#11-5695 Amendment #1 (Quality Enterprises USA, Inc.) - No BCC Chairman SignatureEDIT A -1 Contract Amendment # 11 -5695
"Design -Build Immokalee Road Wildlife Crossing"
This amendment, dated Ju,,,e- te
1 a, 2012 to the referenced agreement shall be by and between the
parties to the original Agreement, Quality Enterprises USA, Inc., (to be referred to as "Contractor'') and
Collier County, Florida, (to be referred to as "Owner ").
Statement of Understanding
RE: Contract # 11 -5695 "Design -Build Immokalee Road Wildlife Crossing"
The following change to the above referenced Agreement has been mutually agreed to by the
Contractor and the Owner.
Add to page 101, under item number 15, FHWA Form 1273, as attached (Exhibit A -1 -A).
The Contractor agrees that this amends the original Agreement. All other terms and conditions of the
Agreement shall remain in force.
1N VMNI ESS WHEREOF, the Contractor and the Owner have each, respectively; by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
CiIOM1tMM&M-1
Quality Enterprises USA, Inc.
Title: VS,,-,�:-- s ve--•.,
Dated:
BOARD OF COUNTY CO1yMSS1ONERS
COLLIER COUNTY, FLORIDA
Joanne arkiewicz ~�
t
IntefiuMirector of Purchasing and � ' Services
Approved as to form and
Legal sufficiency:
P'N'ji
few. ounty A ey
M
EX=IT A-1 -A Contract Amenxlnent #11 -5695
"t-Deesign -Build Im rkalee Road. Wildlife Crossings"
REQUIRED CONTRACT PROVISIONS
FEDERAL AID ID CONSTRUCTION CONTRACTS
Page
t.
General ....... ............................... 1
i1.
Nondiscrimination ....... _ . .................... 1
[it.
Nonsegregated Facilities .......... .............. 3
IV.
Payment of Predetermined Minimum Wage ......... 3
V.
Statements and Payrolls ........................ 5
Vt.
Record of Materlais, Supplies, and Labor ... ........ 5
VII.
Subletting a,, Assigning the Cant-act .. .......... 5
VIII,
Safetv: Ac6ident.Prevention ..................... 6
IX.
False Statements Conceming Highway Projects ...... 6
:.
Implementation of Clean Air Act and Federal
Water Pollution Contra: Act ........... ........ . 6
Y.1.
Certification Regarding DebamrenL Suspension:,
Ineligibility, and Voluntary Exclusion ....... ....... 6
Xh.
Csrtification Regarding Use of-Contact Funds-for
Lobbying .. .. .............................. 8
ATTACHMENTS
P„
Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
t. GENERAL
1. These contract provisions shall apply to all work performed on
the contact by the contractor's own organization and with the
assistance of workers under the contractors immediate superinten-
dence.and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all ar the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or-pur`hase order that may-in
turn be made. The Required Contra, Provisions shall not be
incorporated try reference in anycase. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract ProvWans-
3. A breach of any ofthe stipulations contained. in these Required
Cantact Provisions shall.be sufficient grounds for termination of the
contract
4. A breach of the following clauses of the Required Contract .
Provisions may also be grounds for debarment as provided in 29
CFR 5.112
Section i, paragraph 2;
Section iV, paragraphs 1, 2, 3, 4, and
Section V, paragraphs 1 and 22 through 2g.
5. Disputes arising out ofthe labor standards provisions of Section
iV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes cause of this
contract. Such disputes snali be 'resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29
CFR S, 6, and 7 Disputes within the meaning .a'this clause include
disputes between the contactor (or any arils sub ontr actors) and the
contacting agency, the DOL, or the contractors employees or their
representatives.
6. Selection of Labor: During the performance of this contra,
the contractor shah not
a discriminate.against labor -from any other State, possession,
artenitory ofthe United States (except for employment preference for
Appalachian contracts, when applicable, as specified in Attachment
A; or
b. employconvict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on. parole_
supervised retease, or probation.
It. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment6pportunity: Equal employment opportu-
nfty (EEO) requirements no to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, executive
orders, rules, regulations 28 CFR 35, 29 CFR 1630 and 41 Ca=R.50)
and orders of the Secretary of'iabor as modtfied by- the provisions
prescribed herein, and imposed pursuant to Z3 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the
contractors projettac"les undertniscontract- The Equai.Opportu-
nity Construction; Contract Specifications set forth under 41 CPR 60-
4.3 and the provisions of the Amencar; Disabilities Act of 1990+ (42
U.S C. ';2101 et seq.) set forth under 28 CFR 35:and 29 CFR 1630
are incorporated by referent in this contract. in the execution of this
cannot, the conic actor agrees to comply with the following minimurn
specific requirement activities of E O:
a. The contractor will work with the State highway agency
iSHA) and the Fedear Government in carrying out s0 obligations
and in their review of hisfner activities under the contract.
h, The contractor, will accept as his operating policy the
following; statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are:treated during employment,
Without regard to their ace, religion, sex, color, national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff-or termination; raies.ai pay or other fonrs of
compensatiar.; and selection for 'training, including apprentice-
ship, preapprenticeship, andtor on- the-job training."
2. EEO Officer. The contactor will designate and make known
to the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and
promoting an active contra- --for program of c =0 and who must be
assigned adequate authority and responsibility to dp so.
3. Dissemination of Poficy: All members of the contactors staf
whc are authorized to hire, supervise, promote, and discharge
employees, orwho recommend sucin action, orwho are substantially
involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual responsioih-
ties to Provide E_0 4n each grade and classification of employment.
Tb ensure-thatthe above agreementwill be met, the following actions
will be taker; as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted 'before the start of work and then not
less often than once every six months: at whirl^ time the contractors.
EEO policy and its implementation will be reviewed and explained.
The meetings will be irnducted by the EEt, Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer: covering all major
aspects of the contractor's EEO obligations within thirty days
foliowingtheir reporting for duty with the contractor.
c. All personnel who are engaged in dire recruitment for the
project will be instructed by the .F—ri Office,- in the contractors
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy
will be placed iraneasseadhy accessible to employees, applicants for
empioyment and potenfrai employees.
e. The contractor's =_✓ policy and the procedures to imple-
ment such policy will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4. Recruitment When advertising •for employees, the contractor
will include in all advertisements for employees the notation: ".An
Equal Opportunity Employer." Ali such advertisements will be placed
Form FH1,+VA -12,, (Rev. 3-94) Page:=