 31. Reviewer's Name: 32. ADBEPS amount of DBE data per Payrolls, Daily Diaries & Bizweb 34. DBE data on Sublet & ADBEPS Forms Yes ❑ NON•FAP A. DBE's Payroll reflects no. & type or workers in #25 (FAP projects only) p No ❑Yes A. Sublet Work Description & #21 work is included in #14 Codes? Circle those codes in #14 • No ❑ Yes ❑ NON -FAP B. The person signing the Payroll Certification appears to be an employee of the DBE (FAP projects only) ❑ No ❑ Yes B. The DBE has not subcontracted to other Companies. If yes, name of company subletted. • No ❑ Yes C. DBE's workers (foreman are not on other co. payrolls DBE? ❑ No ❑ Yes • No ❑ Yes D. Daily Diary reflects foreman #22 and workers #25 ❑ No ❑ Yes C. The latest ADBEPS lists this DBE ❑ No ❑ Yes E. Payments to DBE are in FOR System ❑ Too close to begin date (MID /N began) ❑ No ❑ Yes 1 ❑ N -A D. The Dollar Amount stated on the latest I ADBEPS for this DBE appears reasonable 35: Reviewer's Comments ❑ None SECTION 5: RECORD OF REPORT REVIEW 36. Title 37. First &- last name- printltype 38.Si nature 39.0ate 40. Recorded data reflects CUF. Prol Adm. ❑ No ❑ more investigation ❑ Yes DCCM ❑ No ❑ more investigation ❑ Yes 275 - 021 -18 EQUAL OPPORTUNITY OFFICE 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION State of Florida Department of Transportation Commercially Useful Function (CUF) DBE Monitoring Report Instructions for Completing Form General: The purpose of this form is to record data evidencing compliance or non compliance with DBE program requirements. One DBE is recorded on a form. Project staff ( RCS, Office Manager, Inspectors, etc) complete Sections 1 to 4. The Project Administrator and District Contract Compliance Manager review completed forms and confer regarding any subsequent action to be taken. Section 1: Proiect Identification This section is completed by the Project staff (RCS on FAP Projects) and the form copied for use throughout the project. Only box 9 Estimated Completion Date may require updates Box 1: Fin. Proj No. — The Financial Project Number Box 2: FAP No. — The Federal Aid Project Number assigned to federally funded projects or 'non -FAP' or check off ' non -FAP' Box 3: Contract No.- the project's contract number Box 4: County — County or counties project work is being performed in Box 5: District — The Department's District Number Designation where the project is located (Districts are 1 -7, and the Turnpike District). Box 6: Prime Contractor Name — The name of the prime contractor. Box 7: FEID No. — The Prime contractor's Federal Identification Number Box 8: Contract Begin Date— starting Month /day /year Box 9: Estimated Completion Date- Month /day /year the contract is expected to be complete Box 10: Is Prime a DBE? Refer to DBE Directory and indicate yes or no Section 2: DBE Identification This section is completed by the Project staff (RCS on FAP Projects) and the form copied for use throughout the project. Box 11: DBE's FEID No. The DBE contractor's Federal Identification Number Box 12: DBE Co. Name — name of the DBE firm. Box 13: DBE'S mailing address and.phone used for project communication: Street, city, state, zip code and full phone number of DBE Box 14: NAICS Specialty Codes: Refer to the DBE Directory data for the DBE firm and record each of their NAICS Specialty codes (up to 10) Box 15: DBE's function on this contract: Mark the appropriate function Box 16: DBE's Begin Date — Month /day /year DBE began work on the contract Box 17: If DBE is a subcontractor, Identify tier. Attach Certification of Sublet (form 700 - 010 -36) and Schedule A Box 18: Name of Contractor DBE is Subordinate to: Mark prime if first tier or indicate the name of the firm the DBE is subordinate to Section 3: Observation of DBE's Work and Workforce General: Several observations, spread over time, should be done of the DBE's work during the course of the project. Each observation is recorded on a separate form. This form is a record of activity observed throughout one work day. Equipment and labor data is recorded as it is done for the Weekly Report. Box 19: Date observed: Month /day /year work was observed Box 20: Observer's Name: first and last name of observer for the Department Box 21: Description of Work Performed: brief statement of the work the DBE was seen performing. Box 22: Was a foreman or superintendent directing the work? If there was no foreman, mark 'no'; otherwise record their full name and name of the employer as stated. 275 - 021 -18 EQUAL OPPORTUNITY OFFICE 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Box 23: This work has /is not performed by other subs or prime Mark yes or no. If yes, name the contractor Box 24: Foreman not directing the workers /crew of other subs? Mark yes or no Box 25: Number and type of workers (exclude the foreman) List the number and type of workers engaged in the work e.g. common, skilled, equipment operator Box 26: Number and type of equipment and hand tools in use Mark none or list the number and type e.g., 1- concrete vibrator, 1 -water truck 2 pickup trucks, 2- straight edge,2- hammers, Box 27: WORKFORCE OF THE DBE? Five questions are asked to determine if the DBE appears to be employing their own workers Mark yes or no to each A. Uniforms have DBE's co. name —may also mark 'no uniforms' B. Workers of other subs /prime not involved in the work C. DBE appears to control /supervise their own work D. DBE appears to be performing work with their own workers E. DBE appears to employ their own workers Box 28: EQUIPMENT OF THE DBE. Four questions are asked to determine if the DBE appears to have it's own equipment. Mark yes or no to each A. Name is painted or a permanent decal —may also mark 'no name on any equipment' or 'no name on some' B. Name (On equipment) is the DBE's company name (box 12) C. Name is not easily removed / replaced. Mark yes or no to indicate if the name on the equipment cannot be easily replaced. Names that are applied using a magnetic sign can be easily replaced D. Using /renting own equipment and tools Box 29: Observer comments: Mark 'None' or clarify data or note concerns Section 4: DBE Administrative Review General: The Project Staff (RCS on FAP Projects) completes this section after Section 3 has been completed and after payrolls have been received for the week during which the observation occurred as shown in Box 19. Box 30: Date Reviewed: month /day /year Section 4 is being completed Box 31: Reviewer's Name: first and last name of person completing Section 4. On FAP projects, this is the RCS Box 32: ADBEPS Amount: The dollar amount for this DBE on the most recent Anticipated DBE Participation Statement ( ADBEPS) Box 33:VERIFICATION OF DBE DATA PER PAYROLLS, DAILY DIARIES, BIZWEB. Five questions are asked to determine if other project records correlate to the observation. Mark yes or no A. Payroll reflects no. & type of workers in #25(FAP only) B. The person signing the Payroll Certification appears to be an employee of the DBE (FAP only C. DBE's workers/foreman are not on other company payrolls D. Daily diary reflects foreman (#33) and workers ( #25) E. Payments to DBE are in FOR System: Mark 'too close to begin date' if there are no payments and work DBE began work 60 to 90 days before this observation. Record that begin date as month /day /year 275- 021 -18 EOUAL OPPORTUNITY OFFICE 01/11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Box 34: DBE DATA ON SUBLET AND ADBEPS FORMS. Four questions are asked to determine if the DBE is doing the work intended in the sublet. Mark yes or no A. Sublet work description (form 700 -010 -36) and #21 work is included in #14 NAICS codes. If yes, circle the code or codes in box 14.' B. The DBE has not subcontracted to other companies. If yes, name the company and indicate if that company is a DBE C. The latest ADBEPS form lists this DBE D. The Dollar Amoun stated on the latest ADBEPS for this DBE appears reasonable Box 35: Reviewer's Comments Mark 'None' or clarify data or note concerns Section 5: Record of Report Review General: This section is completed by the Project Administrator and District Contract Compliance Manager to affirm that the data recorded on this Monitoring Report has been reviewed. The Project Administrator and the District Contract Compliance Manager may confer to determine if special action /reviews may be warranted. Separate lines are provided for the Project Administrator and District Contract Compliance Manager Box 36: Title: identifies the data line for the Proj. Adm. (Project Administrator) and the DCCM (District Contract Compliance Manager) Box 37: First initial and last name Box 38: Signature Box 39 Date Month /day /year report was reviewed and signed Box 40: Recorded data reflects CUF (commercially useful function)- mark yes, no or if uncertain or questionable, mark `more investigation' required in order to make a determination. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -21 CONTRACTOR'S RECRUITMENT REPORT EQUAL 110 Page 1 SECTION 1: IDENTIFICATION OF CONTRACTOR 1. Contractor's Name 2. FEW No. 3.Mark (x) Month(s) included in this Report Years 2 2 J F I M I A I M I J 1JL1 A I S I O N D 4. Person supplying this report (first/last) 5. Reporter's Job Title 6. Reporter's Phone No 7. Reporter's Email address 8. Company EEO Officer (first/last) 9. EEO Officer's Signature & date 10. Is a letter from the EEO Officer containing additional information attached? ❑ No ❑ Yes 11. List each Florida location where applications are accepted & hiring occurs for construction craft & laborer positions street/ci /state /zi Loc. 1 Loc.2 N/A Loc.3 N/A Loc.4 N/A SECTION 2: COMPLIANCE WITH FHWA 1273 RECRUITMENT REQUIRMENTS 12. Does each hiring location comply with the following recruitment re uirements? Loc. 1 Loc. 2 TLoc. 3 Loc. 4 The EEO information is displayed where applicants can see it. ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes All persons involved in hiring have received EEO training ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Responsibility has been assigned for recruitment record keeping ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes An applicant log is maintained ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Employees are requested to refer minority/female candidates ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Positions are listed with the Agency for Workforce Innovation ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Private referral sources for minority /female applicants are identified & updated ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Private referral sources are, informed of how to refer candidates ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Private referral sources are analyzed for effective minorityffemale referrals ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Positions are advertised in newspapers having a large minority circulation No ❑ Yes ❑ No ❑ Yes [--]No ❑ Yes ❑ No ❑ Yes 'Equal Opportunity Employer' is included in all job opening communications ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes , ❑'No ❑ Yes Applicants are advised of training opportunities ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Hiring decisions & practices are reviewed for EEO & lack of discrimination. ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 13. Are records available to support each 'Yes' answer in #12? No Yes SECTION 3: HIRING SUMMARY All new hires and re-hires for all locations listed in Box 11 & forthe period shown in Box 3 JOB CATEGORIES TOTAL HIRES TOTAL MtlNORmE3 WHITE BLACK HISPANIC AMERICAN INDIIW wAL NATIVE ASIAN NATIVE HI OTHER PACIS. TWO OR MORE RACES M F M F M F M F M F M F M F M F M F EQUIPMENT OPERATORS MECHANICS TRUCK DRIVERS IRONWORKERS CARPENTERS CEMENT MASONS ELECTRICIANS PIPEFITTERS, PLUMBERS PAINTERS LABORERS, SEMISKILLED LABORERS, UNSKILLED TOTALS 275-021 -21 EQUAL OPPORTUNITY OFFICE 01/10 1. Contractor's Name 2. FEID No. 3.Pa a No.( begin with #2) SECTION 4: HIRES (Group by Location- Additional data may be submitted in an EEO Officer's letters) A. Hiring location x B. Job Title Filled C. Hire's Name first name /last name D. Sex and Race 1 C3 2 ❑ 3 ❑ 4 ❑ M F W BI H Al As PI 2M E. Hire Date F. Hourly Pay Rate G. 4-digit emplo ee identifier H How did the hire learn about the 'ob? ❑ $ I. How was this Job Opening communicated? Mark all that appl . ❑ No ❑ Yes Name of Center /Office Job Order # Agency for Workforce Innovation Date laced ❑ No ❑ Yes Newspaper (Name each & ad dates) ❑ No Yes Employee Referrals requested How communicated how & date) Dales ❑ No ❑Yes ❑ No ❑ Yes Private Referral Sources (List Names &dates) _ Intemal (company) job posting location & date ❑ No ❑ Yes Intemettemaii site address & date) ❑ No ❑ Yes I Now Hiring Signs (location &date) J. Are records available to support each 'Yes' answer in 'I' (above)? ❑ No ❑ Yes A. Hiring location x B. Job Title Filled C. Hire's Name first name /last name D, Sex and Race 1 ❑ 2 ❑ 3 ❑ 4 ❑ M F W el H Al As PI 2M E. Hire Date i F. Hourly Pay Rate 7G. 4-digit employee identifier H How did the hire learn about the job? 1 $ 1 I. How was this Job Opening communicated? Mark all that apply. ❑ No ❑ Yes Agency for Workforce Innovation Name of Center /Office Job Order # Date placed ❑ No ❑ Yes Newspaper (Name each & ad dates) ❑ No [I Yes Employee Referrals requested (how & date) How communicated Date(s) ❑ No [I Yes _ ❑ No ❑Yes Private referral sources (Names & dates) _ — .� — — — — — — — — — — — — — — — — — — — — — — — — — _ Internal (company) job posting location & date) ❑ No ❑ Yes Internettemail site address & date) ❑ No ❑ Yes Now Hiring Signs (location &date) J. Are records available to support each 'Yes' answer in 'I' (above)? No Yes A.Hiring location x B. Job Title Filled C. Hire's Name first namellast name D. Sex and Race El El 1:1 1:1 M F W BI H Al As PI 2M E. Hire Date F. Hourly Pay Rate G. 4-digit employee identifier H. How did the hire learn about the "cab? $ 1. How was this Job Opening communicated? Mark all that apply. ❑ No ❑Yes Agency for Workforce Innovation Name of Center /Offloe Job Order # Date laced ❑ No ❑ Yes Newspaper (Name each & ad dates) ❑ No ❑ Yes Employee Referrals requested (how & date) How communicated Dates) ❑ No ❑ Yes ❑ No ❑ Yes Private referral sources (Names & dates) Internal (company) job posting location & date ❑ No ❑ Yes Internet/email site address -& date) ❑ No ❑ Yes I Now Hiring Signs (location &date) J. Are records available to support each 'Yes' answer in 'I' (above)? No El Yes ATTACH AND NUMBER ADDITIONAL COPIES OF THIS PAGE AS NEEDED STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021 -21 CONTRACTOR'S RECRUITMENT REPORT EQUAL OPPORTUNITY OFF1/10 oleo Instructions for Completing Form Primes and subcontractors are encouraged to use the form for self assessment and redirection of their recruitment program prior to official or ad hoc department reviews where the report will also be collected. Prime contractors are encouraged to incorporate this form in their Certification of Compliance process to facilitate the review of subcontractor compliance with recruitment requirements SECTION 1: Identification of Contractor Box 1: Company's official name. Box 2: Company's Federal Identification Number or FDOT vendor number. Box 3: Mark the calendar months that are included in this report and the year(s) Box 4: First and last name of person supplying information on this report Box 5: Job Title of person named in Box 4 Box 6: Phone number including area code of person name in Box 4 Box 7: Email address of person named in Box 4 Box 8: First and last name of Company EEO Officer Box 9: EEO Officer's Signature and date indicating review of reported data Box 10: Mark yes or no to indicate if a letter from the EEO Officer is attached containing additional information. A letter from the EEO Officer is not required. Box 11: List the street, city, zip code of Florida location where employment applications are accepted and hiring occurs for construction craft and laborer positions. Mark N -A (not applicable) if there are no other locations SECTION 2: Compliance with FHWA 1273 Recruitment Requirements Box 12: Complete one set of questions for each location listed in Box 11. Box 13: Indicate if records are available to support each 'Yes' answer in Box 12. SECTION 3: Hiring Summary Report all hires and rehires occurring at all locations for the period shown in Box 3 (`Months included in this report'). Summarize hires by Job Category, race and sex. Refer to the EEO Construction Contract Compliance Workbook Attachment 3.4.5, 'EEO Job Category of Classifications' to determine the job category of individual job classifications/ job titles. 'Hires' includes all construction craft and laborer employees added to the payroll. Rehires are included as hires. Include all of those still employed as of the date of this report plus those who have terminated subsequent to hire. Exclude persons who were offered a job and accepted it but failed to report for work; they are not considered a hire. Total minorities is the sum of Black, Hispanic, American India/Alaskan Native, Asian, Native Hawaiian /other Pacific Islander and Two or More Races. Total Hires is the sum of "Total Minorities' and White SECTION 4: Hires by Location General: At the top of this page, record the Contract actor's Name in Box 1 and their FEID number in Box 2. Record the page number in Box 3 beginning with '2' and continuing sequentially (3, 4, 5, etc). Group the hiring information of each location together: list Location 1 hires together, then list hires of Location 2, etc. A section is provided to record data on each hire and the company's recruitment activity to attract candidates for the position filled. Record the details of each hire included in Section 3 Hiring Summary. Additional information regarding hiring can be included an optional EEO Officers' letter as referred to in Box 10). A. Hiring Location: Mark x next to 1, 2, 3, or 4 corresponding to the hiring locations listed in Box 11. B. Job Title Filled :New hires' job classification/ job title C. Hire's Name: First name, last name D. Sex and Race: Mark x for sex, and x for race ( W for white, H for Hispanic, BI for Black, Al for American Indian or Alaska Native, As for Asian, PI for Native Hawaiian or other Pacific Islander, 2M for Two or more Races E. Hire date: Month /Day/Year hired F. Hourly Pay rate: $ xx.xx G. 4 -digit Identifier: four digit as used on payrolls H. How did the hire learn of the job? Report how the hire reported learning of the job I. How was this Job Opening Communicated? Indicate yes or no for each of the items listed and provide the additional data indicated (eg. Name of Center, Name of newspaper, etc) J. Indicate if records are available to support each 'Yes' answer in Box H K. Repeat for each hire, adding as many additional pages as needed. Number each page sequentially STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 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: 275-030 -10 EQUAL OPPORTUNITY OFFICE 02/013 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT - assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. 2. 3. 4. Federal Tax ID Number: Firm Name: Phone: Address: 5. Year Firm Established: 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. 4. Phone: Address: 5. Year Firm Established: 1 2 3 4 Federal Tax ID Number. Firm Name: Phone: Address:. 5. Year Firm Established: ❑ Between $1 - $5 million ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 275 -030-10 EQUAL OPPORTUNITY OFFICE 02108 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5-$10 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5-$10 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 6. ❑ DBE ❑ Non -DBE 7. ❑ Subcontractor ❑ Subconsultant 275-030 -10 EQUAL OPPORTUNITY OFFICE 02108 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030 -12 ANTICIPATED DBE PARTICIPATION STATEMENT (`ADBEPS') EQUAL OPPORTUNITY ovtt LOCAL AGENCY PROGRAM 1. FOOT LAP AGREEMENT# 2. FOOT LAP 3. AGREEMENT AMT S) CONTRACT LOCAL AGENCY'S # WITH PRIME 4. LOCAL AGENCY NAME 5. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR 7. CONTRACT DOLLAR AMOUNT WITH PRIME 8. FEID NUMBER OF LOCAL AGENCY 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED DISADVANTAGED BUSINESS ENTERPRISE (DBE)? ❑ YES Cl NO 10. IS THE WORK OF THIS CONTRACT CONSTRUCTION ❑ MAINTENANCE ❑ OTHER? 11. IS THIS AN ADBEPS REVISION? ❑ YES ❑ NO If yes, revision number 12. ANTICIPATED DBE SUBCONTRACTS DBE SUBCONTRACTOR OR SUPPLIER COMPANY NAME AND FEID NUMBER TYPE OF WORK AND FOOT SPECIALTY CODE(S) DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS A NAME: FEID: WORK: SPEC CODE: B NAME: FEID: WORK: SPEC CODE: C NAME. FEID: WORK: SPEC CODE: D NAME. FEID: WORK: SPEC CODE: E NAME: FEID: WORK: SPEC CODE: F 11A TOTAL DOLLARS TO DBE'S 11C1NITT ALAL paCPNT OF $o.00 0.00% SECTION TO BE FILLED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 18. PHONE NUMBER SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 20 .DATE 21. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER 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 LAP NAME DATE TO ED OFFICE (ELECTRONICALLY) EXECUTED DATE (LAP AGREEMENT ) EXECUTED DATE (BETWEEN LOCAL AGENCY AND PRIME PRE - CONSTRUCTION CONFERENCE DATE DISTRICT - ADDENDUM- CODE SHEET/NAICS CAP The Florida Department of Transportation will grant certification to a firm for specific tunes of work in which the socially and economically disadvantaged owner(s) have the ability to control the firm. Circle no more than ten (10) SPECIALTY CODES. SPECIALTY CODE $ CAP (MIL) NAICS CODE CONSTRUCTION I. ASPHALT PAVING Roadway (includes 300, 310, 311, 320, 330, 331, 332, 333, 335, 337) Application of prime and tacit coats, leveling surfaces and wearing courses Miscellaneous Asphalt Pavement Construction of asphalt pavement in areas which will not be subjected to vehicular traffic such as pavement under guardrail bicycle paths, medians, sidewalks, etc. Asphalt Concrete Curb Construction of an asphaltic concrete curb on a previously laid pavement. II. BUILDINGS - CONSTRUCTION/MODWICATION Toll & Service Plaza Facilities Construction or modification of administrative buildings and associated structures. Storage Facility, Building Addition Construction or modification of storage facilities, additions to buildings and associated structures. Office Building, Shop /Warehouse Construction or modification of office buildings, shops /warehouses, and associated structures. Plumbing Furnishing and installing plumbing in all types of buildings. Electrical Wiring Furnishing and installing electrical wiring in all types of buildings. Heating and Air Conditioning Furnishing and installing heating and air conditioning in all types of buildings. Installation of Tile Furnishing and installing tile in all types of buildings. 111. CONCRETE - MISCELLANEOUS Concrete Gutter, Curb Elements, & Traffic Separators Construction of portland cement concrete curb and gutter, concrete Traffic separator valley gutter, special concrete gutter, and other types of concrete curb. Concrete Barrier Wall Construction concrete barrier walls for highway construction. Concrete Sidewalk Construction of concrete sidewalk. Concrete Ditch & Slope Pavement. Construction of concrete pavement in drainage ditches and on roadway slopes. Pipe Handrail Furnishing, erecting, and painting pipe handrail. IV. DRAINAGE Inlets, Manholes & Junction Boxes Construction of inlets, manholes, junction boxes, shoulder gutter inlets and yard drains of reinforced concrete, or of brick masonry if circular and constructed in place. Includes the necessary metal frames and gates. Pipe Culverts & Storm Sewers Furnishing and hstaling drainage pipes and mitered end sections, and furnishing and construction of such joints and connections of existing pipes, catch basins, inlets, manholes, walls, etc. Structural Plate Pipe & Pipe Arch Culverts Construction of structural plate pipe and pipe - arch- cuiverts including construction of a trench and foundation, laying pipe, and backfilling. Lander drains Construction of underdrains including excavating a trench, laying pipe, placing filter material and backfilling. V. EARTHWORK Clearing & Grubbing Removal and disposal of all trees and other protruding objects, buildings, structures existing pavement, and other facilities necessary to prepare the area for construction and the removal and disposal of all debris which is not required to be salvaged or not required to complete the construction. 3XX 339 525 735 750 770 PLM EL W HAC TIL 520 521 522 524 515 425 430 435 440 110 $ 22.410 237310 S 13.0 238990 $ 22.410 237310 $ 22.410 236220 $ 22.410 236220 $ 22.410 236220 $ 13.0 238220 S 13.0 238210 $ 13.0 238220 S 13.0 238340 $ 22.410 237310 $ 22.410 237310 $ 13.0 238990 $ 22.410 237310 $ 13.0 238990 $ 22.410 237310 $ 22.410 237310 $ 22.410 237310 $ 22.410 237310 $ 13.0 238910 SPECIALTY CODE S CAP (MIL) NAICS CODE Excavation & Grading (Includes 120 & 125) 12X $ 13.0 238910 Preparation of sub grades and foundation, the construction of embankments, and other use of disposal of materials excavated and the compaction and dressing of excavated areas and embankments; excavation for bridge foundations, box culverts, pipe culverts, storm sewers, and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch casins, drop inlets, manholes and similar structures. VI. EROSION CONTROL Temporary Erosion Control 104 $ 13.0 238990 Construction and maintenance of temporary erosion control features, or where practical, permanent features on the project so as to prevent erosion and water pollution. May include temporary grassing temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, artificial coverings, berms, baled hay or straw, floating slit barrier and staked slit barrier. Plastic Filter Blanket 514 $ 13.0 238990 Installation of a plastic filter blander for permanent erosion control Riprap Construction of riprap, composed of sand and cement, concrete block 530 $ 13.0 238990 VII. FENCING Fumishing and erecting metal fence. 550 $ 13.0 238990 VIII. GUARDRAIL (Includes 536, 538) Construction of metal guardrail on posts of concrete, 53X $ 22.410 237310 timber, steel, or aluminum, as specified; removing & resetting existing mils. iX. LANDSCAPING /GRASSING Muck Blanket & Topsoil 162 $ 6.5 561730 Preparation of a layer of select material favorable to plant growth, over areas to be grassed, grassed and mulched, or sodde Grassing 570 S6.5 561730 Establishing a stand of grass by seeding, fertilizing, and mulching as required, and maintaining the grassed area until the project is completed. Sodding 575 $ 6.5 561730 Furnishing and placing of grass sod, and fertilizing, watering and maintaining the sodded areas to assure a health stand of grass. Landscaping 580 $ 6.5 561730 Planting of trees and shrubs as specified. Irrigation Systems 590 $ 6.5 561730 Furnishing and installing underground and/or above ground irrigation systems. X. PAINTING Shop, Field and Maintenance Painting of Structural Steel 560 $ 13.0 238320 Surface preparation and the application of paints to structural steel surfaces in the shop or in the field, and includes drying and protection of painted surfaces and protection of property and traffic. Bridge Painting (Includes 561, 562) 56X $ 13.0 238320 Preparing the surface and applying inorganic zinc paint coating materials; preparing the surface and applying zinc paint coating over welded areas of galvanized steel. XI. STEEL Reinforcing Steel 415 $ 13.0 238120 Furnishing and placing reinforcing steel in concrete and masonry Structures Structural Steel 460 $ 13.0 238120 Furnishing, preparing, fabricating, assembling, erecting, and painting structural steel, shear connectors, casting and forgings, plates and bolts, and certain special metals for structure. XH. TRAFFIC CONTROL Maintenance of Traffic 102 $ 13.0 238990 Furnishing, installing and maintaining traffic control and safety devices (including barrier, warning devices, temporary striping) during construction; construction and maintenance of detours; control of dust. Traffic Signals 60X $ 13.0 238210 Furnishing and installing all equipment and materials used in the construction of traffic signal installations. Highway Signing 700 $ 22.410 237310 Furnishing and erecting aluminum or steel roadway signs, with supporting posts or columns. Highway Delineators 705 $ 13.0 238990 Furnishing and installing reflectorized delineators, with supporting posts SPECIALTY CODE $ CAP (MIL) NAICS CODE Reflective Pavement Markers 706 $ 13.0 238990 Furnishing and installing reflectorized pavement markers and removing pavement markers. Painting Traffic Stripes 710 $ 13.0 238990 Painting reflectorized traffic stripes and markings (other than thermoplastic) Thermoplastic Traffic Stripes and Markings 711 $ 13.0 238990 Placing thermoplastic traffic stripes and markings. Highway Lightning Systems 715 $ 13.0 238210 Installation of a highway lighting system, including light poles, bases, luminaries, ballasts, pull boxes, cable, conduit, substations, expansion joints, protective devices, transformers, and control devices. XIII. TRUCKING (Hauling materials to or from construction site and heavy hauling) Trucking Firms -Firms that used own trucks and owners TRK $ 22.410 484220 Owner Operators -Sole Proprietor that own and operate one truck. ITO $ 12.0 238990 XIV MISCELLANEOUS Pile Driving 455 $ 22.410 237990 Famishing, driving, cutting -off and splicing of piling (wood, concrete, steel or composite concrete and steel). Timber Structures 470 $ 22.410 237990 Furnishing and erecting timber into various structures. Navigation Lights 510 $ 13.0 238210 Furnishing and installing a navigation light system, including wiring, conduit, transformers, enclosures, grounding systems, controls, protective devices, lights, etc. Underground Utility 15X/16X $ 22.410 237110 Work normally done by utility companies (i.e. installation, removal, relocation of water, electric, telephone, etc., utilities). Tree Trimming MAI $ 6.5 561730 Mowing MA2 $ 6.5 561730 XV. MISCELLANEOUS CONSTRUCTION SERVICES (welding, machine shops, 190 $ 13.0 238990 rentals, & NEC) XVI. MATERIALS SUPPLY 220 $ 22.410 Wholesale 423's Must meet definition of "Regular Dealer" as defined in Rule 14.78, Florida Administrative Code and 49 CFR Part 26. Retail 44's, 45's. PROFESSIONAL SERVICES XVIL CONSULTANTS(by type of service) 300 $ 6.5 54's XVHI. ARCHITECTURAL SERVICES 306 $ 4.5 541310 LANDSCAPE ARCHITECTURAL SERVICES 311 $ 6.5 541320 XDL LAND SURVEYING AND MAPPING SERVICES 946 $ 4.5 541370 XX. ENGINEERING AND SUPPORT SERVICES Civil Engineering Services 941 $ 4.5 541330 Electrical Engineering Services 942 $ 4.5 541330 Geotechnical Engineering Services 943 $ 4.5 541330 Mechanical Engineering Services 945 $ 4.5 541330 Laboratory Testing Services 944 $ 11.0 541380 CADD Services 947 $ 6.5 541340 Diving Services For Bridge Inspections 948 $ 6.5 561990 Traffic Data Services 949 $ 6.5 541690 XXI. ENVIRONMENTAL SERVICES Environmental Consulting Services 950 $ 6.5 541620 Asbestos Surveys and Abatement Services 951 $ 110 562910 Energy Consultant Services 952 $ 6.5 541690 Hazardous Waste Services 953 $ 11.5 562112 Mitigation Services 954 $ 13.0 562910 XXII. MANAGEMENT AND FINANCIAL SERVICES Accounting and Auditing 961 $ 7.5 541211 Data Processing Consultant 962 $ X2.410 5415's Economic Consultant Services 963 $ 6.5 541690 Education Consultant 964 $ 6.5 611710 Financial Services 965 $ 6.5 541611 Legal Services 966 $ 6.5 541110 Personnel Services 967 $ 6.5 541612 Public Relations Services 968 $ 6.5 541820 Employment Agencies 983 $ 6.5 561310/20 Training Services 969 $ 6.5 611430 If you circled specialty code 220, Regular Dealer, you must meet the following definition: A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. SPECIALTY CODE $ CAP (MIL) NAICS CODE XXIII. RIGHT OF WAY SERVICES Abstract and Title Services 971 $ 6.5 541191 Appraisal Services 972 $ 2.0 531320 Acquisition Services 974 $ 2.0 531210 Aerial Photography Service 975 $ 6.5 541922 Relocation Related Services 976 $ 2.0 531390 Property Management Services 977 $ 2.0 531311/12 XXIV. MISCELLANEOUS BUSINESS SERVICES Travel Agencies 981 $ 3.5 561510 Reprographics 982 $ 6.5 561439 Security Guard Services 984 $ 11.5 561612 Archeology Services 985 $ 6.5 541720 Fiber Optics 986 $ 13.0 238210 Lawn Care Services 987 $ 6.5 561730 Janitorial Services/Commercial Cleaning 988 $ 15.0 561720/790 Other Business Services(NEC) 980 $ 6.5 541618 If you circled specialty code 220, Regular Dealer, you must meet the following definition: A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275- 030.13 CERTIFICATION OF NON SEGREGATION 84 EQUAL oPPORruNiTr ohms NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. 2. F.A.P. No. 3. FDOT LAP Contract No. 4. Coun 5. District or Name of Local Agency 6.Prime Contractor `s Name 7.Com n Name of Contractor Supplier, Rental Company or Agency Submitting this certification S. FEID No of Co. in Box 7 I SECTION 2: CERTIFICATION STATEMENTS CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACILITIES I NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following for t his company: Federally funded contract, this company certifies that it shall not discriminate on the basis of race, color, national A. This company does not maintain or provide origin, or sex in the performance of such contracts. any segregated facilities for employees at any of our establishments and we do not The contractor shall carry out applicable requirements of permit our employees to perform their 49 CFR Part 26 in the award and administration of DOT services at any location, under our control, assisted contracts. The company agrees that a failure to where segregated facilities are maintained. cant' out these requirements is a material breach of contract, which may result in the contract's termination or B. Agreement that a breach of this certification such other remedy as the recipient deems appropriate. is a violation of the equal opportunity clause in this contract. Each subcontract, rental agreement and or material supplier agreement this company subsequently .enters C. We will obtain and retain identical into for this contact will require this same Certification. certifications from proposed subcontractors prior to the award of subcontracts exceeding It is the policy of this company to assure that applicants $10,000 which are not exempt from the are employed, and that employees are treated during provisions of the equal opportunity clause. employment, without regard to their race, religion, sex, color, national origin, age or disability. Actions include: As used in this certification, the terms "segregated employment, upgrading, demotion, or transfer; facilities" means any waiting rooms, work areas, recruitment or recruitment advertising; layoff or restrooms and washrooms, restaurants and termination; rates of pay and other forms of fountains, recreation or entertainment area, compensation; and selection for training, including transportation, and housing facilities provided for apprenticeship, pre apprenticeship, and/or on-the-job employees which are segregated by explicit training. directives or are in fact segregated on the basis of race, color, religion or national origin because of This certification extends to the project identified above habit, local custom, or any other reason. and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA -1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are incor orated in this certification. 9. Name firstilast of corporate Official signing Certification 10. Job Title of person named in Box 9 11. Signature of Certifying Official 12. Date of Signature 275 -OW -13 EQUAL OPPORTUNITY OFFICE 07109 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: 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 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700 -010 -13 DAILY REPORT OF CONSTRUCTION CONSTRUCTION asp Page 1 of 3 Date: Contract ID: Financial Project ID: Inspector: High Tem : AM Conditions: PM Conditions: Low Temp: Remarks General: Name T e # Hrs T e # Hrs Accidents: ❑No DYes See Accident Report Dated: Day I Week: Contract Day: Total Days: Visitors: Contractors and Personnel # Name T e # Hrs T e # Hrs Type # Hrs 1. Prime Supt Foreman Skilled Semi skilled Common Trainee 2. Sub /Utility Supt Foreman Skilled Semi skilled Common Trainee 3. Sub /Utility Supt Foreman Skilled Semi skilled Common Trainee 4. Sub /Utility Supt Foreman Skilled Semi skilled Common Trainee Contractors Equipment Active or Idle Contr /Sub # Equipment ID Description # Pieces # Used Total Hours Used 700-010-13 CONSTRUCTION 06/09 Page 2 of 3 Date: Contract ID: Estimated Work Performed Contr/ Sub # Line Item # Pay Item Code Location Time (A IPM) Installed Be innin Ending_ QtV. Units EFFECTS OF WEATHER ON MAJOR WORK ITEMS (CHECK CONTROLLING ITEMS): No Effect Affected Less Than 50% Affected More Than 50% No Work Major and /or Controlling Work Items All Day of Work Day Of Work Day All Day ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CONTRACTOR PAST PERFORMANCE PURSUIT OF THE WORK: 0 YES El NO CONFORMANCE WITH CONTRACT DOCUMENTS: 0 YES El NO TECHNICIAN'S SIGNATURE AND RATING: HOURS AT JOB SITE TOTAL HOURS FROM: TO: ENGINEER IN CHARGE NAME, RANK AND INITIALS): DATE: DISTRIBUTION: Original - Project Engineer Copy - Contractor (as requested) 700.010.1 3 CONSTRUCTION 06109 Page 3 of 3 Attachment Pa e Date: Contract ID: Financial Project ID: Inspector: Remarks General: Accidents: ❑No ❑Yes See Accident Report Dated: Day of Week: Contract Day: Total Days: Visitors: Contractor (s) Equipment Active or Idle ContNSub Equipment # # Total Hours # ID Description Pieces Used Used STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010.07 ADDITIONAL CLASSIFICATION - REQUEST FORM CONSTRUCTION oaroa Page 1 of 2 Prime Contractor Name: Address: Phone Number: E -mail Address: Date: Florida Department of Transportation Office of Construction - M.S. 31 605 Suwannee Street Tallahassee, Florida 32399 -0450 Attention: Prevailing Wage Rate Survey Coordinator Financial Project Number: Federal Aid Project Number: Projects Resident Office Telephone No. Contract Number: County(ies): Letting Date: Award Date: I request the following classification(s) be added to the General Decision No. FL Publication Date: Classification Title: Classification Description (actual job duties): Suggested hourly rate of pay: $ Classification Title: Classification Description (actual job duties): Suggested hourly rate of pay: $ Classification Title: Classification Description (actual job duties): Suggested hourly rate of pay: $ Sincerely, (Contractor's Representative Signature) (Please Print) 700-010 -07 CONSTRUCTION 08104 Page 2 of 2 Employment Standards Administration, Wage and Hour Division 29 CFR PART 5 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act) 5.5(ii) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator, U.S. Department of Labor, Washington, D.C. 20210. The administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under the OMB control number 1215 - 0140.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise, the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215 -0140.) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NOTICE OF RENTAL AGREEMENT 700 - 010-11 CONSTRUCTION 11100 PROJECT ENGINEER: DATE: CONTRACT NO(S): F.A.P. NO(S): STATE PROJECT NO(S): FIN PROJECT NO(S): PRIME CONTRACTOR: CONTRACTOR RENTING EQUIPMENT: LESSOR: LESSOR PHONE: LESSOR ADDRESS: DOES THE ESTIMATED TOTAL AMOUNT OF THIS AGREEMENT EXCEED $10,000? O YES O NO EQUIPMENT TO BE RENTED: With Operators ❑ Operators will be on Lessor's Payroll Without Operators ❑ Operators must be carried on the payroll of the Lessess, i.e., Prime Contractor or Authorized Subcontract NOTES: 1. All operators are subject to applicable wage rate provisions included in the contract for this project. 2. Only equipment which requires the reasonably constant attention of an operator or operation staff may be rented on a "with operator" basis. Items such as forms, hand tools, pumps, air compressors, etc., may not be rented on a "with operator" basis. 3. When equipment is rented on a "with operator" basis for use on a Federal Aid project, the lessor must submit certified copies of weekly payroll listings covering the operators to the Project Engineer. 4. This written agreement will not be required when contractor rents equipment (without operator) from a firm whose principal business is renting or leasing equipment. EQUIPMENT LISTED AS FOLLOWS: 1. 7. 2. 8. 3. 9. 4. 10 5. 11 6. 12 DESCRIPTION OF WORK TO BE PERFORMED BY THIS AGREEMENT: A. B. REVIEWED BY: Resident Engineer Distribution: Original - Project File 1 Copy - Compliance Officer Signed: (Contractor's Designated Official) Date d U o o U g � n � z O U Y O W J m N Y. O Z _O Q U_ W U O F O U f` C 0 U J. m Q W X LL LL Q Z O H Q O a O U LL H � � a fi 6Q /3 Q � .fl f0 � O� IRAJQ d c O Q �L U p N Y O f0 w G7 E N N U V1 f6 M o c LL m 0 0 c � 0 3 cn U cn 0 c 0 U r (D U C �G .y c O N N CL O d E m c C a` c Q U +E c a� N U Q a x O N c `1 Q O c w 0 Y a N c m E w Z U d c`o `mom - m c _ c _5o = o c m ma a m T 3 a m a 0 « U O m m U a m rA n E m b j m a m m a m e a` c Y 'u -0 m y o. m E F ? p W n m V � O « � a a s N m o m p w E ° m- 'm 0 as m (o a c m c �' m a m m m m m n m 3 `m m c E '_° m a m c E 5 c a 3 m ^ m o v •w m c 'i m Q E 3 a.0 E c m m m L 3 0 d IxLr a % O U£ A Q m y y � a° %1 ^ m . m m m- C u- C m M' m 43 7 ' _ C O ° M c m m o a a y o c 0 c m 3't c ° a c Ec m m c mQ m m e v c E m m m 3 E m a ° 3 c aci U- LL > a c c m a c , c m E m m ` m 'm � `o m U U 5 °i E m ro � a m >> a a E p y m p y m H O W C J a am m m c m a `o Ti a E a E N c m c 5 0 aaoi o m Fi m o 5 �^ o m m e m o CL EL Q 0` c a v W m 0. x u U a o o lL U 7 O OL c O U C a� a 0 4) CL t- Instructions for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to determine which pay - item(s) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets, use the unit prices 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. 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 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 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 signed by principal of the firm or someone with the delegated authority and notarized. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO SUBCONTRACTORS (As required by Florida Transportation Code, Section 337.11, Subsection (11), F.S.) DATE FIN PROD. I.D. CONTRACT NO. TO RELEASE MONTHLY PAYMENT FOR 700 -010.38 CONSTRUCTION 10/10 prime contractor or the above referenced contract, hereby certi ies that all subcontractors, except for those noted below, having interest in this contract have received their pro rata share of all previous periodic payments made to date by the Department for all work, materials and equipment furnished under the contract. The term "subcontractor", as used herein, shall also include persons or firms furnishing materials, services or equipment incorporated into the work or stockpiled in the vicinity of the project for which partial payment has been made by the Department and work done under equipment - rental agreements. EXCEPTION: The following subcontractors have not been paid and a copy of the notification sent to each, explaining the good cause why payment has not been made, is attached to this form: Subcontractor name Street Address City State Zip State of Florida County of Swom to and subscribed before me this day of Notary Public Commission Expires Personally Known , by (Print name of person signing Certification) OR Produced Identification Type of Identification Produced Instructions: Subcontractor name Street Address City State Zip A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of non - responsibility, and may subject the person and /or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. Contractor Title 1 • Attach copy of the notification good cause sent to each applicable subcontractor. 2. List the subcontractors which have not been paid the proportionate share of payments received by the contractor and the date listed as exception. 3. A separate certification is required for each contract. 4. To be signed by an officer or director of the Contractor with the authority to bind the Contractor and notarized. 5. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date (generally the 3rd Sunday of the month). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010.52 CONTRACTOR'S AFFIDAVIT CONSTRUCTION oaroy VEHICLE REGISTRATION State: County: BEFORE ME, this day personally appeared (Contractor's Name) who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in accordance with Section 320. Contractors Signature TYPED NAME: POSITION: COMPANY NAME: COMPANY ADDRESS: State of Florida County: Sworn to and subscribed before me this day of by (Print name of person signing Certification) Notary Public Commission Expires Personally Known OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NOTIFICATION TO CONTRACTOR AND FEDERAL HIGHWAY ADMINISTRATION (FHWA) OF NON - COMPLIANCE WITH THE WORK HOURS ACT OF 1962 AND OTHER RELATED ACTS, REGULATION AND CONTRACT TERMS BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CONTRACTOR TO: Name and Address of Prime Contractor Name and Address of Sub - Contractor 700 - 010.59 CONSTRUCTION 05/06 In accordance with applicable FHWA regulations, laws, and construction contract referred to above, you are hereby notified of the following non - compliance with their provisions and respect to payment of employees in the performance of contract work on the following State and Federal Projects(s): Financial Project/Contract Number Federal Project Number The ❑(Prime) ❑(Sub) Contractor payroll listing for the week ending (week ending date) (U.S. Department of Labor Form WH -347 (1/88) or similar form) contains the following listed violations occurring during this payroll period: Employee's Name Violation Total Hours Additional Violation (Last Name and Initials) (See Reverse Side) Improperly Paid Gross Wages Due Penalty Total Code Date(s) / Day(s) (Code 1 Only) $ 0.00 (If additional space is required, attach continuation sheet) TOTALS: $ 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 0.00 If a penalty has not been assessed (see above*) this is a request for additional information. A supplemental payroll must be submitted within 20 days of the date shown below; otherwise progress payments may be withheld. If wages and penalty have been withheld this notification of non - compliance is being transmitted to the FHWA Administrator for further determination and review_ The decision of the Division Administrator of the FHWA or his designee is final and binding on the State of Florida Department of Transportation and Contractor alike, subject to the Contractor's right of appeal as set forth below. Therefore the total amount of additional wages due and penalties have been withheld from progress or final payment on this contract pending final determination by the FHWA and/or appeal by the Contractor. Any appeal from the finding of fact and determinations of the FHWA must be filed within 60 days from the date of the withholding of funds on this contract. The 60 days begin with the date on which this formal notice of the withholding of funds is received by the Contractor by certified mail (return receipt requested). The aggrieved Contractor or Sub - Contractor shall have the right of appeal to the Federal Highway Administrator, the Secretary of Labor, and /or the Court of Claims. Such appeals must be submitted through the State of Florida Department of Transportation who will make proper distribution. Comments: State of Florida Date State of Florida Date Department of Transportation Department of Transportation Resident Compliance Specialist Resident Engineer (or designee) loo -010-59 CONSTRUCTION 05106 VIOLATION TYPE The violation numbers cited on the front of this form are explained below: Violation Violation Code Description Violation Code Code Number Action 1 Time and one -half rates were not paid for work performed in excess of 40 hours Formal notification per week. sent to Federal (Wage differences and penalty' are withheld.) Highway Administration See Note Below 3 Improper classification. Employees observed assigned to work involving classifications other than those included on payroll listing. (Wage differences not withheld if supplemental payroll received within 20 days.) 4 Hourly rate paid is less than minimum authorized wage rate for the classification of work Additional shown and included in the construction contract. (Wage differences not withheld if Information supplemental payroll received within 20 days.) requested from contractor 5 The Certified Payroll contains mathematical errors that indicate payment, made to the Y p Y indicating employee(s) by the Contractor for hours worked, violated the Federal -Aid labor provisions clarification or (Davis Bacon Act/Copeland Act) of the contract. (Wage differences not withheld if certified correction of supplemental payroll correcting this infraction is received within twenty days.) Wage rate violations cited violations shall not be issued for mathematical errors or minor computer payroll program rounding errors that do not violate the contract Federal -Aid labor provisions. However, the Contractor shall be notified in writing of such errors. 6 Unauthorized payroll deductions were made in violation of applicable regulations. In accordance with 7 Other violation not listed above. (Explain in comments section on front of form, or in letter regulations of transmittal to Contractor. *NOTE: In addition to monies withheld for wage differences, a penalty of $10.00 per violation per day that the affected employee was not paid overtime for work performed in excess of 40 hours per week shall be assessed for each employee within any one payroll week. Monies withheld for wage differences under Violation Code 1 shall be returned to the Contractor upon receipt of a supplemental certified payroll (original and two copies) by the District Construction Engineer's Office, citing that the indicated payroll violations(s) has been corrected and receipt of three copies of Contractor's canceled payroll check for the amount owed, with the affected employee's signature. The decision of the Division Administrator of the FHWA or his designee is final regarding the release of penalty monies withheld for Violation Code 1. (Supplemental payrolls requested under Violation Codes 3 thru 7 must be forwarded to the Resident Engineer's Office. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700 -01061 TRUCKER INTERVIEW coNSTRUCO 109 SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. 2. F.A.P. No. 3. Contract No. 4. County 5. District 6.Prime Contractor Name 7. FEID No. SECTION 2: SUBCONTRACTED TRUCKING FIRM 8. Name of company Subcontracted for Trucking (include rental agreements and purchase orders 9. Is this company a DBE ?) ❑ Yes ❑ No 10. What subcontracting tier is this company and who are they under contract to? (Include rental agreements and purchase orders ❑ 1 tier subordinate to prime: 2na tier subordinate to: ❑ ❑ 3 tier subordinate to: SECTION 3: IDENTIFICATION OF DRIVER AND TRUCK OWNERSHIP 11. Date 12. Name of person completing Sect. 3 13. License tag no. 14.State issuing tag 15. USDOT Truck No. or Motor Carver permit No. dis la ed ❑ Florida 16. Company Name displayed on the Truck 17. How is this name displayed? ❑ Magnetic sign(s) ❑ painted on ❑other 18. Name as shown on driver's license 19. State issuing License 20. Type of CDL Driver License ❑ Florida ❑ ❑ Class A ❑ Class C ❑ Class B ❑ 21. Driver's License Number 22. Name of Owner on Vehicle Registration 23. Vehicle description, make & year 24. What material was being hauled? 25. Where was the vehicle traveling? ❑ Hauling within project limits ❑ Hauling from project to some other place (e.g. land fill) [:]Hauling from commercial plant (or pit) to project ❑ Hauling fromito project fromito a dedicated or adjacent facility Explain: SECTION 4: REVIEW 26. Date checked against payroll 27. Did the company in box 8 submit a payroll that includes the date shown in box 11 28. If yes, is the person shown in box 18 included on that payroll for that day? 29. If no, is the person shown in box 18 included on another company's payroll for that day? ❑ Yes ❑ No ❑ Yes []No ❑ Yes Co. ❑ No 30. Is a payroll violation warranted? 31. Comments: ❑ Yes ❑ No 700-010-61 CONSTRUCTION 01/09 State of Florida Department of Transportation Trucker Interview Instructions for Completing Form This form is used to ensure proper authorization and reporting of trucks on construction projects. Sections land 3 may be completed by the RCS. Section 1: Project Identification (completed by RCS) Box 1: Fin. Project No. — The Financial Project Number Box 2: F.A.P. No. — The Federal Aid Project Number assigned to federally funded projects. Leave Blank or insert N/A when training is performed on state funded projects. Box 3: Contract No. — The project contract number Box 4: County — County or counties project work is being performed in Box 5: District — The Department's District Number Designation in which the training documents are being submitted. Districts are 1 -7, and the Turnpike District. Box 6: Prime Contractor Name — The name of the prime contractor. Box 7: FEID No. — The contractor's Federal Identification Number Section 2: Subcontracted Trucking Firm Box 8: Name of company subcontracted for trucking — Complete this based on sublet, rental agreement or purchase order records Box 9: Is this company a DBE? — Review the FDOT DBE directory for this information Box 10: What subcontracting tier is this company and who are they under contract to? — Complete this based on sublet, rental agreement or purchase order records Section 3: Identification of Driver and Truck Ownership This section is completed at the project. The operation of the truck is observed to determine its operation and then approached to conduct the Trucker Interview. The Truck Driver's responses are recorded in this section. Box 11:. Date - Month /day /year of this observation and interview Box 12: Name of person completing this section — First and Last name of person conducting interview Box 13: License Tag No. — Enter the tag number of the tag on the truck Box 14: State Issuing Tag — Check box if tag was issued here. Enter State tag was issued in the space provided if not Box 15: USDOT Truck No. or Motor Carrier Permit No. Displayed — Enter USDOT No. or record permit no. displayed Box 16: Company name Displayed on the Truck — Record the company name on the truck Box 17: How is this name Displayed — Check the appropriate box or enter other method name is displayed Box 18: Name as shown on Driver's License — Record the driver's name as it is shown on their Driver's License Box 19: State Issuing License — Record the issuing state of the license as shown on the Driver's License Box 20: Type of CDL Driver License — Check class of license shown on the license. If the trucker is found to be improperly licensed, the Prime Contractor, Project Administrator and DCCM will be notified. Box 21: Driver's License Number — Record the Driver's License Number shown on the license Box 22: Vehicle Description, Make & Year — Enter a description of the vehicle and the make & year shown on the vehicle registration Box 24: What Material Was Being Hauled? — Enter the material the truck is hauling (asphalt, concrete, pipe, etc.) Box 25: Where was the vehicle traveling? —Check the appropriate box below (Reference Table 1.7.4.1) Section 4: Review This section is completed by the RCS once payrolls that include the date shown in box 11 are received. Box 26: Date Checked Against Payroll — Month/day /year interview data is checked against the payrolls Box 27: Did the Company in Box 8 Submit a payroll that includes the date shown in Box 11? —Check Yes or No Box 28: If yes, is the person shown in Box 18 included on that payroll for that day? — Check Yes or No Box 29: If no, is the person shown in Box 18 included on another company's payroll for that day? — Check Yes or No. If yes, enter the company's name where the Truck Driver is reported Box 30: Is a payroll violation warranted? — Check Yes or No Box 31: Comments: — Enter comments to clarify data reported during the interview and/or related to the payrolls where this driver is reported. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700 - 010-63 EMBLOYEE INT`ERVIE'W FORM -LABOR /EEO CONSTRUCTION opt 1 "Confidential: All information in this form shall remain confidential to the extent pe rmitted by law, including Florida Statutes Cfla ter 119" Section 1- IDENTITY DATA SUPPLIED BY EMPLOYEE Section A -RCS'S PROJECT IDENTIFICATION 1. Employee first& last name ❑YeN. JNo A- Fin. Project# ❑ No Tools B. F.A.P. # ❑Ye C. contract # ❑ No Equip signature Q, D. Prime Date of RCS review 2. Employed by: Section B- INTERVIEWER'S IDENTIFICATION 3. Four digit ID or SS No. E. Interviewer trust& last name R. 4. How Long with company? aassification Signature Fringe Paid 5. How Long on this project? F. Interviewer's Employer on Payroll 6. Employee Sex []Male ❑Female G. Date of Interview 20. Who is your company's EEO Officer? 7. Employee Race ❑ White ❑Hispanic []Am lndfAl ❑Asian I ❑ Black 1121+races ❑ Native Hi./P. Islander Rate Min Fringe Min Section 2-JOB & PAY DATA SUPPLIED BY EMPLOYEE Section C- INTERVIEWER'S OBSERVATION 8. What have you worked on today? H. Describe employee's work at time of interview 21. Have you seen the project bulletin board with 9. What tools are you using today? ❑ No Tools I. Name hand tools the em pi o es was using ❑ No Tools 10. Are you running any equipment today? ❑ No Equip J. Name of equipment employee was operating ❑ No Equip 11. What is your job or position? K. What is the proper job classification for this work? []Yes ❑No 12. How much are you paid an hour? $ (optional 2' observation same day) ❑Yes []No 2nd Observation 13. Are you paid every week? In I ❑Yes ❑NO L. Was work, tools, equipment same as previous observation? ❑Yes []No if Nt7 provide the followina: 14.Do you get extra money if you work over 40 hours? How much? []Yes M. Describe employee's work at tad observation 15. Did the company pay for your hardhat, vest? ❑YeN. JNo Tools used ❑ No Tools 16. Is money taken from your check for Insurance, loans, uniforms, child support etc? ❑Ye O. Equipment operated ❑ No Equip 17. Wer e you told to give someone money or I ❑Yes ❑No II r. wnat is ine proper favors to get this job? Or to keep your job? classification for this work Section 3 -EEO DATA SUPPLIED BY EMPLOYEE Li. Section D -RCS' REVIEW & ACTION 18. Are the company's buildings and service open []Yes []No Q, First &last name Date of RCS review to everyone no matter their race or sex? RCS 19. Do you feel discriminated against because of ❑Yes ❑No R. As shown aassification Rate Paid Fringe Paid our race or sex? Treated differently? PAYROLL WD MIN. on Payroll 20. Who is your company's EEO Officer? ❑Yes ❑No WD for this Payroll Classification Rate Min Fringe Min RATE a FRINGE 21. Have you seen the project bulletin board with ❑Yes ❑NO WD FOR CLASSIF IN W d" P" above Rate Min Fringe Min the wage and Sob posters? ❑same as WD for payroll dassif. 22. Have you been asked to bring people in to []Yes ❑No IF fringe is required, How are fringes ? ?? ❑NA -not required' ❑casn to apply fora Sob? paid to the employee ❑Benefits ❑Combination Section 4- FRINGE DATA SUPPLIED BY EMPLOYEE S. Is there a discrepancy between work, tools ❑Yes ❑No equipment, classification, rate paid or fringes? If yes explain 23. Are you paid for holidays, sick days, vacation? ❑Yes ❑No 24. Does the company pay any of your insurance? I ❑Yes ❑No T. Any concerns from Sections 2 or 3? ❑Yes ❑No 25. Interviewer comments /expi I ❑See attached ❑none U. RCS Comments ❑see attached ❑none 10N10.63 CONSTRUCTION State of Florida Department of Transportation Page 2 of 3 Instructions for Completing Form Employee Interview Form 700 - 010 -63 GENERAL Data is collected by observing and communicating with project workers and it is recorded on this form to assist in determining EEO and payroll compliance. On the left side (Sections 1, 2, and 3) the Interviewer records data collected from the employee On the right side (Sections A, B, C and D) data is recorded by the Resident Compliance Specialist (RCS) and Interviewer Interviewer records Data collected from Employee (Sect 1 +2 +3+ EMPLOYEE INTERVIEW FORM Section 1 Section A Section a Section 2 on C Section 3 Section D Section 4 Section D RCS Completes Sect A +D ~� Interviewer completes B +C Information recorded on the Employee Interview Form is to be kept confidential and separate from standard Compliance program records. DIRECTIONS FOR COMPLETING FORM Section A- PROJECT IDENTITY SUPPLIED BY RCS The RCS completes this section before giving the form to the Interviewer. Note that these items can be filled in on the computer when the form is downloaded A. Financial Project No. — The Florida Department of Transportation's Financial Project Number B. F.A.P. Number — The Federal Aid Project Number assigned to federally funded projects C. Contract Number- FDOT contract number D. Prime Contractor- Name of Prime Section B- INTERVIEWER'S IDENTIFICATION This is the first section that the Interviewer completes E. Interviewer's Name and signature F. Interviewers' Employee: FDOT or the main CCEI firm on the project G. Date of interview: Month /Day /year Section C- INTERVIEWER'S OBSERVATION The Interviewer completes this section before speaking with the employee and before performing the interview. The data provided is based on what the interviewer observes just prior to the interview H. Describe the work at the time of the interview (e.g. digging trench for placement of pipe) I. Name hand tools the employee was using: OR mark 'No tools' if none used. Include motorized and manual tools. J. Name equipment the employee was operating: OR mark 'No Equip' if none operated. Name the specific piece of equipment K. What is the proper classification for this work? The interviewer's opinion as to correct classification; use proper classification names like those found on Wage Tables. Optional 2nd Observation Same Day. A second observation of the employee's work during the day of the interview is helpful. If one cannot be done, mark "0 No 2" Observ." L. Was 2nd observation of work, tools & equipment same as previous? Mark yes or No. If YES, continue with question L, M, N. and O. If no, go to Section 1. M. Describe employee's work at the time of second observation e.g. digging trench for placement of pipe N. Tools used OR mark 'No tools' if none used. Name the specific tools being used, include motorized and manual tools. O. Equipment Operated? OR mark 'No Equip' if none operated. Name the specific piece of equipment P. What is the proper classification for this work? The interviewer's opinion as to correct classification; use Proper classification names as found on Wage Table(s). 700-010-63 CONSTRUCTION State of Florida Department of Transportation Page 3 of 3 Instructions for Completing Form Employee Interview Form 700 - 010 -63 Section 1- IDENTITY DATA SUPPLIED BY EMPLOYEE The interviewer records the answers supplied by the employee 1. Employee: Print first and last name & have employee sign below their name. 2. Employed by: name of the contractor or temporary agency the employee is working for. 3. Social Security No.: 4 digit identifier (preferred) or social security number 4. How long with Company? Months and /or years employee has worked for company 5. How long on this project? Months and or years employee has worked on this project. 6. Employee Sex: Record male or female based on observation 7. Employee Race: Record the race which the employee identifies with Section 2- JOB & PAY DATA SUPPLIED BY EMPLOYEE The interviewer records the answers supplied by the employee 8. What work have you done today? Employee's statement of work performed 9. Are you using any tools today? What are they? Employee' identification /statement of tools used 10. What equipment are you operating today? Employee's statement of equipment used. 11. What is your job /job title? Employee's statement of their job title /classification 12. How much do you make an hour? Employee's statement of their hourly pay rate(s) 13. Do you get paid every week? (e.g. each week, every Friday, etc) 14. Do you get extra money if you work over 40 hours? How much? 15. Did the company pay for our hardhat, vest? 16. Is there any money taken out of your check for insurance, loans, uniforms, child support, etc? 17. Have you been asked to pay money or give favors to work here? Section 3- EEO DATA SUPPLIED BY EMPLOYEE The interviewer records the answers supplied by the employee. 18. Are there any areas you are not allowed to go to? 19. Do you feel discriminated against because of your race or sex? 20. Who is your Company's EEO Officer? 21. Have you seen the project bulletin board with wage and employment posters? 22. Have you been asked to bring men and women to apply for a job? Section 4- FRINGE DATA SUPPLIED BY EMPLOYEE 23. Are you paid for holidays, sick days, vacations? 24. Does the company pay for any of your insurance? 25. Interviewers comments /explanations. The interviewer's work is now complete and the form should be turned into the Resident Compliance Specialist. Section D- RCS'S REVIEW & ACTION Q. RCS's Name and date of review. R. Payroll versus Wage Determination ('WD) Minimum Rate and Fringe: AS SHOWN ON PAYROLL: Review the certified payroll for the week that includes the date shown in box G (Date of Interview). Record the payroll's classification, Rate paid and Fringe paid. WD FOR THIS PAYROLL CLASSIFICATION: Review the Wage Determination and record the minimum Rate and Fringe for the classification reported on the certified payroll. WD FOR CLASSIFICATION IN 'K' &'P' If box K or P identifies a classification different from that shown on the payroll record the WD minimum rate and minimum fringe IF FRINGE IS REQUIRED, HOW ARE THEY PAID? Indicate if the employee receives cash, benefits or some combination if fringe is required. If fringe is not required, mark NA S. Is there a discrepancy between work, tools, equipment, classification, rate paid or fringes? C with employee Supplied Data in Section 2 and the Certified Payroll to identify discrepancies. T. Any Concerns from Sections 2 or 3? Do the employee comments indicate any concerns for the RCS: If so, mark Yes and add comments as noted in box U. U. RCS comments. Mark NA or indicate that written comments are attached. Form 700 -010-67 CONSTRUCTION 05102 ADDITIONAL FEDERAL WAGE RATE DECISIONS The U.S. Dept. of Labor has established Wage Rates for the following additional classifications of work on this project. FINANCIAL PROJECT NO. COUNTY: DECISION TYPE WAGE DECISION NO. (or NA) MODIFICATION NO. (or NA) HIGHWAY HEAVY Ell BUILDING WATERISEWER CLASSIFICATION RATE (S) FRINGE ($ or NA) Directions: The prime contractor is responsible for completing this form for the project and posting it on the job -site Bulletin Board. Type or print the financial project number, county, each Wage Decision number and Modification Number. Record the classification, rate and fringe data decisions issued by the FDOT Prevailing Wage Rate Coordinator. For ease of update, retain a copy of the posted form and add additional wage decisions as issued. Contractors may waive the construction job site posting of individual wage decision letters when this form is posted. Ski a §� G -§ \\ � � 0 C.) W Ir � � 0 � � z Q. W � Q � � U � : CL E 0 � 0 � � $ E � � § \ ca / \ 0 / E ) § k m �/f \ / � ) k £ ] \ \ a LLJ LLI LL �o fj § §_P:� 2 oo�R / %a. & /?- n / a i CV \ §\_\ z �C) ) _ _ 4 n LL wom D t -- § �w>_c f� \CD %U) ) j < LL Lu /�§ / LL e LL i /= < [ 2 /z§§ LU j < - � z \ k � . E » \ / LU § \ ca / \ 0 / E ) § k m �/f \ / � ) k £ ] \ \ a LLJ LLI LL �o fj §_P:� 2 oo�R / %a. & /?- n / a i CV \ §\_\ z �C) g _ _ 4 n LL wom D t -- § �w>_c f� \CD %U) j < LL Lu /�§ / LL e LL i /= < [ 2 /z§§ LU j < - � z \ k \ \ § \ ca / \ 0 / E ) § k m �/f \ / � ) k £ ] \ \ a \ k CL / a: 0E«f } }) E k' w -= &k z Lu k. CL L5 � � CL = k a. ( � E 2 k , m CL w _ 'o CL ] _ \ W B § I Co 'D E �|�EE LL $ $ § § b §07)k§ �3 - |L] 2 i = _ § ; 7 a ) §. \\ \ LLJ LLI LL �o fj §_P:� oo�R 2min} & /?- n / CV \ §\_\ z �C) g <G0�w n LL wom oz j \e 'o2 �w>_c \CD %U) j < LL Lu /�§ / LL e LL i /= < 2 /z§§ LU wo e < \�\j§ z w=or=e \ k CL / a: 0E«f } }) E k' w -= &k z Lu k. CL L5 � � CL = k a. ( � E 2 k , m CL w _ 'o CL ] _ \ W B § I Co 'D E �|�EE LL $ $ § § b §07)k§ �3 - |L] 2 i = _ § ; 7 a ) §. \\ \ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 700 -011 -13 CONSTRUCTION CERTIFICATION 06/05 COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS ON FEDERAL AID CONTRACTS DATE FIN PROJECT I.D. CONTRACT NO. , prime contractor for the above referenced contract, hereby certifies that this company and all of it's subcontractors have made every Good Faith Effort to comply with the EEO provisions of FHWA Form -1273 (Section II. Nondiscrimination and Section III. Nonsegregated facilities) on this contract. Exception: The following subcontractor(s) have been found to be in noncompliance with the provisions stated above. Attached is notification sent to the respective subcontractor(s) explaining their noncompliance with these provisions. Subcontractor Name Street Address City /StatefZip State of Florida County of Sworn to and subscribed before me this of I , by Notary Public Subcontractor Name Street Address City/State/Zip day (Print name of person signing Certication) A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of nonresponsibiity, and may subject the person and /or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State law. Contractor Commission Expires By Personally Known ❑ OR Produced Identification ❑ Title Type of Identification Produced Instructions: 1. Attach copy of any notifications of noncompliance sent to each applicable subcontractor. 2. List the subcontractors found not in compliance at the time of this certification. 3. A separate certification is required for each contract. 4. To be signed by an officer or director of the Contractor with the authority to bind the Contractor and notarized: 5. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date (generally the 3`d Sunday of the month). FIN PROJECT I.D.(s) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION COMPLIANCE WITH SPECIFICATIONS AND PLANS DATE: CONTRACT NO: Monthly: ❑ Final: ❑ 700 -020-02 CONSTRUCTION 04109 Page 1 of 2 Prime Contractor for the above referenced contract, hereby verifies based on personal knowledge or reasonable investigation and good faith belief, all work done and all Quality Control functions and Quality Control sampling and testing results are in substantial compliance with the pertinent specification requirements and the approved Quality Control Plan for this project. This includes the input of test results into the Department's LIMS database within 24 hours of results being received. This represents work done between and Exceptions to these requirements are listed below. . 1.) Item No.: Exception: 2.) Item No.: Exception: 3.) Item No.: Exception: 4.) Item No.: Exception: 70D -020-02 CONSTRUCTION 04/09 Page 2of2 5. Item No.: Exception: 6.) Item No.: Exception: A false statement or omission made in connection with this certification i� sufficient cause for suspension, revocation, or denial of qualification to bid, and a determination of non - responsibility, add may subject the person and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. State of Florida County of Sworn to and subscribed before me this day Quality Control Manager of by (Print name of person signing Certification) By Notary Public Commission Expires Personally Known or Produced Identification Type of Identification Produced State of Florida County of Sworn to and subscribed before me this day of by (Print name of person signing Certification) Notary Public Commission Expires Personally Known or Produced Identification Type of Identification Produced Company Contractor By Company STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700 -020-02 CONSTRUCTION INSTRUCTION PAGE 09/09 Financial Project Number(s): List all financial project numbers on the contract. Date: Show the date the certification is completed. Contract No.: Show the contract number the certification represents. Monthly /Final: Indicate which type of estimates this certification represents, monthly or final. Prime Contractor: In this field, show the Prime Contractor's full company name. Date Began: Show the beginning the certification represents. For a monthly or progress estimate, show the beginning date the estimates corresponds to. For a final certification, show the date the contract work began. Date Ended: Show the ending dates the estimate corresponds to. For final certification, show the final acceptance date. Item No.: Show the pay item number the exception is associated with. Exceptions: For the monthly certification, list the following: 1. QC samples that did not compare with VT samples and had VT results upheld by RT samples. 2. Any samples that had Engineering Analysis Report or Delineation Test(s) performed. 3. Any failed QC samples. 4. Any QC samples that do not have results entered into LIMS. 5. Any QC samples that were performed by unqualified technicians or laboratories. 6. Any materials placed without an approval QC Plan or when the QC Plan is suspended. 7. Any materials provided from an unapproved producer or supplier. The following would not be listed as an exception on the subject form: 1. QC samples that have been tested but not verified. 2. QC samples that have been tested and had verification test results that did not compare. When exceptions listed on the monthly have been resolved, provide the proper documentation for those items. For the final certification, all unresolved issues to QC sampling and testing must be shown on the certification. Notary Information: The Notary of the Public completes this section. This certification must be notarized. Quality Control Manager: Signature of the Quality Control Manager signing the certification. By: Type or print the name represented by the signature in "Quality Control Manager" section. Title: Type or print the title of the person signing the certification. Contractor: To be signed by an officer or director of the Contractor with an authority to bind the Contractor. By: Type or print the name represented by the signature in "Contractor:" section. Title: Type or print the title of the person signing the certification. It is not the Department's intent for Contractor's to list as exceptions samples and results for which they are not responsible, such as verification and independent verification samples and test results. Additionally, the Department will accept printouts of the Sample Status Progress Report in LIMS, as an attachment to assist in documenting the status of samples. STATEMENT OF PAY RECORD (To be obtained prior to the first day workers are present on the project for any new Contractors /Subcontractors) CONTRACTOR /SUBCONTRACTOR NAME: Financial Project Number Period / Project Name Most Recent Pay Period Anticipated First Day of Project Activity: Circle A Day Of The Week: Pay List Example Dates of Period / Most Recent Pay Period Pay Date Circle A Day Of The Week: and Pay Date Example Pay Period Begin: BEGINS Sunday Monday Tuesday Wednesday Thursday Friday Saturday Example Pay Period End: ENDS Sunday Monday Tuesday Wednesday Thursday Friday Saturday Example Pay Date: PAY DATE Sunday Monday Tuesday Wednesday Thursday Friday Saturday All laborers employed or working upon the site of work of this Federal -Aid project will be PAID not less often than once per week. The Prime Contractor shall furnish their payrolls and the payrolls of all subcontractor(s) on a weekly basis. Payrolls are due within 7 days after the pay date for that contractor /subcontractor. Each payroll shall include: 1. Statement of Compliance 2. Payroll Record 3. Detail of all wage deductions by type and dollar amount FDOT Form No. 700 - 010 -60 may be used to submit Certified Weekly Payrolls. While this specific form is not required, ALL of the information requested on this form is required to be submitted. Timely submissions will be monitored based on the information provided. Provided by: Print Name Title Date This form is for contractors to identify their Affirmative Action and Equal Employment Opportunity procedures. It can be used by primes for their subcontractors on Federal -Aid projects of $10, 000.00 or more. Prime contractors must review for completeness and compliance of each subcontractor's self analysis upon receipt. Prime contractors will verify not less than annually that all subcontractors' EEO Se 'Analysis forms are a factual representation of their practices and procedures and maintain the results of said review on file for possible audit(s) conducted by FDOT or FHWA. The prime must attempt to reconcile all instances where EEO Noncompliance has been identified. DATE: FINANCIAL PROJECT NUMBER: FDOT CONTRACT NUMBER: CONTRACTOR CONTACT PERSON: _ CONTRACTOR NAME: CONTRACTOR ADDRESS: YEAR COMPANY WAS ESTABLISHED: FEDERAL TAX ID NUMBER: It is a State and Federal requirement that all companies assure females and minorities are employed when possible, and during their employment are all treated without regard to their race, color, sex, age, national origin, or disability. Such action shall include: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including: apprenticeships, and on-the-job-training. 1. Is your company and all of its key personnel aware of the equal employment opportunity requirements as set forth in Form FHWA 1273, "Required Contract Provisions in Federal -aid Construction Contracts" and the "Special Provisions "? 2. Are your EEO Policy and EEO Posters posted for employees to view? Where and how is it displayed? 3. Are all employee facilities on a non - segregated basis? (YES/NO) 4. Provide your EEO Officer Name /Address /Telephone Number: :III- TELEPHONE NUMBER: E.E. D. Contractor Compliance Analysis 5. Does the EEO Officer have adequate qualifications to carry out the EEO provisions of the contract? Does the EEO Officer have the authority to carry out the EEO provisions of the contract? 7. List all affiliated companies: (a) Name /Address: (b) Name /Address: 8. Is it the policy of this Company that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Veterans status, in the functions of hiring, placement, up- grading, transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitation for employment, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination, or treatment during employment. The Company has affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants? YES/NO 9. Are all members of your staff who are authorized to hire, supervise, promote, discipline and discharge employees, or recommend such actions, made fully aware of your company's EEO policy prior to the start of work on all Federal-aid projects? If meetings are held, summarize times and locations of such meetings provide list of attendees and items discussed. (MEETINGS MUST BE HELD PRIOR TO 1"7 WORK DAY, AT LEAST EVERY SLY (6) MONTHS, AND WITHIN 30 DAYS FOR NEW APPOINTEES) 10. Are new employees, both supervisory and hourly, informed of your company's EEO policy when they report for an interview or work? YES/NO How is this accomplished? EC TNIUENT,7� SEE ATTACHED EXAMPLES OF RECRUITMENT DOCUMENTATION THAT MAYBE OBTAINED 11. When advertising for employees, do your advertisements carry the notation "An Equal Opportunity Employer ", and are they carried in newspapers and publications that have a large circulation among women and minority groups? YES/NO (Specify papers or publications and attach a copy of the ads used). 2 E.E.O. Contractor Compliance Analysis 12. Are records kept of all individuals who apply for employment at the job site, including whether the applicants are female or minority? YES/NO 13. Does your company maintain a list of women and minority recruitment sources, provide notification to them when employment opportunities are available, and keep records of the organizations' responses? YES/NO (List recruitment sources and dates of contact.) 14. Is your company: UNION/NON -UNION 15. Do you rely solely on, or partly on, unions as a source of your work force? 16. How many women and/or minorities has the union referred for hiring? 17. Has your company made an effort to incorporate EEO clauses in all union agreements? YES/NO 18. Are current employees encouraged to refer women and minorities for employment? YES/NO 19. Are wages, working conditions, benefits, and all personnel actions established and administered on a nondiscriminatory basis? YES/NO 20. How often are inspections made to insure nondiscrimination in working conditions? Who makes these inspections? 21. How are employees instructed as to whom they can contact if they believe that discrimination has occurred? 22. How are investigations of complaints of discrimination conducted, and how are records kept of what action was taken? 23. How are employees informed of training programs available for upgrading themselves and what the entrance requirements are? 3 E.E.O. Contractor Compliance Analysis SUBCONT-WTIf t (�nclr�ding Bfirrlrn ie Agre�»te�Ls) 24. How are subcontractors informed of EEO requirements, and what steps are taken to assure compliance by the subcontractors? 25. Does your company try to utilize minority and women subcontractors or subcontractors with minority or women employees in their work force? YES/NO (Specify how) 1 "CO"� �E ORT,. 26. How are the records maintained to document the number of women and minorities employed in each work classification on a project? 27. How are the records maintained to document the progress being made in locating, hiring, training, qualifying, and upgrading women and minorities (including working with unions to achieve this)? 28. How are the records maintained to document the efforts and progress made in securing the services of women or minority subcontractors with women or minority employees in their work force? 29. Are all records retained for a period of three (3) years and available for review by the FDOT or the FHWA? YES/NO (Indicate the location of these records for review purposes) Signature Title Date 4 4-1 UJ \Zƒ o ca 277E 02 I aft g E o k @ $ cn mD m 7 �cc O EEE u MLU j m BE2 \ /tE S ��� tm 2s2 � \CD- CL 0» �$n % $20@ F= 0 O (D « ± 3: O CD N LL, m £ oLLJ /o Co m G G / f2 D «f / /p& w % / 2 t � ?f g2 0 E \ @� Q U@22 k k p 02 � 2 /OK U- a & _ oow= k2kk t § a 2f�, k wee_ M 0- a- - 01- > 7 LU MO ui e § � ' I c 2 m _ '_ § �b § �g2$ E . @ 2 W: ■ � £ - 2 t § 0 LA � �k�k .z >o %2 CL3 44 o \ 2 s f & c o �7 n �gkk o © o � 2 S S � r \/ 0 \nE U�\Z CL kk 0IL e cc k 0 � k g U- 0 0 U- 2 § k E CL / 2 C E L) 15 k 0 2 CL f 2 cl- o 277E g E o cn M 5. cn mD 2 \ 2 � tm � % F= « ± CD /o t � k k � k > 7 e § � 4 CL .z b @ 2 y c kf U� E 2 / 0 / \ § \ \ ( \ § § k ■ § � K § co \ CT in � \ 0 \ 2 E ) { \% `2 /» �E �k CD \E \k 2 0 @ C 0 � \ 6 E 2 k k E 2 $ CL k COLLIER COUNTY DAILY REPORT OF CONSTRUCTION Low Temp: JAV Conditions' FM Conditions High Temp:: ;, . ., Gbrrtrarto4s) I'Personne� °,. #1 Name Type I # I Hrs I Type I # Hrs Type # Hrs 1 Prime Superint: Foreman Skilled Semi- Skilled' Common Trainee- 2 Sub/Utility Superint Foreman Skdled; 'Semi-Skilled, Common Trainee 3 Sub /Utility Superint' Foreman, Skilled' Semi - Skilled Common ITrainee 4 Sub /Utility Superint Foreman I Skilled'. - Semi- Skilled I lCommon: _ Trainee COLLIER COUNTY DAILY REPORT OF CONSTRUCTION Date: JContract ID: Weekday Contract Day Tofal Days Page 2 of 3 EFFECT.S',OF WEATHER ON- MAJOR- andtor,, —C 3NTROLUNMWORKIITEK Major and /or Controlling Work Items No Effect All Day Affected <50% of Work Day Affected >50% of Work Day No Work All Day r r r r r r r r r r r r CQ�IiRAC!O&PAS'1= RERFORWANCE PURSUIT OF THE WORK: Yes f No CONFORMANCE WITH CONTRACT DOCUMENTS: r Yes r No EfOINEEfjftCHAEZGE NAME,, RANK &ILj�F. Date: DISTRIBUTION: Original - Project Engineer Copy - Contractor (as requested) CITY OF KISSIMMEE DAILY REPORT OF CONSTRUCTION General: EXHIBIT `P' DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as °Debarment and Suspension°) shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and/or suspend/debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared inefigible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is. ;^ : presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Names) and Ti le(s) of Authorized Representative(s) Name of Business Authorized Signatures) Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Copier County Purchasing Director. Names) and Titles) of Authorized Representatives) Name of Business Authorized Signature(s) Date . SAMPLE DBE /AA POLICY AND PLAN Contractors may adopt the attached Sample DBE /AA Policy and Plan as follows: 1. The following pages include a sample DBE /AA Plan. 2. If using this sample, be sure to place page one on company letterhead. 3. Mail original plan to FDOT for approval. 4. Submit a copy of FDOT Approval Letter and DBE /AA Plan with bid. i 0 275430-,1 EQUAL OPPORTUNITY OFFICE a2/08 INSTRUCTIONS FOR COMPLETING DBE/AA PLAN NOTE: THE DBE/AA PLAN MUST BE APPROVED BY THE EQUAL OPPORTUNITY OFFICE AND COMPLETED IN ACCORDANCE WITH CHAPTER 1478, FLORIDA ADMINISTRATIVE CODE DBE/AA PLANS DBEIAA Plans must be submitted by the prime contractor, be submimed on company leggerhead (first page only), signed by a company official, dated and contain all elements of an effective DBEIAA Plan (sample enclosed). Plans that do not most these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the compoWs DBE Liaison Officer and/or President. DBE /AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. MAIL PLANS TO: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, Florida 32MO-0450 Questions concerning the DBE/AA Plan may be directed to the Contract Comppance Section by calling (850) 414- 4747. DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT 27SQ'.0.11B EQUAL OPPORTUNITY OFFICE U7AB Pape 1 d 3 It is the policy of that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, FAC., shall have the opportunity to participate as subcontractors and suppliers on ait contracts awarded by the Florida Departrnent of Transportation. The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between the Florida Department of Transportation and Subcontractors and/or suppliers to will also be bound by the requirements of Rule Chapter 14-78 FA.C. and irs subcontractors shall take all necessary and reasonable steps in-accordance with Chapter 14-78, FAC_, to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. . and its subcontractors shag not discriminate on the basis of race, color, religion, national origin, disabiity, sex, or age in the administration of contracts with the Department of Transportation. has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. X X , President 275-030 -116 ECIM OPPORTUNITY OFFICE 02/08 Page 2 of 3 DESIGNATION OF LIAISON OFFICER win aggressively recruit disadvantaged businesses as subcontractors and suppliers for aft contracts with the Florida Department of Transportation. The Company has appointed a raison Officer to develop and maintain this Affirmiative Action Plan in accordance with the requirements of Rule Chapter 14-78, FAC. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shaft aggressively soficit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Officer's Name) (Your Company's Name) (Your Company's Address) (Phone Number for Liaison Officer) (Enter FEIN or Tax Id Number) 11. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: L' 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of to provide opportunity by utIIWng the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. win: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company, 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 275413()6118 EQUAL OPPORMN(TY OFFICE 02= Pape 3 d 3 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down dads into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirerents of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. understands that this list of affirmative action methods is not exhaustive and will include additional approaches_ after having established familiarity with the disadvantaged subcontracting community and /or determined the stated approaches to be ineffective. III. IMPLEMENTATION On contracts with specific DBE goals, will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company wig, as an expression of good faith, seek to uBize DBE subcontractors where work is to be subcontracted. IV. REPORTING shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Fkwrida Department of Transportation's requirements regarding payments to subcontractors including DBEs for each month (estunate period) in which the companies have worked. V. DBE DIRECTORY will utilize the DBE Directory published by the Florida Department of Transportation. The Company wig distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. SAMPLE EEO /AA POLICY AND PLAN Contractors may adopt the attached Sample EEO /AA Policy and Plan as follows: 1. Print Page 1 on company letterhead which indicates the company's name, mailing address, phone number, etc. 2. Complete the box at the top of Page 1. Print the company's name in the " space; next to "Date" print the month /day /year the policy is being signed; record the signature of the company's chief Executive Officer, President or Chairperson in the space next to "by" and Print the full first and last name and position title of the official signing the policy. 3. Complete Form 275 - 021 -13 to identify the company's EEO Officer. 4. Submit a copy of EEO /AA Plan and Form 275 - 021 -13 with bid. EEO /AA POLICY & PLAN PAGE 1 OF 6 hereafter referred to as `the Company' or this Company' has adopted this policy and plan Date: BV: Signature (President or CEO) ... . ......................... _ .............................................................. _ ....... _......... EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION EEO /AA POLICY AND PLAN EEO /AA POLICY STATEMENT It is the policy of this Company to comply and cooperate to the fullest extent with all applicable regulations of the Equal Employment Opportunity Provisions of the Civil Rights Act of 1964, Executive Order 11246, the Rehabilitation Act of 1973 (29 U.S.C. 793), the Americans with Disabilities Act (ADA) of June 26, 1990 and the Vietnam Era Veterans Readjustment Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this Company is concerned, to any arrangement under which employees, including trainees, are selected for work. It is the policy of this Company not to discriminate against any employee or applicant for employment because of race, religion, color, age, sex, and national origin, disabilities or Vietnam Era and Special Disabled Veterans status. This Company will take affirmative action to assure an equal employment opportunity to all qualified persons, and that employees are treated equally during employment without regard to their race, religion, color, age, sex, national origin, 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. Recruitment and recruitment advertising 3. Layoff or termination 4. Rate of pay or other forms of compensation 5. Selection for training, including apprenticeship, pre - apprenticeship and /or on- the -job training. EEO OFFICER DUTIES It is the policy of this Company to continuously maintain the appointment of an Equal Employment Opportunity. Officer (EEO Officer). The name and contact information for the EEO Officer will be communicated along with this policy. The EEO Officer has responsibility 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. EEO /AA POLICY & PLAN PAGE 2 OF 6 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 will make recommendations, where appropriate, to correct any deficiencies found in the Company's program. The EEO Officer will ensure that this policy and plan are being carried out. EEO /AA PLAN It is the policy of this Company that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Veterans status, in the functions of hiring, placement, up- grading, transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitation for employment, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination, or treatment during employment. The Company has affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants. We will not use goals, timetables or affirmative action standards to discriminate against any person because of their race, religion, color, age, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's status. This Company shall take specific affirmative actions to ensure equal opportunity. Our compliance with this policy and plan shall be based upon our efforts to achieve maximum results from our actions and we shall document our efforts fully. This Company will implement specific affirmative action steps, at least as extensive as the following actions to ensure equal employment opportunity: Ensure and maintain a working environment free of harassment, intimidation, and coercion at all times and in all facilities at which our employees are assigned to work. We shall specifically ensure that all foremen, superintendents and other on -site supervisory personnel are aware of and carry out our obligations to maintain such a working environment. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when we have employment opportunities available, and maintain a record of the organization's responses. Maintain a current file of the names, addresses 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. EEO /AA POLICY R PLAN PAGE 3 OF 6 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 when we have other information that the union referral process has impeded our efforts to meet our obligations. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Company's employment needs, especially those programs funded or approved by the Department of Labor. We shall provide notice of these programs to the sources complied under "2" above. Disseminate the company EEO policy 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 any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the Company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc. prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Company EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and proving written notification to and discussing the company EEO policy with other contractors and subcontractors with whom the company does or anticipates doing business. 9. Direct our recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to female recruitment and training organizations serving our recruitment area and our employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, we shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 10. We will encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth, both on the site and in other areas of our workforce. EEO /AA POLICY & PLAN PAGE 4 OF 6 11. Validate all test and other selection requirements where there is an obligation to do so under 41 CFP Part 60 -3. 12. Conduct at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to prepare for, through appropriate training, etc. such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and our obligations under these specifications are being carried out. 14. Ensure that all facilities and company activities are non - segregated except that separate or single -user toilets and necessary changing facilities shall be provided to assure privacy between the sexes. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the company EEO policies and affirmative action obligations. RECORDS This company will keep records to monitor all employment related activity to ensure that the company's EEO policy is being carried out. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates and changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. REPORTING OF COMPLAINTS If at any time anyone feels he or she has been discriminated against because of sex, race, religion, color, age, national origin, disabilities or Vietnam Era and Social 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 such complaints, corrective actions to be taken and will then follow up on actions taken and their effect. If the investigation indicates that the discrimination may affect persons other that the complainant, such corrective actions shall include such other persons. Upon completion of each investigation, the EEO Officer will inform every complainant of all of his or her avenues of appeal. The addresses shown below are such avenues for appeals. EEO /AA POLICY & PLAN PAGE 5 OF 6 Company EEO Officer See name and contact information subsequently shown or posted. Florida Commission on Human Relations 2009 Apalachee Parkway, Tallahassee, Fi 32303 -4102 850 488 -7082 or 800 342 -8170 U.S. Dept. of Labor, Regional Director U.S. Federal Highway Administration Office of Federal Contract Compliance 545 John Knox Road Suite 200 61 Forsyth Street, SW, Room 7B -75 Tallahassee, FL 32303 Atlanta, GA 30303 404 - 562 -2424 850 942 -9650 U.S. Equal Employment Opportunity U.S. Equal Employment Opportunity Commission Commission Miami District Office Tampa District Office One Biscayne Tower, Suite 2700 501 East Polk Street, Suite 1020 Miami, FL 33131 Tampa, FL 33602 800 669 -4000 800 669 -4000 -end: EEOIAA Poiicy Vlan- EEO OFFICE DESIGNATION: ACCOMPANYING EEO /AA POLCY & PLAN PAGE 6 OF 6 has made the following designation in accordance with the EEO /AA Policy and Plan. Date: By: EQUAL EMPLOYMENT OPPORTUNITY OFFICER: EEO OFFICER NAME: ADDRESS: PHONE: Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO/AA Requirements Section 4.2 JOB SITE BULLETIN BOARD 4.2.1 Purpose Prime contractors are responsible for the job site installation and maintenance of a fixture for the display to all workers and the public, of information on various rights, protections and appeals. The phrase "job site bulletin board" includes the fixture and its contents. 4.2.2 Location The job site bulletin board is located in a prominent and accessible site within the limits of the project. This site is readily and safely accessible to the employees of every contractor on the project; walk up access to the display area is to be maintained. Over the course of the project, work conditions may necessitate relocation. Placement of the job site bulletin board outside of project limits requires prior approval of the District Contract Compliance Manager. 4.2.3 Timeframe The job site bulletin board is in place during the life of a project while there are workers on the project. Installed Removed On or before workers When workers are first appear at the project. No longer on the project. This is usually the project This is usually the project start work date conditional or final acceptance date 4.2.4 Fixture The prime contractor determines the size and style of the fixture. There is no minimum required display space or standard style. The size of the posting area, however, should be sufficient to allow for single layout (versus overlap) of documents. The fixture may be ready -built or custom made. Attachment 4 -2 -10 contains Project Site Bulletin Board Sample Layouts and Dimensions. Job Site Bulletin Board Page 4 -2 -1 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements A clear, break - resistant protective cover should be placed over the documents to minimize fading, water damage and vandalism. Covers, which are easily removable, facilitate document changes and the replacement of damaged covers. 4.2.5 Content The contractor is to post a maximum of five (5) standard posters plus three (3) project specific posters for compliance with FDOT requirements. The U.S. Department of Labor requires three additional posters. Projects which are funded by the American Recovery and Reinvestment Act (ARRA) require one additional poster: the ARRA Whistleblower's Poster. A summary of the content for the job site bulletin boards is shown in Table 4.2.5. Contractors are encouraged to display, where feasible, non English versions of the posters. The completion and maintenance of data on project specific posters is the prime contractor's responsibility. Lamination or plastic page protectors are recommended for each document. The three (3) non standard bulletin board documents, customized to the project, identify EEO Officer's names and contact information, the prevailing wage table(s) for the project, and additional wage decisions obtained for the project. Each of these documents may be more than one page long. Refer to Section 1.4, "Directory of Compliance Related Websites" for the FDOT Equal Opportunity Office website where the posters are available for downloading. Several of these posters are also available from other organizations in different sizes, formats and languages. Contractors are hereby advised that the USDOL and other federal, state or local government agencies may require employers to post additional documents at their offices and /or work sites. The job site bulletin board may also be used to display other documents of general relevance to the project and its employees such as environmental permits, worker's compensation rights, safety, etc. 4.2.6 Poster of EEO Policy and Officer The Poster of EEO Policy and Officers (Form No. 275 - 020 -28) includes a brief statement of the EEO Policy adopted by the contractors, advises that the policy may be obtained by contacting the companies, and identifies to workers the EEO Officer for the prime and each subcontractor having a subcontract of $10,000 or more. The EEO Officer information is to be kept up -to date during the term of the project. Job Site Bulletin Board Page 4 -2 -2 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements Table 4.2.5 Content of Job Site Bulletin Boards FDOT STANDARD POSTERS EEO Is The Law Florida Law Prohibits Discrimination Notice Important Wage Determination Appeal Process FDOT PROJECT SPECIFIC POSTERS Poster of EEO Policy & Officers Wage Rate Decisions Additional Wage Determinations U.S. DEPT. OF LABOR POSTERS Employee Rights & Responsibilities under Family & Medical Leave Act OSHA: Safe and Healthful Workplace Rights (English) Employee Polygraph Protection ADDITONAL POSTER IF PROJECT IS FUNDED BY `ARRA': American Recove and Reinvestment Act of 2009 Whistleblower's Know Your Rights ARRA projects only) Poster 4.2.6.1 Directions for Completing the Poster of EEO Policy and Officer Poster (Form No. 275 - 020 -28) The prime contractor is responsible for completing this form. Record the project identification at the top of each page. Type or print the company name, EEO Officer, mailing address and telephone number including area code of the prime contractor, and each subcontractor with a contract of $10,000 and above. Subcontractor data is posted as subcontracts are entered into and it remains posted until the bulletin board is removed from the project site. The Poster of EEO Policy and Officers' form includes a second page for listing additional companies and as many second pages should be completed and posted as necessary. Fully display each page of this form on the job site bulletin board. Do not overlap or stack these pages. For ease of update, retain a copy of the posted form to add or update information. Job Site Bulletin Board Page 4 -2 -3 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements 4.2.7 Wage Rate Decision Poster(s) General Wage Determinations (also known as "wage tables" and /or "wage rate decisions ") are documents issued by the U.S. Department of Labor stating the minimum hourly rate (and fringe benefit rate if applicable) for individual job classifications for a specified type of work within specified county(ies) of the project. The contract document section titled "WAGE RATES FOR FEDERAL -AID PROJECTS" cites the specific wage rate decision number(s) (e.g. FL -307) and states that the version of the wage rate decision in effect is the one whose modification date is ten or more days prior to the opening of bids (also known as the contract letting date). Some contracts may state more than one wage rate decision number; each wage rate decision is posted. Wage decisions may be posted exactly as downloaded or they may be reformatted for ease of reading and display. Refer to Workbook Section 1.4 Directory of Compliance Related Websites for the State Construction Office website where the wage rate decisions are available for downloading. 4.2.8 Additional Federal Wage Decisions Poster Additional Federal Wage Rate Decisions poster (Form No. 700 - 010 -67) records the minimum hourly rate (and fringe benefit rate if applicable) for each additional job classification requested on the project. It includes the decisions obtained by all contractors on the project and it is to be maintained during the term of the project. This poster eliminates the need to post individual U.S. Department of Labor wage rate decision letters. 4.2.8.1 Directions for Completing the Additional Federal Wage Decisions Poster (Form No. 700 - 010 -67) The prime contractor is responsible for completing this form for the project and posting it on the job site bulletin board. Type or print the financial project number, county, each wage decision number and modification number. Record the classification, rate and fringe data decisions issued by the FDOT Prevailing Wage Rate Coordinator. For ease of update, retain a copy of the posted form and add additional wage decisions as issued. Contractors may waive the construction job site posting of individual wage decision letters when this form is posted. 4.2.9 Wage Determination Appeals Poster Information on how to file an appeal to wage decision is included at the end of each wage rate decision. This information has been recreated as a separate poster. When Job Site Bulletin Board Page 4 -2 -4 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements the poster is displayed, the appeal information may be deleted from the individually posted wage rate decisions. 4.2.10 Inspecting Bulletin Board Content and Condition Periodic inspections of the job site bulletin board are performed during the term of the project. Content and condition factors are reflected in the FDOT form titled "Inspection Report for Job Site Bulletin Board (Form No. 275 - 021 -10). Attachment 4 -2 -10 JOB SITE BULLETIN BOARDS: SAMPLE LAYOUTS & DIMENSIONS EXAMPLE 1 Project with Multiple Wage Decisions Sample Layout and Dimensions The following layout requires a minimum display space 48" wide and 48" high. Documents are displayed in four rows with each of the five standard posters placed on the top row. One -half inch is allowed around each side of the document. This sample shows two wage decisions (Highway and Heavy) each with two pages. There is space for at least five optional documents. The wide bold lines denote the actual bulletin board posting space. STANDARD POSTERS PROJECT BOARD SPECIFIC HEIGHT. POSTERS- 48 inches PROJECT SPECIFIC POSTERS- U.S. DOL POSTERS - ROARI) WIDTH• dR" Inchac EEO IS THE FL LAW IMPORTANT WAGE LAW PROHIBITS NOTICE DETERMINATION DISCRIMINATION APPEALS POSTER OF POSTER OF EEO HIGHWAY HIGHWAY ADDITIONAL EEO POLICY POLICY & DECISION DECISION WAGE & OFFICERS OFPG2RS PG 1 PG 2 DECISIONS PG 1 (FDOT FORM) PG 1 if ARRA funded HEAVY HEAVY WATER- WATER- WHISTLE - DECISION DECISION SEWER SEWER BLOWERS PG 1 PG 2 DECISION DECISION ARRA PROJECT PG 1 PG 2 ONLY) EMPLOYEE OSHA SAFE & RIGHTS /RESP HEALTHFUL EMPLOYEE .FAMILY & WORKPLACE POLYGRAPH MEDICAL PROTECTION LEAVE Job Site Bulletin Board Page 4 -2 -5 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements Attachment 4- 2- 10- (continued) JOB SITE BULLETIN BOARDS: SAMPLE LAYOUTS & DIMENSIONS EXAMPLE 2 Project with One Wage Decision Sample Layout and Dimensions The following layout requires a display space 48" wide and 36" high (or 48" on ARRA funded projects). Documents are displayed in three rows with each of the five standard posters placed on the top row. One -half inch is allowed around each side of the document. The sample shows one wage decision on two pages. There is space for at least five optional documents. The wide bold lines denote the actual bulletin board posting space. BOARD WIDTH: 48" Inches (STANDARD POSTERS) EEO IS THE LAW FL LAW PROHIBITS DISCRIMINATION NOTICE IMPORTANT WAGE DETERMINATION APPEALS BOARD PROJECT SPECIFIC POSTER OF POSTER OF HIGHWAY HIGHWAY ADDITIONAL HEIGHT: POSTING EEO POLICY EEO POLICY & DECISION DECISION WAGE DECISIONS &OFFICERS OFFICERS PG 1 PG 2 (FDOT FORM) 36 inches PG 1 PG 2 PG 1 U.S. DOL EMPLOYEE (if ARRA funded) POSTERS RIGHTSIRESP OSHA SAFE & EMPLOYEE WHISTLE- (& ARRA .FAMILY & HEALTHFUL WORKPLACE POLYGRAPH BLOWERS POSTER ) MEDICAL (Enlish) g PROTECTION ( ARRA LEAVE PROJECT ONLY Job Site Bulletin Board Page 4 -2 -6 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements Section 4.3 EEO INFORMATION FOR PROJECT PERSONNEL 4.3.1 Purpose Contractors are to routinely inform their project employees of their equal employment opportunity (EEO) civil rights, the contractor's policies, procedures and various wage /payroll protections. This information is presented in meetings and through other appropriate means such as employee handbooks, notices and posters. 4.3.2 Means of Communication Contractors may present information to project personnel regarding the EEO policy and procedures in one or more of a variety of means: ■ Issuance of employee handbooks that include the EEO policy and procedure. ■ Placement of notices or posters describing the EEO policy and procedure. ■ Conducting meetings describing the EEO policy and procedures. ■ Other communication methods. In selecting communication methods, contractors are encouraged to consider the rapidity with which their workforce turns over, the primary and secondary language of project personnel, average reading levels of personnel, and any need for addressing project specific information, such as wage rates and job site bulletin boards, etc. 4.3.3 Who is Included in Project Personnel Project personnel include all of the contractor's full time and part time craft and laborer employees working on the project. Temporary workers and workers from a staffing firm who are working as craft or laborer employees for the contractor are considered project personnel and communications are to be extended to them. Persons classified as journeymen /women, On- the -Job trainees and apprentices and working foremen /women in any of the following job categories are included in the meeting. equipment operators mechanics truck drivers ironworkers carpenters cement masons electricians pipe fitters /plumbers painters semi - skilled laborers unskilled laborers EEO Information for Project Personnel Page 4 -3 -1 Florida Department of Transportation January 2011 EEO Construction Contract Compliance Workbook Chapter 4: Project EEO /AA Requirements 4.3.4 Project Personnel EEO Meetings Informational meetings conducted at the project site have served as the traditional means of communicating EEO policy and procedure information to project personnel. The meeting leader is a person who is knowledgeable in the topics to be addressed and one who has attended their company's most recent Supervisory and Office Personnel EEO Meeting. The following major topics are typically addressed at a Project EEO Meeting: EEO Policy and Affirmative Action Plan Identification of EEO Officer Workforce Diversity and Recruitment Wages and Payrolls Location & Content of Bulletin Boards Interviews by State and Federal Representatives Training Opportunities Complaints Disadvantaged Business Enterprise (DBE) Utilization. Meeting leaders are encouraged to develop an outline of subjects that will typically be covered in each of the topics; this can form the foundation for the contractor's development of full meeting scripts and fosters full coverage of each topic. 4.3.5 Meeting Records FDOT Form 275 - 021 -06, "Record of Project EEO Meeting ", may be used to document project personnel communications by means of meetings. 4.3.5.1 Directions for Completing "Record of Project EEO Meeting" (Form number 275 - 021 -06) General: Use one form for documenting each meeting. Attach additional copies for signatures, if needed. Box 1: Company's official name. Box 2: Record the Financial Project Number. Box 3: Month, day and year the meeting was held. Box 4: Company's Federal Identification Number or FDOT vendor number. Box 5: First and last name of person conducting meeting and their job title. Box 6: Indicate if the Company is the prime contractor or subcontractor on the project. Box 7: Description of where the meeting was held (e.g. project site next to bulletin board). Box 8: Signature of meeting leader - certifying meeting. Box 9: Informational Box 10: Attendees of the meeting print their full name and record their signature confirming meeting attendance. EEO Information for Project Personnel Page 4 -3 -2 BULLETIN BOARD INSPECTION SECTION 5 TAKE ONE PICTURE OF ENTIRE BULLENTIN BOARD Equal Employment Opportunity is THE LAW Employers Holding Federal OFCCP regional or district office listed in most telephone investigate your complaint and to protect directories under U.S. Government, Department of Labor. For your right to file a private lawsuit, you Contracts or Subcontracts individuals with hearing impairment, OFCCP's TTY number is should immediately contact. The U.S. Applicants to and employees of companies with 202- 693 -1337. Equal Employment Opportunity a Federal government contract or subcontract Private Employment, State and Local Commission (EEOC), Washington, D.C. are protected under the following Federal 20507 or an EEOC field office by calling authorities Governments, Educational Institutions, toll free 1 -800) - 669 -4000. For individuals RACE, COLOR, RELIGION, SEX, Employment Agencies and Labor with hearing impairments, EEOC's toll NATIONAL ORIGIN Organizations free TTY number is 1 -(800) 669 -6820 Executive Order 11246, as amended, prohibits Applicants to and employees of most private employers, state Programs or Activities job discrimination on the basis of race, color, and local governments, educational institutions, employment Receiving Federal religion, sex or national origin, and requires agencies and labor organizations are protected under the Financial Assistance affirmative action to ensure equality of following Federal laws: opportunity in all aspects of employment. RACE, COLOR, RELIGION, SEX, NATIONAL RACE, COLOR, NATIONAL INDIVIDUALS WITH ORIGIN ORIGIN, SEX DISABILITIES Title VII of the Civil Rights Act of 1964, as amended, prohibits In addition to the protection of Title VII of Section 503 of the Rehabilitation Act of 1973, discrimination in hiring, promotion, discharge, pay, fringe the Civil Rights Act of 1964, as amended, as amended, prohibits job discrimination benefits, job training, classification, referral, and other aspects of Title VI of the Civil Rights Act prohibits because of disability and requires affirmative employment, on the basis of race, color, religion, sex (including discrimination on the basis of race, color action to employ and advance in employment pregnancy and sexual harassment) or national origin. Religious or national origin in programs or activities with qualified individuals with disabilities who, discrimination includes failing to reasonable accommodate an receiving Federal financial assistance. with reasonable accommodation, can perform employee's religious practices where the accommodation does Employment discrimination is covered by the essential functions of a job not impose undue hardship. Title VI if the primary objective of the VIETNAM ERA AND SPECIAL DISABILITY financial assistance is provision of DISABLED RECENTLY Title I and Title V of the American with Disabilities Act of 1990 employment, or where employment discrimination may cause (ADA), as amended, protects qualified applicants and causes or SEPARATED, AND OTHER employees with disabilities from discrimination in hiring, discrimination in providing P 9 services under PROTECTED VETERANS promotion, discharge, pay, job training, fringe benefits, such programs. Title IX of the Education The Vietnam Era Veterans Readjustment classification referral and other aspects of employment on the Amendments of 1972 prohibits Assistance Act of 1974, as amended,38 U.S.C., basis of disability. The law also requires that covered entities employment discrimination on the basis 4212, prohibits job discrimination and requires provide qualified applicants and employees with disabilities with of sex in educational programs or receive Federal affirmative action to employ and advance in reasonable accommodations, unless such accommodations activities which employment qualified Vietnam era veterans, would impose an undue hardship of the employer. assistance. qualified special disabled veterans, recently AGE INDIVIDUALS WITH separated veterans, and other protected The Age discrimination in Employment Act of 1967, as DISABILITIES veterans. A recently separated veteran is any amended, protects applicants and employees 40 years of age or Section 504 of the Rehabilitation Act of veteran during the three -year period beginning older from discrimination on the basis of age in hiring, 1973,as amended, prohibits employment on the date of such veteran's discharge or promotion, discharge, compensation, terms, conditions or discrimination on the basis of disability in release from active duty in the U.S. military, privileges of employment. any program or activity which receive ground, naval or air service. SEX (WAGES) Federal financial assistance in the federal RETALIATION In addition to sex discrimination prohibited by Title VII of the Civil government, public or private agency. Retaliation is prohibited against a person who Rights Act of 1964, as amended, the Equal Pay Act of 1963, as Discrimination is, rohibited in all as ects P P files a charge of discrimination, participates in amended, prohibits sex discrimination in payment of wages to of em to ment a ainst ersons with an OFCCP proceeding, or otherwise opposes women and men performing substantially equal work, in jobs disabilities who, or without reasonable discrimination under these Federal Laws. that require equal skill, effort and responsibility under similar accommodation perform the essential Any person who believes a contractor has working conditions, in the same establishment. function of a job. violated its nondiscrimination or affirmative action obligations under the authorities above RETALIATION If you believe you have been should contact immediately: Retaliating is prohibited against a person who files a charge of discriminated against in a program of any discrimination, participates in a discrimination proceeding, or institution which receives Federal The Office of Federal Contract Compliance otherwise opposes discrimination under these Federal laws. assistance, you should contact Programs ( OFCCP) Employment Standards immediately the Federal agency providing Administration, U.S. Department of Labor, 200 If you believed that you have been discriminated against under such assistance. Constitution Avenue, N.W. Washington, D.C. any of the above laws, and to ensure that you meet strict 20210 or Call (202) 693 -0101, or call an procedural timelines to preserve the ability of EEOC to Publication OFCCP 1420, Revised August 2008 FLORIDA LAW PROHIBITS DISCRIMINATION PROHIBE DISCRIMINACION BASADA EN: RAZA, COLOR, RELIGION, SEXO, ORIGEN NACIONAL, INCAPACIDAD, EDAD, O ESTADO CIVIL LO QUE ESTA CUBIERTO BAJO LA LEY: • EMPLEO • LUGARES DE ACOMODO PUBLICO • ACCION VENGATIVA DESPUES DE PRESENTAR UN QUEJA • ACCION VENGATIVA EN CONTRA DE U TRABAJADOR PUBLI O, DESPUES DE PRESENTAR UNA QUEJA BAJO LA LEY DE "SOPLON" (WHI TLE- BLOWER) Si usted siente que ha sido discriminado, visite nuestra pagina web 'o Ilamenosl LA CCUMM DE S 'DAKAS DE LA FZOA 2009 Apaiachee Parkway, Suite 200, Oakland Building Tallahassee, Florida 323201 -4857 http: / /FCHR.state. fl, us Telefono: ( 850) 488 -7082 Correo de Voz 1- 800 -342 -8170 0 -oft, U.S. Department of Transportation Federal Highway Administration NOTICE The highway construction underway at this location is a Federal or Federal -aid project and is subject to applicable State and Federal laws, including Title 18, United States Code, Section 1020, which reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm or corporation, knowingly makes any false statement, false representation or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any highway or related project submitted for approval to the Secretary of Transportation; or Whoever, knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to the provision of the Federal Aid Road Act approved July 11, 1916 (39 Stat. 355) as amended and supplemented, Shall be fined under this title or imprisoned not more than five years, or both." Any person having reason to believe this statute is being violated should report the same to the agency representative(s) named below, (Federal -Aid & non Federal Aid Projects (Both Federal and Federal Aid Projects) (Both Federal and Federal Aid Projects) Fl. Dept. Of Transportation U.S. Dept. of Federal Highway Administration David Sadler Transportation Martin C. Knopp Director, Office of Construction Division Administrator 605 Suwannee St. Toll -free Hotline for 545 John Knox Rd., Suite 200 Tallahassee, Fl 32399 -0450 Fraud, Waste & Abuse Tallahassee, F132303 (850) 414 -4150 1- 800 - 424 -9071 (850) 942 -9650 FHWA -1022 (FDOT) Updated 2008 U.S. Department of U.S. Department Transportation of Labor Wage Rate Information Federal -Aid Highway Project Construction work on this project is subject to the minimum wage rate, provisions of Section 113, Title 23, Untied States Code and the overtime provisions of the Contract Work Hours and Safety Standards Act. As an employee of the contractor or subcontractor, you are entitled to be paid not less than the hourly rate for the particular classification of work performed as set forth in the schedule affixed below. The schedule affixed below contains no minimum wage rates for the following employees: 1. Apprentices properly registered under approved Federal or State apprenticeship programs. Each Approved program contains the applicable rates. 2. Persons employed pursuant to apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal Aid Highway construction program. Programs thus certified will set forth the rates applicable. Call any failure to receive the required rates to the attention of the representative of the contracting agency shown below to the nearest representative of the Federal Highway Administration. Repmsenkdve for flodda Depa&nenf of Trcmpod Wffon: David Sadler Director, Office of Construction Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 -0450 850 - 414 -4150 Additional information may be obtained from the Federal Highway Administration, Washington, D.C. 20590. Any communication should list the name, location and type of project, the name of the contractor and his address, your name and address, and a statement of what you do, what rate you are paid, and what rate you think you should be paid. Updated 10/05 Federal Wage Rate Table(s) WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4,.) All decisions by the Administrative Review Board are final. —END OF GENERAL DECISION -- BULLETIN BOARD INSPECTION SECTION 6 General Decision Number: FL100310 11/18/2011 FL310 Superseded General Decision Number: FL20080310 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 11/18/2011 * ELEC0349 -008 09/05/2011 Rates Fringes ELECTRICIAN ......................$ 27.15 8.64 ---------------------------------------------------------------- SUFL2009 -207 08/05/2009 http:// www. wdol. gov /wdol /scafiles /davisbacon/FL3 ]0.dvb[12 /15/2011 10:40:04 AM] Rates Fringes CARPENTER ........................$ 15.30 2.54 CEMENT MASON /CONCRETE FINISHER ... $ 12.30 0.00 HIGHWAY /PARKING LOT STRIPING: Operator (Striping machine) ..... $ 11.97 2.23 HIGHWAY /PARKING LOT STRIPING: Painter .........................$ 13.31 0.00 IRONWORKER, REINFORCING .......... $ 14.50 1.37 IRONWORKER, STRUCTURAL ........... $ 16.75 3.88 LABORER: Asphalt Shoveler ....... $ 10.70 0.00 LABORER: Common or General ...... $ 10.19 1.55 LABORER: Flagger ................$ 12.75 0.00 LABORER: Grade Checker .......... $ 10.50 0.55 LABORER: Landscape and Irrigation .......................$ 8.77 0.00 LABORER: Luteman ................$ 10.32 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.00 1.80 LABORER: Pipelayer ..............$ 11.63 2.65 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws ........ $ 11.23 1.96 OPERATOR: Asphalt Paver ......... $ 11.52 0.00 OPERATOR: Asphalt Plant ......... $ 12.20 0.00 OPERATOR: Asphalt Spreader ...... $ 10.76 0.00 OPERATOR: Auger .................$ 19.40 0.44 OPERATOR: Backhoe Loader Combo ............................$ 15.33 0.97 OPERATOR: Backhoe /Excavator ..... $ 15.50 2.28 OPERATOR: Boom ..................$ 16.61 0.00 OPERATOR: Bulldozer .............$ 13.71 1.55 OPERATOR: Crane .................$ 19.94 1.37 http:// www. wdol. gov /wdol /scafiles /davisbacon/FL3 ]0.dvb[12 /15/2011 10:40:04 AM] OPERATOR: Distributor ........... $ 11.47 0.00 OPERATOR: Drill .................$ 13.00 1.59 OPERATOR: Grader/Blade .......... $ 14.32 0.00 OPERATOR: Loader ................$ 12.83 1.29 OPERATOR: Mechanic ..............$ 16.31 1.37 OPERATOR: Milling Machine ....... $ 11.92 0.00 OPERATOR: Oiler .................$ 11.92 1.91 OPERATOR: Paver .................$ 12.42 0.86 OPERATOR: Piledriver ............ $ 15.59 4.00 OPERATOR: Roller ................$ 11.14 0.00 OPERATOR: Scraper ...............$ 10.70 1.60 OPERATOR: Screed ................$ 10.82 0.00 OPERATOR: Tractor ...............$ 12.78 0.00 OPERATOR: Trencher ..............$ 13.41 0.49 PAINTER: Spray and Steel ......... $ 16.62 0.00 TRUCK DRIVER: 10 Yard Haul Away Truck .......................$ 12.50 0.00 TRUCK DRIVER: Distributor ....... $ 11.30 2.26 TRUCK DRIVER: Dump Truck ........ $ 10.05 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 14.05 0.00 TRUCK DRIVER: Material Truck .... $ 12.76 9.80 TRUCK DRIVER: Tractor Haul Truck ............................$ 10.64 0.00 TRUCK DRIVER: Water Truck ....... ------------------------------------------------------- $ 10.50 0.00 --- - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------- - - - - -- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination http:// www. wdol. gov/ wdol/ scafiles /davisbacon/FL310.dvb[12 /15/2011 10:40:04 AM] • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// www. wdol. gov /wdol /scafiles /davisbacon/FL3 ]0.dvb[12 /15/2011 10:40:04 AM] BULLETIN BOARD INSPECTION SECTION 7 Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job - protected leave to eligible employees for the following reasons: • For incapacity du, to pregnancy, prenatal medical care or child birth; • To care for the employee's child after birth, or placement for adoption or foster care; • To care for the employee's spouse, son or daughter, or parent, who has a serious health a indition; or • For a serious health condition that makes the employee unable to perform the employee's job. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty statu s in the National Guard or Reserves in support of a contingency operation may use their 12 -week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post- deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up ti 1 26 weeks of leave to care for a covered servicemember during a single 12 -month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employxl by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that c evolves either an overnight stay in a medical care facility, or continuing t reatment by a health care provider for a condition that either prevents the employee flout performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daih activities. Subject to terrain cond itions, the continuing treatment requirement may be met by a period of inca pacify of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave - An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call -in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will he designated as FMLA - protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLA - protected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: • Interfere with, restrain, or deny the exorcise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the U.S Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the teat of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures. 3 AWHI It's the Law! N el Trabajc) s. E e EMPLOYEES: EMPLEADOS: You have the right to notify your employer or Usted tiene el derecho de notificar a su empleador o a la OSHA OSHA about workplace hazards. You may ask sobre peligros en el lugar de trabajo. Usted tambien puede pedir OSHA to keep your name confidential. que la OSHA no revele su nombre. You have the right to request an OSHA inspection Usted tiene el derecho de pedir a la OSHA que realize una if you believe that there are unsafe and unhealthful inspeccion si usted piensa que en su trabajo existen condiciones conditions in your workplace. You or your peligrosas o poco saludabies. Usted o su representante pueden representative may participate in that inspection. participar en esa inspeccion. You can file a complaint with OSHA within 30 days Usted tiene 30 dias para presentar una queja ante la OSHA si su of retaliation or discrimination by your employer for empleador Ilega a tomar represaiias o discriminar en su contra making safety and health complaints or for por haber denunciado la condicion de seguridad o salud o por exercising your rights under the OSH Act. ejercer los derechos consagrados bajo is Ley OSH. You have a right to see OSHA citations issued to Usted tiene el derecho de ver las citaciones enviadas por la OSHA your employer. Your employer must post the a su empleador. Su empleador debe colocar las citaciones en el citations at or near the place of the alleged lugar donde se encontraron las supuestas infracciones o cerca del violation. mismo. Your employer must correct workplace hazards by Su empleador debe corregir los peligros en el lugar de trabajo the date indicated on the citation and must certify para la fecha indicada en la citacion y debe certificar que dichos that these hazards have been reduced or ? peligros se hayan reducido o desaparecido. eliminated. You have the right to copies of your medical records and records of your exposure to toxic and harmful substances or conditions. Your employer must post this notice in your workplace. You must comply with all occupational safety and health standards issued under the OSH Act that apply to your own actions and conduct on the job. EMPLOYERS: You must furnish your employees a place of employment free from recognized hazards. You must comply with the occupational safety and health standards issued under the OSH Act. Free assistance in identifying and correcting hazards or complying with standards is available to employers, without citation or penalty, through OSHA - supported consultation programs in each state. Usted tiene derecho de recibir copias de su historiAL o registro m6dico y el registro de su exposicion a sustancias o condiciones toxicas o daninas. Su empleador debe colocar este aviso en su lugar de trabajo. Usted debe cumplir con todas las normas de seguridad y salud ocupacionafes expedidas conforme a la ley OSHA que sean aplicables a sus propias acciones y conducta en el trabajo. EM PLEADO RES: Usted debe proporcionar a sus empleados un lugar de empleo libre de peligros conocidos. Unted debe cumplir con las normas de seguridad y salud ocupacionales expedidas conforme a la Ley OSHA. Los empleadores pueden obtener ayuda gratis para identificar y corregir las fuentes de peligro y para cumplir con las normas, sin citadon ni multa, por medio de programas de consulta respaldados por la OSHA en cada estado del pais. OSHA 3165- 12 -06R U.S. DEPARTMENT OF LABOR EMPLOYEMEN r STANDARDS ADMINISTRATION Wage and Hour Division Washington, D.0 20210 NOTICE EMPLOYEE POLYGRAPH PROTECTION ACT CtI The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre - employment screening or during the course of employment. PROHIBITIONS (Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act. EXEMPTIONS*. Federal, State and local governments are not affected by the law. Also, the law does not apply to test given by the Federal Government to certain private individuals engaged in national security- related activities. The Act permits polygraph ( a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer EXAMINEE RIGHTS Where polygraph tests are permitted, they are subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons. ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to $10,000 against violators. Employees or job applicants may also bring their own court actions. ADDITIONAL INFORMATION Additional information may be obtained, and complaints of violations may be filed, at local offices of the Wage and Hour Division, which are listed in the telephone directory under U.S. Government, Department of labor, Employment Standards Administration. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT * T he law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests. U.S. DEPARTMENT OF LABOR Wage and Hour Division WH Publication 1462 EMPLOYEMENT STANDARDS Washington, D.C. 20210 September 1988 ADMINISTRATION BULLETIN BOARD INSPECTION SECTION 8 TAKE ONE CLOSE UP PICTURE OF THIS FORM (EEO OFFICER INFO) Form No, 275020 -28 Equal Opportunity 04/10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL EMPLOYMENT OPPORTUNITY ('EEO') POLICY & OFFICERS PROJECT Financial Project No. F.A.P. No. Contract No. County Prime Contractor oThe�ime POLICY DECLARATION contractor and each subcontractor having a Contract of $10,000 or more on this project have accepted the following operating policy. A copy of the full policy may be obtained by contacting the contractor's EEO Officer identified below: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, pre- apprenticeship, and /or on-the-job training." CONTRACTOR EEO OFFICERS Anyone who feels they have been discriminated against because of their sex, race, religion, color, age, national origin or Vietnam era and special disabled veteran status, should report the matter to the appropriate EEO Officer Company Name EEO Officer's full name, Mailing Address, Telephone Number, including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number, including area code Company Name EEO Officer's full name, Mailing Address, Telephone Number, including area code PRIME SUB SUB OF TRA,,SA O STATES OF P �s U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF INSPECTOR GENERAL 9La 01TITW16111: On February 17, 2009 the American Recovery and Reinvestment Act (ARRA) was signed into law by President Obama to improve public welfare. If you protect America's interests by reporting fraud, abuse, or mismanagement of ARRA funds at your workplace, and are retaliated against as a result, know that America is here for you. American Recovery and ReinvestmentAct of 2009, Pub. L. No. 7 7 7 -5, Title XV, Subtitle D, Section 7553 DMINISTRATIVE REVIEW: You have the right to file a complaint with the Office of Inspector General and receive a timely investigation and response. EPRISAL -FREE: You have the right to be free from discharge, demotion, or discrimination as a result of disclosing: • Gross mismanagement of a stimulus- funded project. • Gross waste of stimulus funds. • Danger to public health and safety related to a stimulus- funded project. • Violation of the law relating to stimulus funds or a stimulus- funded project. 12 . • Abuse of authority related to the implementation of stimulus funds. EMEDIES: You have the right to receive remedies if the Office of Inspector General determines you were subjected to an unlawful reprisal. Your employer may be ordered to abate the reprisal, reinstate your employment, and you may receive compensation to reimburse you for your attorney fees and other financial suffering experienced as a result of the reprisal. r' LTERNATIVES: You have the right to take action against your employer in civil district cou if the Office of Inspector General does not respond within 210 days or determines that thre was not an unlawful reprisal. *as HOTLINE .,. www.oig.dot.gov/recovery/whistleblower-protections.jsp Phone: 1- 800 - 424 -9071 Email: hotline @oig.dot.gov