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Backup Documents 02/10/2009 Item #16B 1 MEMORANDUM 1681 Date: March 2, 2009 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #09-5144: "IIlth Avenue at 8th Street Interscetion Improvement" Contractor: Better Roads Attached please find the original contract, as referenced above, (Agenda Item #16Bl) approved by the Board of County Commissioners on Tuesday, February 10, 2009. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you 1681 DATERECEIVEDr. /tf t:t ~~ -rb/l) L ,/ "J--/ l DO NOT WRlTE ABOVE TliS L~ (;\, <I ~ REQUEST FOR LEGAL SERVIC \' F ~I F'b='Y 23, 2009 Y tiy ~ Robert Zachary ~I ')" S \ '" \ V~ Assistant County Attorney ';;> . Il l ~y ITEM NO.: FILE NO.: 0 cr _ pRe 0111 J.. ROUTED TO: Date: To: From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: Contract #09- 5144 l1lth A venue at 8th Street Intersection Improvement Contractor: Better Roads r- BACKGROUND OF REQUEST:". ao Jv. This contract was approved by the BCC on February" 2009; Agenda Item 16.B.l ( This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. (-.'''> t;:::::, r::~:':) ....,.:.l , . -:::5C :'2~:' -,I ;;::.; ~, _~. ~ r'.-- -" ,-~ ;=0 "'-' ~ "'" :-r: ,........... "1-'__.. 7/"T- --) ::J~ )..I <--[,1 ::J co MEMORANDUM TO: Jeff Walker/Ray Carter Risk Management Department FROM: Brenda Bri/hart, Purchasing Agent Purchasing Department DATE: February 23,2009 RE: Review of Insurance for Contract No. 09-5144 111th Avenue at 8th Street Intersection Improvements Contractor: Better Roads 1681 This Contract was approved by the BCC on February 10 2009; Agenda Item 16.8.1 Please review the Bonds and Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8446. cc: Claudine Auclair, Planning RE.CE.\\!E.O ftB 1 3 1009 , "IS' "b:;:'jT"$'{;rl1 ~rru 1 \ ~7\ ULe! lLt1~~~ 100 \1 Lllr:Jd (':If'P:, Sui" ,;\10. !'llr,l,] fi:1IiC:d 1 <,,()) .:'(1 [~ox i879 .liii1!Jd. I'nrilld ni;OI. 813.2)LF:. 3GU2L3tW!I. fdX: W3.221.IS' ,/ .www.!ykesinsurance.com February 13,2009 Better Roads Inc. I' 0 Box 9979 Naples, FL 3410 J RE: The Board of County Commissioners of Collier County FL, as Obligee 11 Ith A venue at 8th Street Intersection Improvements, as Project 8915516, Bond Number Dear Ladies and Gentlemen: Please supply us with the following information for the above captioned final bond: Executed Contract with Date: x This letter is also giving Better Roads Inc., as Principal and/or The Board of County Commissioners of Collier County FL as Obligee, the authority to complete these bonds by dating thc bonds with the contract date, cxecution and Power of Attorney dates. Th~ contract date MUST BE THE SAME date as the execution of the bond or PRIOR to the execution date of the bonds. We will forward this infornlation onto your surety company upon our receipt. Please return as soon as possible. Thank you for your cooperation. Sin~ "---C--_ ~ Eileen Heard Contract Surety Account Executive enclosures EXPERIENCE the POWER of PARTNERSHIP 16Ll IL~~. 1681 400 r~. Taillpa Street Suite 2200. Tar.lpa, Florida 33602. P,O. Box 2879. Tampa, Florida 3360i .813.223.3911 .800.243.0491. Fax: 813.221.1857. www.lykesinsurance.com February 13, 2009 Better Roads Inc. POBox 9979 Naples, FL 3410 I RE: The Board of County Commissioners of Collier County FL , as Obligee 111th Avenue at 8th Street Intersection Improvements, as Project 8915516, Bond Number Dear Ladies and Gentlemen: Please supply us with the following in1ormation for the above captioned final bond: Executed Contract with Date: x This letter is also giving Better Roads Inc., as Principal and/or The Board of County Commissioners of Collier County FL as Obligee, the authority to complete these bonds by dating the bonds with the contract date, execution and Power of Attorney dates. The contract date MUST BE THE SAME date as the execntion of the bond or PRIOR to the execution date of the bonds. We will forward this information onto your surety company upon our receipt. Please return as soon as possible. Thank you for your cooperation. Sin~ '---C~_ ~ Eileen Heard Contract Surety Account Executive enclosures EXPERIENCE the POWER of PARTNERSHIP 1681 111tJj" Avenue at 8th Street Intersection Improvements . COLLIER COUNTY BID NO. 09-5144 COLLIER COUNTY, FLORIDA LAP FUNDED PROJECT local Vendor Preference Not Applicable Design Professional: URS COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16B1 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions (LAP FUNDEDPROJECT) EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by URS and identified as follows: 111th Avenue at 8th Street Intersection Improvements as shown on Plan Sheets 1 through 25. EXHIBIT N: Contractor's List of Key Personnel 168 1 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA 111th Avenue at Sth Street Intersection Improvements COUNTY BID NO. 09-5144 Separate sealed bids for the construction of 111th Avenue at Sth Street Intersection Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 4th day of December 200S, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 4th day of December 200S, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, 111th Avenue at Sth Street Intersection Improvements Bid No. 09-5144 and Bid Date of December 4,2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.collierqov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed GC-PN-1 16B1 , and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within seventy five (75) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 4th day of November 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell. C.P.M. Purchasing and General Services Director GC-PN-2 1681 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assurned at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Docurnents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation, 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Docurnents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accornpanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above, Bids received at the GC-IB-1 16B 1 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the tirne period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive inforrnalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 1681 ,. Section 5. SiQninQ of Bids 5.1 Bids subrnilled by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submilled with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any tirne prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening, The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8,1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of wrillen addend urn which, if issued, shall be sent by rnail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 1681 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received a[1 addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Docurnents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically narned by Bidder. GC-IB-4 1681 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Docurnents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy, 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a tirnely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Departrnent generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Comrnissioners in public session. Any actual or prospective bidder who desires to forrnally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy, A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-5 16B1 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure cornpliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s), Hence, bidders shall not include these perrnit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is perforrned in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreernent within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 161.11 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entitv Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in cornpliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 rnonths from the date of being placed on the convicted vendor list." GC-IB-7 ";'\ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.neUpurchasing 16B1 ADDENDUM DATE: November 20, 2008 TO: FROM~ Interested Bidders Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 2, Bid # 09-5144 - 111th Avenue at 8th Street Intersection Improvements Addendum #2 covers the following change for the above-referenced solicitation: CHANGE: . Contractor is responsible for density testing and cost should be included in the earth and pipe work on the bid schedule. . Surveying for layout (new line item included in bid schedule). . Included line item for as-builts. REMOVE: . Items 102-60 (work zone signs), 102-74-1 (Barricade, Temporary, Types 1,11, DI VP and Drum) and 102-77 (High intensity flashing lights) and include these costs in your line item for 102-1 Maintenance of Traffic Addendum #2 bid schedule must be submitted to be considered for award. Two Notice To Proceed (NTPs) - one for material purchase, and the second for actual construction, which will not take place until after 4/15/09. QUESTION/ANSWER: Q: Bid Schedule lines 18 & 19, Concrete Class I & II Misc - 5 cy each, please clarify what this is for. A: Those two pay items were included as contingency items. 16E 1 Q: Line #10 - 110-4, removal of Existing Concrete pavement, what is this for? A: In the areas of widening, several concrete driveways will need to be partially removed. Q: Removal of thermoplastic, can this be done by grinding or water blasted? A: Collier County prefers water blasting. 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N 16B1 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.net/purchasing ADDENDUM DATE: November 4, 2008 TO: Interested Bidders FROM@ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid # 09-5144 - 111th Avenue at 8th Street Intersection Improvements Addendum #1 covers the following change for the above-referenced solicitation: CHANGE: A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 13th dav of November 4th day of December 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. cc: Claudine Auclair, Project Manager 1681 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 111 th Avenue at 8th Street Intersection Improvements BID NO. 09-5140 Full Name of Bidder Better Roads Inc. Main Business Address 1910 Seward Ave., Naples, FL 34109 Place of Business 1910 Seward Ave., Naples, FL 34109 Telephone No. 239-597-2181 State Contractor's License # CU56737 Fax No. 239-597-1597 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation: that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the foilowing Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 BID SCHEDULE 111th Avenue at 8th Street Intersection Improvements Bid No. 09-5140 Bid Schedule Provided Under Separate File If not submitting bid electronically, include an Excel spreadsheet on a CD Rom with your hard copy submittal. 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C 3 "" '" 1631 ., MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Asphalt 2. Concrete 3. Pipe Culverts 4. Inlets 5. Better Roads Inc. Florida Rock Industries U.S. Concrete Products Coastal Precast Dated December 4. 2008 Better Roads Inc. Bidder GC-P-3 1681 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify ail Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cateqorv of Work 1. Erosion,'.:Control 2. Sod 3. Underground Structures 4. Surireying'&'Stilking 5. Concrete/Curb 6. .J>,trii>ing Dated December 4, 2008 GC-P-4 Subcontractor and Address Kate's Enviro Fencing 3435 Quail Dr., Bonita SprinRs, FL 34134 GCE Services, Inc. P.O. Box 150052 Cape Coral. FL 33915 Cross Country Underground 5650 Yahl Street NaDles. FL 34109 Banks Engineering 2515 Northbrooke Plaza Dr., Suite 200 , Naples, FL 34119 Tincher Concrete Construction 16900 Gator Rd. Ft. Myers, FL 33912, Trutwin Industries. Inc. 8031 Mainline Pkwv. Ft. MYers. BETTER ROADS INC. .-- Bidder FL 33912 BY: '~) /tf Restino, Vice President 1.6 B 1 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Golden Gate ParkwilY 6-Laning Collier County P.W.E.D. 239-774-8494 2. Livingston Rd. PH 1 Radio Rd. to GG Parkway Same as above 3. Livingston Rd. PH II GG Parkway to Pine Ridge Rd. Same as above 4. Livingston Road PH III Pine Ridge Rd. to Immoka1ee Rd Same as above 5. Airport Road 6 Laning GG Parkway' to Radio Rd. Same as above 6. Airport Baod 6 Laning Cougar Dr. to GG Parkway Same as above Dated December 4. 2008 Better Roads Inc. BY: GC-P-5 168 1 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantitv) Extended Cost Unit Cost 1. N/A 2. 3. 4. 5. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. Dated December 4, 2008 Better Roads Ilk. Bidder BY: Vice President GC.P-6 1681 ~ Upon notification that its Bid has been awarded, t\1e Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreernent, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance. by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. RespectfullY Submitted: State of F10dda County of Coll:ler Jospeh M. Rest:1no. V:lce Pres:ldent , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Joseph M. Restino, Vice Pres:ldent , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC.P-7 1681 (a) Corporation The Bidder is a corporation organized and existing Florida which operates under Better Roads Inc. officers are as follows: under the laws of the State of the legal name of , and the full names of its President Joe L. Turner Secretary Kathleen BAilie Treasurer Daniel J. Kelly V.P. I Manager Joseph M. Restino The Vice President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken June I, 2000 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED December 4, 2008 Florida Corporation legal entity GC-P-8 Witnel> STATE OF Florida COUNTY OF Collier 16~ 1 BY: Joseph M. Restino Name of Bidder (Typed (~-, / -?/ ignature ",,~~.~~ 1'<-'''' s:~ ,.- ",'Vbh'/ ~~..., ',,\""~ ~ice presiden! /f..~910RA.l;;r '\ \ Title ~ : SEAL ! ~ ~ \ ; ~ ~ \ ; g ~ '. 1983 .' <- ~ .~. ,,' ~ ~.f. "0......" ~" """ f:LORIOl'o",," 111111/11111\\\'\\ The foregoing instrument was acknowledged before me this 4th day of December 20..Q.~ by Joseph M. Restino , as Vice President of Better Roads Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to m~ or has produced as identification and did (~t) take an oath, My Commission Expires: 10-5-2011 . ,. "., '.", NolorV Pu~lI, SI~I. of Florida of "t (' Qot1t1l,): pIMilH. ~cv. .,; MyComr'tlltl~ion007115a1 "t~H~O~ E):plres 10105/2011 ~ (AFFIX OFFICIAL SEAL) gl-<~~L/ 11 L~ (Signa' ure of Notary) NAME: Donna DiMare (Legibly Printed) Notary Public, State, of Florida Commission No.: OJ) 7//55/ GC-P-9 1681 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Better Roads Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland With ils principal offices in the city of Schaumburg IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County FL (hereInafter called the Owner), in the full and just sum of Five Percent of Amount Hi n-_______________ dollars ($57. of Antt Bd ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to whIch payment well and truly to be made, the PrincIpal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and finnly by lhese presents. Whereas, the PrIncipal is about to submit, or has submitted to the Owner, a BId for furnIshing all labor, materIals, equipment and IncIdentals necessary to furnish, Install, and fully complete the Work on the Project known as 111lh Avenue at 8th Street Intersection tmprovements Bid No. 09-5144 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such BId, and give such bond or bonds in an amount of 100% the total Contract Amount as specified In the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplIes furnished In the prosecution thereof or, In the event of the failure of the . PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, If the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of Arnt Bd noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC.P.10 , I IN TESTIMONY Thereof. the Principal and Surety have caused these presents to . d f \\\\llllllll" be duly signed and sealed thIs 4th ay 0 December . 20.Q..~,'l~~.~~#~~"'''' ~ct~ ,." ......v(l ~ !<IT.(,..m!OfJ.A ...'....: \ ~ :"~'Glpaf1'~'" ;. ~ i i ~ ;; '(slO;:"AL i " ~\eatt /E ~ .... .... f '\ Su..J~~.3.." ,~' ~j"III~OR\O~\,\'" IIIIII~JIIU\\\\\ (Seal BY land z~ Countersigned ~ Eileen,C. Heard, Attorney-in-fact Florida L{censed,Resident Agent 16B 1 and Local Resident Producing Agent for Fidelity and Deposit Company of Maryland GC.P-11 Lykes Insurance, Inc. Tampa FL (813 223-3911 1681 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland. by M. P.HAMMOND. Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI. Section 2, of the By-Laws of said Company, w' "'" set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s >> "nate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAM e N and Eileen C. o HEARD, all of Tampa, Florida, EACH its true and lawful t -10' ute. seal and deliver, for. and on its behnlf as surety, and as its act and de : on~ . s, and the execution of such bonds or undertakings in pursua~ce of th s~ 0 ifl'li/lil. ompany, as fully and amply, to all intents and purposes, aS~'f the ~' ecu . ,lkJgC by the regularly electcd officers of the Company at its office in Ba1timo~ th~'. n ". power of attorney revokes that issued ~n behalf of Richard P. RUSSO, JR.. Tanya\!(., N, II, Peter F. PRIOLO; Peter A. THOMSON, Eileen C. HEARD, datcd June 2. 2006. ~iO)@ The said Assistaat Sl:ft~talY does hcreby certify that the extract set forth on tbe reverse side bereof is a Inte copy of Aliicle VI, Section 2, of the By-L'lwS of said Company, and.is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their name. and affixed tbe Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I lth day of July, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ )JJ3<u..j-- By: Assistant SecretGl}' AI. P. Hammond ~~ Eric D. Barn.es Vice President State of Maryland }ss. City of Baltimore . On this 11th day of July, A.D. 2007, before thc subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to' be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith. that they are the said officers of the Company aforesaid, and that tho seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hercunto .et my hand and affixed my Official Seal the day and year first above written. ",\:~ ~~I.~~:II/,~ '~!t;ili;~~t~ '''111111\\ ~~...cv'~ Q . OP/Y'.oYC-- CO/lstallce A. DUllfl Notary Public My Commission Expires: July 14,2011 POA.F 031,3055 16til , EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ "Article VI, Seclion 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do hy the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policiest contracts, agreements, deeds, and releases and assignments of judgements. decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by autbority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reprodnced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed lhe corporate seal of the said Company, this 1..\.--- day of ()~CL.-/fr-.-. ~r /L,2/ ;J IItJ Assistall! Secretary 16.8 1- THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is Included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been Included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing BUilding 3301 Tamiami Trail, East Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: <c>Bid Number; <c>ProJect Name; <c>Openlng Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified openino date and time. (Otherwise Bid cannot be considered.) ALL COURIER.DELlVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET DATE: December 4, 2008 GC-P-12 1681 ~;,~~'\;,~~~;M~~S"Wli!~i~;f#j~i;~ii;~1;jc0w"'i' - :;":"::",..,.'.".~"'"I~ifit.;;t<7\",;';.;;",".F.',,><ci,:',..,,"',.,.f.i' ':-:. '-.,- .~." 'c' ~.:;. , '. .:,~\t>~~'-:. CE;R:JlIIi"Ii.QnHN$QRANQ~H CERTIFtcATE NUMBER -, " .-~-: ",co. _:. ,.":-;~':"~'.rJ~;,-",:.,,,~~,-i~!-;'_;il;.L -.tf,. :.- .>';;; ,~~':-" ':"~' :,q' ;~~_..;",:_-,~;~'_~}:{"~ ATL-001247029,09 PRODUCER THIS CERnFICATE 1$ ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS Marsh NO RIGHTS UpoN THE CERTIFICATe HOLDER OTHER THAN THOSE PROVIDED IN THE 3031 N. ROC1' Point Drive. Suite 700 POUCY. THIS CERTIFICATE DOSS NOT AMEND, EXTEND OR ALTER THE COVERAGE Tampa, FL 3 607 AFFOROED BY THE rouelES OESCRIBED HEREI"'. COMPANIES AFFORDING COVERAGE COMPANY 101266-Belt-Cas-08-09 A TRAVELERS PROPERTY CASUALTY CO. OF AMERICA INSURED COMPANY BETTER ROADS, INC. B CHARTER OAK FIRE INSURANCE COMPANY 1910 SEWARD AVENUE NAPLES, FL 34109 COMPANY C CONTINENTAL CASUALTY COMPANY COMPANY 0 ;g9Ye.M9.~~'~;~~';;: .ii"',:'::',!;jiih\;Niilli<<!>>j\l:'$'iiP~l"~.:i.~o~l.P:I~6M.~i>yp,,,~Ii\'@)y'i~Jiilil9i!iJiJl!i!'!.j~ril1~'R9!l<1y~ili;Jjqi1fi(fi:i.j;;W:ji"\i;~;k,f ',.'" ..'. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE OE$CRIBED HEREIN HP.W BEEN iSSUl;O TO THE INSURED NAMeo HEREiN FOR THI! ?QUCY PERIOD INDICATED. NOl'WTTHSrANOING AnY REQUIREMENT, TERM OR CONDITION OF ANY CONTRA-err OR OTHER OOCUMENT WITH RESPECT TO 'M-UCH THe CERTIFICATE '/My BE ISSUED OR MAY PERTAIN, THE INSURANCe AFFORDED BY THe POliCIES DESCRIBEO HEREIN IS SUBJECT TO AlL THE TERMS, CONOmOtlS AND EXClUSIONS OF SUCH POLICies. AGGREGATE UMITS SHOWNMAV HAVE BEEN REDUCED BY PAID ClAIMS. co TYp,e OF INSURANCe POtlCYNUMBER POUCY EFFECTIVE POUCV EXPIRATION UMITS LT" DAlE (MMIODNY) DATE (MM/DDIYY) A GENERAL lIABlUTY VT JEXGL5000B671 05101/06 06/01/09 GENERAL AGGREGATE $ 2,000,000 ~ $ X COMMERCIAL GENERAL LlA81LlTY PRODUCTS-COM~OPAGG 2,000,000 2P C!AlMS""" 0 OCCUR PERSONAl &ADV INJURY $ 750,000 X OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 750,000 IND. FiRe DAMAGE (Anyone lirel $ 500,000 MED EXP'An"OM ""'!'Son' $ A AUTOMOBILE LIABILITY VTC2JCAP56008683 06/01/06 06/01/09 $ 2.000.000 X CO~BINEO SJNGLE LIMIT - Nf'( AUTO v~ t - ALL OWNED AUT05 / aOOllY INJURY $ SCHEDULED AUTOS (Perper&On) . X HIRED AUTOS / SOQIL Y INJURY $ 3t (, iX1'~/ (Pet'acC:ldenll I-"- NON-OWNED AUTOS c- " PROPERTY DAMAGE $ GARAGe UABlUTY "JI/ AUTQONLY - EAACCIOENT $ c- ',X',,}"'.;,. , f-- AN'tAUTO 011-lER THAN AUTO ONL'l': EACHACCIDE..fT $ '-- $ AGGREGATE C EXCESS UABIUTY' L2091116453 06101/08 06/01/09 EACH OCCURRENce $ 5.000,000 ~ UMBRELlA FORM AGGREGATE $ 5.000,000 DTI-lERTHANUMBRELLAfOl\M RETAINED LIMIT $ 10,000 B WORKERS COMPENSATION AND VTC20UB5000866A 05/31106 06/01/09 XIT~h ITS IllER EMPlOYERS'UABILlTY EL EACH ACCIDENT $ 1.000.000 THE PROPRIETOR{ ~ ~NCl Et DIS!!A$E-POlICYLJMIT $ 1,000.000 PARTNERS/EXECUTIVE $ 1.000.000 OFFICERS ARE: EXCl ELOJSEASE.EACH EMPl.OYEE A ""<^ AUTO PHYSICAL VT JBAP5800B695 05101/06 06/01/09 COMP DEDUCTl8LE ',UUU: DAMAGE COLLISION DEDUCTIBLE 5.000 DESCRIPTION Of OPERAT!ONSIlOCATIONSNEHICLES/SPECIAllTEM8 General Liability limIts are on a per proJect basis subJect to $15,000,000 policy aggregate. ;9.EIlTIFIPA1~,~qL~ER, .,::" < '< ?~.9,E,~RI!!9~,"i.i.., .,,' ..,' ....';':(.:..">':::.";'....,,., " '., , 'c. SHOULO NN OF nlE POUCIf.9 OESCRIBED HEREI~ BE CANCELLED BEFORE THE EXPAATION DATE THEREOF, THE INSURER AFFOfIOLNG COVERAGE WIlL EN'OEAVQft 10 I.Wl ----3D. DAYS VoRITTEN NOTICE TO TtlE Better Roads Inc. CERTifICATE HOlDER f(.AJ,IED HEl<Eltf, SUT FAllURE TO !.WL SUCH NOTICE SHALL lMPOSE NO 08UGATlQN OR 1910 Seward Ava. Naples, FL 34109 UABllJlY Of AN'fIONO U?ON THE IN5URERAfFORQJNG COVERAGE, ITS "OEMS OR REPRESENTATIVES. Oft TI1e ,0<' ISStJEROFTH;SceRMCATE. , AUfHORlZEORHRESEIUATN'E ee.lk MarshUSAlnc. ~I!.. CY: Nathan R. GolIJns 1;"',..-;,'...,.,..;.',,' , :";<<"""'.':'" "." 'MM1(3i02)>'i' .. ".,...,,' VAllO AS OF:Oe/03/0B ,'. .;., 1681 iu\]1.~N~~:l~!'IIDm~]~~}~~k*i~~~~P'i ~~~~J~~i~lf~~~~' ,~~ ;~i~~7;~ COMPANIES AFFORDING COVERAGE PRODUCER Marsh 3031 N. Rocky Point Drive, Suite 700 COMPANY Tampa, FL 33607 E COMPAnY F 101266-Bett-Cas-08-09 8ETTER ROADS, INC. 1910 SEWARD AVENUE NAPLES. FL 34109 COMPANY G INSURED COMPANY H -(~!~~1Jff~~~i;",~'-':'~ ;; AddlUonal Insured provided for General and Auto lIabUity only when required by written contract Waiver of subrogation provided for Galleral liability and Workers' COmpensatlon only when required by written contract. C~RT!FICATE HOLDER' ,.,';,(1'"" ;~:: 'X;!!;"'::;?;;:', T "'-' >." "-""ae~tier Road~-'~c.';" 1910 Seward AVe. Naples. FL 34109 ldushUSAIne. Nathan R. Collrns J/.a:;Io. ~. CGJ ~k '-~-'I:,-,.',>. _. "/0 i~,-~:'~:\:'~~:{r: ',:.',"r::." .-..-'-.' 16B1 =,m~ r~~.~'''~j3~ ,~~~~~; :~l$r~''t*i~ .... STATE OF FLORIDA DEPARTMENT OF ,BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ~940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 BONNESSL JOSEPH D BETTER KOADS INC 19~0 SEWARD AVE POBOX 9979 NAPLES III FL 34~01 congralulallons! With this license you become one of the nearly one million :~.;;i'W"'~~(;:~1%i~~il~~Pi#~1~~~\~\~Wffi~, J;7.;~~,&. Floridians licensed by the Department of Business and Professionel Reguletlon. 'f" ,;~~RQ~~lindt.Qt, t~Pg~~IJ"Wf;Zf".~"'; Our professionals and businesses range from architects 10 yacht brckers, from :f ."L~i1:/!fJ;":':J:;?}f.',, .,~, ~~,;'4"~:",:s;>lfB,,.g,'~ifi,L;S. boxers to barbequ9 restaurants. and they keep Florida's economy strong.t~~l~-: ":'.~'6-("\."':i.}~~,~E~'$7<>'~':.7.~ "':',v: _..1.-' t~:"""'-~'-::;;.l"':r<~.'~/'~>';j!?S N ~~L,.:t1J;",. .>;",<.qJ,~aQl,Ql!",!I..€!W):~M,9.;~'i Every day we wcrl< to Imprcve the way we do business in order 10 serve you better.,::B.'~';,',;":;",:,,,;,:,~; ,.,''h;,';.F't'i'''' :/ :'~':;':.,:P~i\f,::;.::,('rl':Wi",: For information about our services, pleaee log onto www.mylloridancense.com. ;,,!,~::\q~R;r!:::,~E~l'!1l:9!1N1? :,&;::~i!;e~V:';e~i(:.,:";'>:;), There you can find more Informallon about our divisions and the regulations that:/S,~. ll~El'!,$Z"~J~$~l?ltfP;-'IJiF.':("",,,:,~,"'<:';S;:::~:l. Impact you, subscribe 10 department newsletters and learn more about the ':;':';l!l.~'l1\t'.!i;~.,,,,Ol\P!l;;;~N~L: ;;:,:,;~,:,,/'i'c.f;tf:',;~Yi';:""'~ ::~::~:~::~:::::~rtment Is: License Efficiently, Regulate Fairly. We i11r~1~;;~;t~~:,;;:t;:?';::fl(::!/~:'~tj'e;::;~qE0~{\!f~Z%~ constantly strIve to serve you better so that you can serve your customers. .:';:.:.:': ":.; '".':,' -' - "~>~'.-:-, :;:'::, :--': - ':,: :', ~....: ".:,".~: ~..::y<.::.;.\:.:..<t Thank you for doing business In Florlde end congretulatlons on your new IIcensel' ,,:,:::'''It,..C.l\RT~FI_B,D,,~~.<,,th;''P'O,,".,O"'.Q.,:,,,,,4,~~:~~.;:. . P:"'<'-'l.~,J;'i.t1.01),'~i!tq,"~V~~,.3-*/;--i~q.;10. ';-"\.'cli()a()'l~.tT;0:14fif.?~{'",1' ~~;d;?: ~:~~;;~ . ::~::;'/' ~:':~ '.:~} ~,1,:,:~< -~f)~,.:'"' ~:>~'/:.~;-: ':~~:,'t< .,)/.- DETACH HERE 1681- ~ Florida Department of Transportation CHARLIE CIUST GOVERNOR 605 Suwannee Sfreet Tallahassee, FL 32399-0450 September 18, 2008 STEPllANIE C. KOPELOUSOS SECRETARY BETTER ROADS, INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 REI CE~TIFICATE OF QUALIFJCATION Dear Sir/Madam: The Department of Transportation has qualified your company for the amount and the type of work indicated belo\'l. Unless your company is notified otherh'ise, this rating will expire 9/30/2009. However, the new application is due 7/31/2009. In aooordance with s.337.1~ (1) W.S. your next applioation must be'filed within (4) months of the ending date of the applicant's audited annual finanoial statements and, if appl~aablQ, the audited in~eri~ finanoial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a t\'lO month period to allow you to bid 0'0 jobs as we process your neH application for qualificatio~. 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 ycur firm as described in Section 14-22.005(3), Florida Administrative Code. MAXIMUM CAPACITY RATING: $488,950,000.00 FDO~ APPROVED WORK CLASSES' DRAINAGE, FLEllIBLE PAVING, GRADING, HOT PLANT-MIXED BITUM. COURSES, MINOR BRXDGES FDOT APPROVED SPECIALITY CIJ\S8E8 o!11>/OlU<:: '.' NONE You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to section 14-22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own fo~ce3 and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Sincerely, _H___'~ Juanita Moore, Manager Contracts Administration Jl1:cj wvwv.dot.state.fl.us \1} RECl'Qffi PAPS) . z o ~ ~ ~ o 5 iii Ci irl --:----~-- ~ 5 ~ C<: ::I VI .t>o(.1$ "'~~ { -';.i ",Q1, 00-". ~Q-;' CIt) ~I~ ~~ C) 'tl w (II ~& z .. ell ::i!;tl r:< ell n:m w ~ o o UI 5 iii <l: 11 ..: mil ~" "" 0 "'S!" .s ~ .. ::So J2 ~tSi ~ e! ..Q :1= 01.- UI::s O)~ a~o w .... Ob~ , Z'n:ijo I ~ roo m . ~g.ill~~ ~OUliiCl) iig>.,;~..J i:l:g~11~ ~._ 0100 3: ..Jllleoc.!lUl ~ .~ g- o --,._--~ .,-~- '6 'Cl iil 'Cl Cl) III g .5 o .s .. .e Cl) ~ :s 0 'mID ... jjj;e u if ...Cl 0'- 0 ClOzill . ~ ....0Cl) ~11 ffi ~Cl .s .. Q: ~g C<: ::I U ..J": ffl~ ~~~ ~l3" ~ ~ >< ::> i'ii ~ 0 ~ ~ (3CZg /;l 0 d' I;~~ z - :j 8 ! ::IX ~0 f2~ 5~ "~ 5- o ~ >< ~ :! C<:~ ::IX VI~ .. !:i ::> :! ~~~ ::>~ a ~~~o"eo =:) ~ iillM.MM ~lIli ~ f-' S l:i;;;!o.... '" ~ ~ ~'" '" eo 1681 i III <: o ''fa :; () B ~ ::s III Cl " ] ~ " o :Q '" E ~ .. .e ~ .~_._--,.- '" :; Q: ill !~ q 11- a. :!I. m "C ~ " t .2 ~ :;; :w 'l) o N tDO(Q<'fct)'o\:j'O ,:;; ...=....,;.,;"'co....:.;~ o z ~ i'ii ~ w.... ~-.E ~:J ~~ o ~ ::l VI ",...",,,,,..,,,,,,oa; (OC()cocococoCOQ)^ " , 16B1 .:. Florida Department of Transportation CHARLIE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 STEPHANIE I(OPELOUSOS INTERIM SECRETARY March 15, 2007 Mr. Joe L. Turner Better Roads, Inc. P. O. Box 9979 Naples, Florida 34101 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Turner: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Better Roads, Inc. has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any additional information, please call me at (850) 414-475 0 {J} @ {J} a w rn SClUAinC1IY, e~ MAR 191001 m i ). ~j') -~ By . Carol Greene Administrative Assistant Equal Opportunity Office /cIg AFFIRMATIVE ACTION PLAN EXPIRATION: February 22, 2010 www.dot.state.f1.us . \ 1681 SETTER ROADS INC. BETTER ROADS INC. DBE AFFIRMATIVE ACTION PLAN o --l POLICY STATEMENT djCJ2 ~ -~. ,-" "., --n ,-, It is the policy of Better Roads Inc. that disadvantqged:~ businesses, as defined by 49CFR Part 26, Subpart D and impleme~ed~ -., under rule Chapter 14-78,F.A.C., shall have the opportunityno~:', participate as subcontractors and suppliers on all contra~ts :,; awarded by the Florida Department of Transportation. The requirements of Chapter 14-78, and Florida Statutes Chapter 287.042, shall apply to all contracts entered into between the Department of Transportation and Better Roads Inc. Subcontractors and/or suppliers to Better Roads Inc. are also bound by the requirements of Chapter 14-78, and Florida Statutes Chapter 287.042. Better Roads Inc. and its subcontractors take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., and Florida Statutes Chapter 287.042 to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. Better Roads Inc. and its subcontractors do not discriminate on the basis of race, color, religion, national origin, disability, sex, age, or veteran status, in the administration of. the contracts with the Florida Department of Transportation. Better Roads Inc. has designated and appointed a DEE Liaison Officer to develop, maintain, and monitor the DEE Affirmative Action Plan's implementation. The DBE Liaison Officer is responsible for disseminating this policy statement throughout Better Roads Inc. and to disadvantaged businesses. This policy statement is posted on notice boards of the company. Jo~u:~e~sident BE~ ~OADS INC. Post Office Box 9979 Naples, FL 34101 March 9, 2007 _.:::: ::JE~CNTOFTRANSFt. , . EQU 0 CiJiP'JJr APPROVED: A PO ~ DiSAPPROVE/ I 1- DATE: "3 I '-IJ ~ I 168 1 " BETTER ROADS INC. I. DESIGNATION OF DBE LIAISON OFFICER Better Roads Inc. aggressively recruits disadvantaged businesses as subcontractors and suppliers of all contracts with the Department of Transportation. To further the recruitment and coordination of disadvantaged subcontractors, the Company has appointed a DBE Liaison Officer to develop and maintain the Affirmative Action plan in accordance with the requirements of Chapter 14-78. The DBE Liaison officer has the primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged business subcontractors in addition to the following specified duties: 1. The DBE Liaison Officer shall aggressively solicit from disadvantaged business subcontractors for Department of Transportation contracts. bids all 2. The DBE Liaison officer will submit all records, . reports and documents required by the Department, and shall maintain such records for a period of not less than three years, or as directed by a specific contractual requirement of the Department. The following individual have been designated DBE Liaison Officer with the responsibility for implementing the Company's Affirmative Action program in accordance with the requirements of the Department. Joe L. Turner BETTER ROADS INC. Post Office Box 9979 Naples, FL 34101 (813) 597-2181 ,,': 1681 BETTER ROADS INC. II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Better Roads Inc. has identified the following known barriers to participation by disadvantaged business subcontractors, before describing its proposed affirmative action methods. 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work. 2. Lack of certified disadvantaged subcontractors who seek to perform Department of Transportation work. 3. Lack of interest in performing DOT work. 4 Lack of response when requested to bid. 5~ Limited knowledge of DOT plans and specifications well enough to prepare a responsible bid. In view of the barriers to disadvantaged subcontractors stated above, it is the policy of Better Roads Inc. to provide maximum opportunity to disadvantaged business subcontractors by utilizing the following affirmative action methods to ensure participation on contracts with the Department of Transportation. Better Roads Inc. 1. Provides written notice to a specific DEE subcontractors in subcontracted by the company. reasonable number of all areas of work to be 2. Advertises in disadvantaged focused media concerning subcontract opportunities with the company. 3. Selects portions of the work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation) . 4. Provides adequate information about the plans, specifications, and requirements of the contract, not rejecting disadvantaged business subcontractors without sound reasons based on a thorough investigation of their capabilities. 5. Waivers requirements of performance bonds where it is practical to do so. '. 1681 BETTER ROADS INC. 6. Attends pre-bid meetings held by appraise disadvantaged business opportunities with the company. the Department subcontractors to of 7. Follows up on initial solicitations of interest in D\E contractors to determine with certainty whether the company is interested in the subcontractor's opportunity. Better Roads Inc. understands that this list of affirmative action methods are not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III. IMPLEMENTATION On contracts with specific DEE goals, Better Roads Inc. will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the company, as an expression of good faith, seeks to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING Better Roads Inc. shell necessary to determine Affirmative Action Plan. systems to indicate: keeps and maintains such records as are the company I s compliance with its DBE The company designed its record keeping 1. The number of DEE 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 DEE subcontractors through local and community sources. 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Department of Transportation projects. . . " . " . . , 1681.::; BETTER ROADS INC. 4. The company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBE's for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY Better Roads Inc. developed a DBE Directory to be used in the performance of contracts awarded by the Department of Transportation. Each subcontractor will be assisted in obtaining certification with the Department. The company utilizes the Department's directory until all of its subcontractors have been certified. . . . 1M The company wJ.ll dJ.strJ.bute for number 275-030-9oi., certification form No.1, to potential DBE contractors in its completion. schedule a and assists J-.(P Turner, President BET ER ROADS INC. Post Office Box 9979 Naples, FL 34101 March 9, 2007 1681; BETTER ROADS INC. AFFIRMATIVE ACTION PLAN REGARDING EQUAL EMPLOYMENT OPPORTUNITY Page 1 of 8 It is the continuing policy of BETTER ROADS INC. to hire and employ qualified reliable and productive employees without regard to race, color, religion, age, sex, national origin, disability or veteran status. In order to implement this pol icy, the company hereby adopts the following Affirmative Action Program: 1. To assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, age, disability, national origin, or veteran status. Such action shall include: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and/or on-the-job training. 2. The Equal Employment Opportunity responsibilities and the discrimination complaint procedures are assigned to the company's Equal Employment opportunity Officer. 3. BETTER ROADS INC. will comply with all applicable provisions (Parts II, III, IV) of Executive Order 11246, dated September 24, 1965, regarding Equal Employment Opportunity. All superintendents, foremen, office managers and other personnel having the responsibili ty of hiring, promoting, laying off or disciplining employees, will read and be familiar with the above order and this Affirmative Action Plan. 4. BETTER ROADS INC. will cooperate with governmental agencies, federal, state and local, who have the responsibility to observe our actual compliance with various laws relating to employment by furnishing such reports, records and other matters as requested in order to foster the program of equal opportunity for all persons regardless of race, religion, color, age, sex, national origin, disability or veteran status. Furnish the FAA and the Department of Labor such information as they may require for the supervision of such compliance, and to assist in the responsibility for securing compliance. 5. Better Roads refrains from entering into any agreement with a contractor debarred from, or who has not demonstrated eligibility for Government Contracts and Federally Assisted Construction Contracts or applicable parts of Executive Order 11246. Please Reply To: o PO. BOX 9979' 5590 SHIRLEY STREET' NAPLES, FLORIDA34101 . (941) 597-2181' FAX (941) 597-1597 o 13391 SR 31' PUNTA GORDA, FLORIDA 33955 . (941) 567-2231' FAX (941) 567-2250 o 4456 TAMIAMI TRAIL' SUITE A7' CHARLOTIE HARBOR, FLORIDA 33980' (941) 743-2816' FAX (941) 566-2737 o P.O. BOX 1908' 2830 OLD STATE ROAD 8 . LAKE PLACID, FLORIOA 33862' (863) 465-5797' FAX (941) 697-6609 1681 BETTER ROADS INC. Page 2 of 8 6.Better Roads makes certain that all recruiting activities are carried out on a non-discriminatory basis. 7. In requesting workers from hiring sources, BETTER ROADS INC. will ask for qualified workers, minorities/non-minorities. BETTER ROADS INC. will ask for written assurance from hiring sources, that admisslon to their referral facilities is open on equal terms to all qualified persons without discrimination based on race, religion, color, sex, age, disability, national origin or veteran status. 8. In all advertisements for employees, such advertisements contain the phrase "AN EQUAL OPPORTUNITY EMPLOYER". Publications of special interest to minority groups will be given employment advertisement when feasible. 9. Better Roads seeks minority group referrals or applicants for journey~an positions and employ in all skills and crafts. 10. BETTER ROADS INC. will contact appropriate minority groups and organizations to solicit for employees where other methods have failed to produce an integrated work force. 11. BETTER ROADS INC. ~akes its hiring policy and Equal Empl.oyment Opportunity Affirmative Action plan known to all subcontTactors and insists that they also comply with this policy. 12. BETTER ROADS INC. has established a system for the filing and processing of complaints of discrimination by employees and applicants for employment so 8S to assure prompt and equitable handling. This system includes procedures to protect from reprisal those employees who filed complaints of discrimination or the appearance of such; such complaints are reported to the Project Engineer or the Equal Employment Opportunity Representative at the site without delay. Instructions are provided to the supervisory staff at all levels as to methods of dealing with procedures or discrimination which may be directed at minority group employees. 13. Discharge of employees for cause, ability or work performance shall not be influenced by an employee r s race, religion, color, sex, age, disability, national origin or veteran status. Lay offs of employees due to lack of work shall be based solely on need, work performance and work ability. Documentation of the reasons for such actions shall be maintained. BETTER ROADS INC. 1681 ... Page 3 of 8 14. BETTER ROADS INC. working in conjunction with the Florida Transportation Builders Association will provide minority group applicants and employees with equal opportunities by actively seeking and sponsoring members of minority groups for re-apprenticeship training. All management and other employees in a position to implement this policy, including those engaged in recruiting, hiring, promoting, and training, to include on-the-job training and other personnel activities, will be fully advised of their responsibilities for effective implementation. 15. Better Roads provides opportunities for upgrading permanent minority group employees at the home office and/or job sites. 16. BETTER ROADS INC. evaluates the qualifications of employees referred through the usual sources to determine that their skills and capabilities are being properly used or may be more fully utilized or may warrant their advancement or transfer to other types of jobS readily leading to advancement by inquiring into work experience and skills of employees. 17. Better Roads actually participates individually or through an association in joint apprenticeship committees to achieve e~uality of opportunity for minority group applicants or employees to participate in apprenticeship programs. 18. All supervisory personnel will be fair, considerate and firm with all employees, to expect and receive a fair day's work for a day's pay without favoritism or consideration to an employee's race, religion, color, sex, age, disability, national origin or veteran status. 19. Job superintendents will have the overall responsibility of carrying out company Equal Employment opportunity policies and this Affirmative Action Program at their respective job sites. when work is begun on each new project, the superintendent will be informed on Equal Employment Opportunity matters concerning the particular project. 20. Goals and timetable are as established by the State of Florida and will vary, depending upon the project location. 1681 .. BETTER ROADS INC. Page 4 of 8 21. BETTER ROADS INC. documents and maintains records of its efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. We obtain lists of minority owned construction firms from State Highway Agency personnel. We use our best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 22. Better Roads ensures aDd maintains a working environment free of harassment, intimidation, and coercion at all sites, and in all tacilities at which Bc~ter Roads' employees are assigned to work, Better Roads, where possible, will assign two or more women to each construction project. Better Roads will specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out Better Roads' obligation to maintain such a working environment, with specific attention ~o minority or female individuals working at such sites or in such faciljtles. L3. Better Roads has established and maintains a current list of minori ty dnd female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when Better Roads has employment opportunities available, and maintain a record of the organizations' responses. 24. Better Roads maintains a current file of the na.mes, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect of each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to Better Roads by the union or, if referred, not employed by Better Roads, this shall be documented in the file with the reason therefore, along with whatever additional actions Better Roads may have taken: 25. Better Roads provides immediate written notification to the Director when the union or unions with which Better Roads has a collective bargaining agreement has not referred to Better Roads a minority person or woman sent by Better Roads, or when Better Roads has other information that the union referral process has impeded Better Roads' efforts to meet its obligations. 1681 BETTER ROADS INC. Page 5 of 8 26. Bet,ter Roads has developed on-the-job training opportunities and/or participates in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to Better Roads' employment npeds, especially those programs funded or approved by the Department of Labor. Better Roads shall provide notice of these programs to the source as required. 27. Better Roads disseminates their EEO policy by providing notice of the policy to unions and training programs and requesting their coqperation in assisting Better Roads in meeting its EED obligations; by including it in our policy manual; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EED polircy on bulletin boards accessible to all employees at each location where construction work is performed. 28. Better Roads reviews, at least annually, the company's EED 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 ,.lith onsite supervisory personnel such as Superintendents, Foremen, etc., prior to the initiation of construction work at any job site, A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 29. Better Roads disseminates its EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing Better Roads' EED policy with other Contractors and subcontractors with whom Better Roads does or anticipates doing business. 30. Better Roads directs its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving Better Roads' recruitment area and 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, Better Roads sends written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 1681 BETTER ROADS INC. Page 6 of 8 31. Better Roads encourages present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of our workforce. 32. Better requirements part 60-3. Roads validates all tests and other selection where there is an obligation to do so under 41 CFR 33. Better Roads conducts, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 34. Better Roads ensures that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and Better Roads' obligations under these specifications are being carried out. 35. Better Roads ensures that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities are provided to assure privacy between the sexes. 36. Better Roads documents and maintains a record of all solicitations of offers ror subcontracts from.minority and female construction contractors and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 37. Better Roads conducts a review, at least annually, of all supervisors' adherence to and performance under Better Roads' EEO policies and affirmative action obligations. iJ 11 " --y~r1}1(~0 ~ Jos. D. Bonness III President January 20, 2000 1681 - 1 BETTER ROADS INC. Page 7 of 8 COMPLIANT OFFICES: Florida Commission on Human Relations 325 JOHN KNOX ROAD, BLDG., F, STE. 240 Tallahassee, Fl 32303-4102 1-800-342-8170 Regional Director Office of Federal Contract Compliance U. S. Department of Labor 61 Forsytah Street, S.W. Room 7B-75 Atlanata, Ga. 30303 1-404-562-2424 Florida Dept. of Transportation Offic of Minority Programs 3717 Apalachee Parkway, Suite G Tallahassee, Fl. 32302 1- 8 5 0 - 921-73 7 0 U.S. Federal Highway Administration 227 N. Bronough St., Room 2015 Tallahassee, Fl. 32301 1-850-942-9579 lbtjl STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NOTIFICATION TO FOOT OF EEO OFFICER 275-021.13 EQUAl OPPORTUNITY 01107 Mail signed original to: FOOT Equal Opportunity Office, 605 Suwannee Street-MS 65, Tallahassee, F132399-0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: Better Roads Ihc. 2.. FEID No.: 59-2319514 3. Home Office Mailing Address: (street) 4. Home Office Mailing Address: (city, State, Zip)) 1910 Seward Ave.. . .:~ T' , . .-, -;1. 'i: ;:- Naples, FL 34109 5. Main Phone Number: 6. Fax Number: 239-597-2181 239-597-1597 7. What Is being I Inlllal EEO Officer Notice to FOOT I New Person ~Inted T AnnOlntee Chanaed Name I Contact Data Chanaed Changed? i:iI Yes r 1 No II I Yes rxl No TI1 Yes [x] No II 1 Yes ] No Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer: (first name, middle Initial, last name) 9. EEO Officer's Working Title: Naomi Rodriguez EEO Officer/Payroll Supervisor 10. Work Address of EEO Officer: (Street) 11. Work Addres. of EEO Officer: (city, state. zip) 1910 Seward Ave. Naples, FL 34109 12. EEQ Officer Phone Number: 13. EEO Officer Fax Number: ,. 239-597-2181 - 239-597-1597 14. EEO Officer amaH address: naomi~@betterroads.net - Section 3: SIGNATURE OF CORPORATE OFFICIAL , As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15. Appointing Official's Signature: 16. Oat.: (Mo/OayNr.) Art ;1 ;::L..\ Iz/fo/tle 17. Official's Name: ~ r1nte Joe L-::'Turner 18. Official'. Tille: (printed) President \..,/ (This Section For FDOT Use) Section 4: Processing of Notification 19, Processed by: (First and Last Name) 20, Date Processed: (mo/day/yr) DISTRIBUTION: Original to FDOT Central EO om", fi~s: Copy: Mailed to Contractor UPDATE ACTION: Inoulln EOR Svstem 16B1 .. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACTOR'S AFFIDAVIT VEHICLE REGISTRA nON 7lXUll0-52 CONSTRUCTION 08101 State: Florida Collier County: BEFORE ME, Ihls day personally appeared Joseph M. Restino (Contraclor's Name) who says that all of the vehicles operated or caused to be operaled by said Contractor. are registered in the State of Florida, in accordance with Section 320. TYPED NAME: Joseph M. Restino POSITION: Vice President COMPANY NAME: Better Roads Inc. COMPANY ADDRESS: 1910 Seward Ave. Naples, FL 34109 State of Florida County: Collier Sworn 10 and subscribed before me this 4th day of December , 2008 by Joseph M. Restino ~('int name of person signing Certificatlon) JtL-~ vO. ~1'''~(' ~ ~.f. i ,.~ o,;~o~ Notary Public State of Flonda Donna DiMare My Comrrllss;on 00711581 Expires 1010512011 v '> 10-5-2011 Commission ExpIres Personally Known ....!- OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: 1681 ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 275-030-10 EQUAL OPPORTUNITY OFFICE 02/0. Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee Sl., 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: Retter Roads Inc. AddresslTelephone Number: 1910 Seward Ave;, Naples, FL 34109 (239) 597-2181 Bid/Proposal Number: 09-5140 Quote Submitted MMIYR: 12/08 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-OBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6,7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax 10 Number: 592319514 6. o DBE 2. Firm Name: Better Roads Inc. 00 Non-DBE 3. Phone: 239-597-2181 4. Address: 1910 Seward Ave. Naoles. FL 34109 7. 0 Subcontractor 0 Subconsultant 5. Year Firm Established: 1983 1, Federal Tax 10 Numb.er: 650678751 6. [!I OBE 2. Firm Name: Kate's Enviro Fencing Inc. 0 Non-DBE 3. Phone: 239-948-3116 4. Address: 3435 Quail Drive Bonita Springs , FL ' 34134 7, 00 Subcontractor 0 Subconsultant 5. Year Firm Established: 1996 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5,- $10 million o Between $10-$15 million !Xl More than $15 million 8. Annual Gross Receipts IKJ Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 1. Federal Tax ID Number: 650595477 6, 00 OBE 8. Annual Gross Receipts 2. Firm Name: GeE Services Inc. 0 Non-OBE 0 Less than $1 million 3. Phone: 239~995~1781 IX! Between $1 - $5 million 4. Address:' P.O. Box 150052 0 Between $5 - $10 million Cape Coral. FL 33915 7, 00 Subcontractor 0 Between $10-$15 million 0 Subconsultant 0 More than $15 million 5. Year Firm Established: 1995 1681 STATE OF FLORJDADEPARTMENT OF TR.A.NSPORTAT10N CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 215-O3()..10 EQUAL OPPORTUNITY OFFICE 02108 1. Federal Tax 10 Number: 650536902 6. 2. Firm Name: Cross Country Underground 3. Phone: 239-594-5000 4. Address: 5650 Yall Street Naples. FL 34109 o DBE 00 Non-DBE 8. Annual Gross Receipts o Less than $1 miilion ~ Between $1 - $5 miilion o Between $5 - $10 million o Between $10 - $15 miilion o More than $15 million 7. 00 Subcontractor o Subconsultant 5. Year Firm Established: 1994 1. Federal Tax 10 Number: 203507657 2. Firm Name: Banks En~ineerin" 3. Phone: 239-597-2061 4. Address: 2515 Northbrooke Plaza Ste. 200. Nayles. FL 34119 6. 0 OBE IXI Non-DBE 8. Annual Gross Receipts o Less than $1 million [] Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 miliion o More than $15 miilion Dr. 7. 00 Subcontractor o Subconsuitant 5. Year Firm Established: 1993 1. Federal Tax 10 Number: 592570133 6, 0 DBE 8. Annual Gross Receipts 2. Firm Name: Tincher Concrete Canst. IXI Non-DBE 0 Less than $1 mliiion 3. Phone: 239-267-7766 0 Between $1 - $5 million 4. Address: 16900 Gator Rd. 0 Between $5 - $10 million Ft. Myrs. Fr. 13912 7. IXI Subcontractor If] Between $10 - $15 million 0 Subconsultant 0 More than $15 million 5. Year Firm Established: 1979 1. Federal Tax 10 Number: 592114027 6. o DBE 8. Annual Gross Receipts 2. Firm Name: Trutwin Industries, Inc. I!] Non-OBE 0 Less than $1 million 3. Phone: 239-489-4240 0 Between $1 - $5 million 4. Address: 8031 Mainline Pkwv. IKI Between $5 - $10 million Fort Mvers. FL 33912 7. 00 Subcontractor 0 Between $10 - $15 miilion o Subconsuitant 0 More than $15 million 5. Year Firm Established: 1978 1. Federal Tax 10 Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 Less than $1 million 3. Phone: 0 Between $1 - $5 million 4. Address: 0 Between $5 - $10 million 7. 0 Subcontractor 0 Between $10 - $15 million 0 Subconsultant 0 More than $15 million 5. Year Firm Established: 1681 EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing POlicy, (known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In dOing so, the undersigned hereby declares that: Better Roads Inc. Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any pUblic entity within the last five (5) years of the date of this submission. 3. Signa\\Jre 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 declarallon below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presenlly debarred. suspended, proposed for debarment. declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. , /", / Joseph M. Restino, Vice President' 4..l..( " Name(s) and Tltle(s) of Authorized RepresentaW e(s) Better Roads Inc. VV Na 0 BuslnElSs. / I ;r--' <</ .v?UP thorized Signature(s) December 4, 2008 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 Tltle(s) of Authorized Representative(s) Name of Business Authorized Slgnature(s) Date GC-CA-I-11 ~ ~ ~ > 0. e ~ it ~ ~ i ;- - m ~ a ~i.:1 (j U> 3 ~ ;;I i d g mil ~ I"'"ICI ! ~ !l 9- 0 0 . 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" - " .. ~o 5l.i o ::J. a. tl) .. 9 ;! m ~ -i m o " " 5 ;0 ~ o ~ ;:: ~ o " ~ z ~ o ~ :! o z o m ~'!l ::::l~ :!!~ ~~ 0" ZO ~i CII~ Co m" r~ !!I~ ::EO! o~ ;lllz '" 'f'lf. ~~ ~~i"/~ .....~ ~..B.f\ ~~~ I J" ~ :-v '" ~" .'~ ~ ~ ................J.::::-.... i"/....: :0." 1IIIf \\\\ 1111ll/lllll"\\\ '=' "" t'1 TRUTWIN INDUSTRIES (SCHEDULE A) liTEM NUMBER DESCRIPTION 700-20-11 Single Post Sign, F&I, Less than 12 SF RI-1 (30" x 30") 700-20-11 W3-IA (30" x 30") 700-20-60 Single Post Sign Remove . 700,48,48 SI9n Panels Relocate, 15 or < 705-3 Retro-reflectlve Pavement Markers Bi Directional White/Red 711-11~121 Retro-reflectlve Pavement Markers Bl Directional Yel1owlYelJow 711-11-122 Thermoplastic Standard White, Solid 6" 711-11-124 Thermoplastic Standard White, Solid 8" 711-11-125 Thermoplastic Standard White, Solid 18" 711-11-141 Thermoplastic Standard White, Sold 24" 711-11-241 Thermoplastic Standard White Skip 6" 711-11-170 Thermoplastic Standard Yellow, Skip 6" 711-11-221 Thermoplastic Standard White Arrow (Turn Around) 711-11-221 Thermoplastic Standard Yellow, Solid 6" 711-11-224 Thermoplastic Standard Yellow Solid 18" 711-17 Thermop[astic Remove /- . ".ip.if~ President //J1 J~J; 12 4 08 Date QTY UM 1 AMBY 1 AMBY 3 AMBY 1 AMBY 37 EACH 94 EACH 1465 LF 375 LF 399 LF 20 LF 54 LF 66 LF 6 EACH 2044 LF 182 LF 1388 SF UNIT PRICE $227.19 $227.19 $69.91 $7,922.64 $5.83 $5.83 $0.93 $1.45 $4.68 $6,99 $0.93 $0.93 $81.58 $0.93 $4.66 $2,62 ITOTAL . 1681 TOTAL PRICE I $227.19 $227.19 $209.72 $7,922.64 $215.54 $547.59 $1,365.49 $546.14 $1,859.49 $139.81 $50.33 $61.52 $489.34 $1,905.16 $848.19 $3,638.59 $20,253.951 TRUTWIN INDUSTRIES (ATTACHMENT A) 6B 1 ITEM NUMBER 700-20-11 700-20-11 700-20-60 700-48-48 706,3 711-11-121 711-11-122 711-11-124 711-11-125 711-11-141 711-11-241 711-11-170 711-11-221 711-11-221 711-11-224 711-17 DESCRIPTION Single Post Sign, F&I, Less than 12 SF RI-1 (30" x 30") W3-IA (30" x 30") Single Post Sign Remove Sign Panels Relocate, 15 or < Retro~reflec:tlve Pavement Markers Bl Directional WhitelRed Retro-reflecllve Pavement Markers BI Directional YellowlYellow Thermoplasllc Standard White, Solid 6" Thermoplastic Standard White, Solid 8" Thermoplastic Standard White. Solid 18" Thermoplastic Standard While. Sold 24" Thermoplasllc Standard While Skip 6" Thermoplastic Standard Yellow, Skip 6" Thermoplastic Standard White Arrow (Turn Around) Thermoplastic Standard Yellow, Solid 6" Thermoplastic Standard Yellow Solid 18" Thermoplastic Remove QTY UM 1 AMBY 1 AMBY 3 AMBY 1 AMBY 37 EACH 94 EACH 1465 LF 375 LF 399 LF 20 LF 54 LF 66 LF 6 EACH 2044 LF 182 LF 1388 SF UNIT PRICE $240,80 $240,80 $74,10 $8,400,00 $6,15 $6,15 $1,00 $1.55 $4,95 $7,40 $1,00 $1.00 $86.45 $1.00 $4.95 $2,80 (TOTAL TOTAL PRICE $240.80 $240.80 $222.30 $8.400.00 $227.55 $578.10 $1,465.00 $581.25 $1,975.05 $148.00 $54.00 $66.00 $518.70 $2,044.00 $900.90 $3,886.40 $21,548,851 1681 (1 (1"~;Oi? 9 OO?1).lIl"-I c: a"," t:.. J: ::J ,- ... Z CD rn f,{ g:~. ~ a ~ :. B ~~ ~ .. :'g ~ ~ 5 ;0 ~ " m ~ ~ ~ o '" -I ~ (J) ~ ~ ~ @ Chonge ,,~ i " ~~~~ ~Hi il~~~ H~_ ~J i ~ f !H~ . ~.D I: ~h '0; li'[! o. 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'J~' 'l'l/ ........ \\'~ I1I1 \\\\ 11111/IIJllll\\\\ 1 CROSS COUNTRY UNDERGROUND (SCHEDULE A) liTEM NUMBER DESCRIPTION 425-1-521 Inlets, Dt. Bot. Type C, <10' 425-1-545 Inlels, Ditch Bottom, Type D. Partial 425-1-551 Inlels, DI. Bot, Type E, <10' 425-78 Inlet Cap, Precast 430-171-101 Pipe Culvert Optional Material, Round - Shape, 0 - 24', SS 430-171-102 Pipe Culvert Optional Material, Round - Shape, 25 - 36', SS 430-984-133 Mitered End Secllon, Optional Round. 30" SD QTY UM 1 EACH 1 EACH 1 EACH 1 EACH 3 LF 170 LF 3 EACH (jkt:(.!!.~ 12/4/08 UNIT PRICE $2,404.91 $2,135.75 $3,329.42 $1,843.18 $101.99 $66.71 $1 ,872.43 ITOTAL 16B1. TOTAL PRICE I $2,404.91 $2.135.75 $3.329.42 $1,843.18 $305,97 $11,339.93 $5,617.30 $26,976,45 I CROSS COUNTRY UNDERGROUND (ATTACHMENT A) 16B1 liTEM NUMBER 425-1-521 425-1-545 425-1-551 425-78 430-171-101 430-171-102 430-984-133 DESCRIPTION Inlets, Dt. Bot. Type C, <10' Inlets, OUch Bottom, Type D, Partial Inlets, Ol. Bot, Type E. <10' Inlel Cap, Precast Pipe Culvert Optional Material, Round - Shape, 0 - 24", SS Pipe Culvert Optional Material, Round - Shape, 25 - 36". SS Mitered End Secllon, Optional Round, 30" SO QTY UM 1 EACH 1 EACH 1 EACH 1 EACH 3 LF 170 LF 3 EACH UNIT PRICE $2,550.00 $2,264.00 $3,530.00 $1,955.00 $108.00 $70.70 $1,985.00 ITOTAL TOTAL PRICE I $2,550.00 $2,264,00 $3,530.00 $1,955.00 $324.00 $12.019.00 $5.955.00 $28,597,00 I 1681 -j o '! ~I~I~I " ~g?~g~:i c:: r+"'"O Z ll) m :J Z a 0 ~ 00 r R ':""':. Z ~ q ~g ~ " " r o ;0 ~ <:1 !::J )> g I Chang> ~ '" .(j) CD ~ " 0- 0 p. 0 t'> ;? CD iil " !l d' 0 ~ t'> Z . ~ CD -lm~:?~ :1o~Q.-g~gDl~l,O~,'8 3g.if~~5'.!l]~.~ ~a33!l~~[~'~g ....~o~. -ast!"TI.... 1J:~~~~h.mn ~'i'<aj~. ~'-il1" Sg~g ~~g~J:g !i"Al ""! ii1:::J g. ~ '[ ,..q5: '" ~~~Affma'8~0. QI c='(tl3~ C"1glS. C' :l~O'5"".:Q'Tl~;:; ~Q.~!!~3~a~2.g Q"-~~" -!:l"- Sit~ii"'~3lfiftDrr~ "'>~g;-g5'~aO(ll (: l ;Ii III m g n 2" :) Hp:~,,~~~~~ Qo~8.a.'l"il~"o; :t ::1 ~ 3. ~ tJ II Q. 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MIscellaneous Concrete Curb & Gutter, Type F Sidewalk Concrete, 6" Thick Concrete Ditch Pavt., Non Reinforced, 3" CTY UM 5 CY 5 CY 516 LF 190 SY 5 SY UNIT PRICE $530.00 $530.00 $10.60 $28.60 $196.10 ITOTAL TOTAL PRICE I $2,650.00 $2,650.00 $5,469.60 $5,434.00 $980.50 $17,184.10 I '"t1 ~ ..... :> /II ~ ~ ..... c..l:!:g:0I m g III [ m g ~!'l ::l...::I (l) n~.O ti ~ 3'" 3 ft~~a r:J iiI' (I ~ So a;; .. 3 Qt~ (i' _ III ~. : [:J !l~S .00 3: :::. III . 0 , ~g:B o - , . . , ~ ii a 1\l III o' ~ft~ . .-- ~ ~ :: ~~~ II) ::;!.C1 '0. 0' "- 'l.~lr 3 ' "- 5' g o' . . , - a - ~ . . . ~ . , 0 c . , '" li'~~ Y> =:J Ilol,?l..... "ii'< ~ 9 , c 2:a.~ ~ ~ ~ c ~ . , . c 2 c . t\I.2:~ ~a~ ~ :r 0' -0 lD.::I V v 2' ~ cr 0 .. 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(SCHEDULE A) 1681 lITEM NUMBER 104-10-2 104-11 104-13-1 DESCRIPTION Synthetic 8ales Floating Turbidity Barrier Slaked Silt Fence ~/tf QTY UM 180 LF 50 LF 585 LF 12 4 08 Date UNIT PRICE $7.00 $6.50 $0.70 ITOTAL TOTAL PRICE I $1,260.00 $325.00 $409.50 $1,994.50 I KATE'S ENVIRE FENCING INC (ATTACHMENT A) 16B 11 liTEM NUMBER 104-10-2 104-11 104-13-1 DESCRIPTION Synthetic Bales Floating Turbidity Barrier Staked Slit Fence QTY UM 180 LF 50 LF 585 LF UNIT PRICE $7.40 $6.90 $0.75 ITOTAL TOTAL PRICE I $1,332.00 $345.00 $438.75 $2.115.751 16B1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION STATEMENT 275-<J30-11A EQUAL OPPORTUNITY OFF!CE 02108 1. FINANCIAL PROJECT NO. 2. FAP NO. 3. CONTRACT NO. 4. COUNTYIIESI 5. DISTRICT Collier Co. Collier Bid # 09-5140 One 6. PRIME CONTRACTOR NAME 7. FEID NUMBER Better Roads Inc. 59-2319514 8. CONTRACT DOLLAR AMOUNT 9. REVISION? ~ IF YES. REVISION NUMBER: - 10. IS THE PRIME CONTRACTOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT CERTIFIED "DBE"? (DISADVANTAGED Ii9 NO CONSTRUCTION rn OR MAINTENANCE D? BUSINESS ENTERPRISE) 0 YES 12. ANTICIPATED DBE SUBCONTRACTS: PERCENT OF DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT DOLLARS A Kate's Enviro Fencing Erosion Control $ 1,994.50 1.4% B GCE Services Inc. Sod $ 2,020.50 1.4% C D E F 11A TOTAL DOLLARS TO 118 TOTAL PERCENT OF DBE'S CONTRACT $4,015.00=$lJ,OO 2.8%-{Hl9% 13. SUBMITTED BY /0 12.DATE 13. TITLE OF SUBMITTER Joseph M. Restino (h AI ,,/ .#-;;1} ~ n8 Vice President 14. EMAIL ADDRESS OF SlJ~ITTER 15. FAX NUMBER 16. PHONE NUMBER jr@betterroads.~t 239-597-1597 239-597-2181 NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FOOT CONTRACTS. THE ANTICIPATED CBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE! FOLLOWING SECTIONS ARE! FOR FDOT USE! 17 .PROCESSED BY 18. DATE TO ED OFFICE 19. lETTING DATE 20. EXECUTED DATE 21. PRECON CONF DATE 015 T I 0 FAX 0 EMAIL 22 .SUBMITTED TO EO BY 0 SHARED FOLDER EO I 23 .INCLUDED IN DBE PARTICIPATION REPORT OF 1M/DrifT I I OFC I I 1681 CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federallv Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non-SeQreaated Facilities 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor/subcontractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor/subcontractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor/subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor/subcontractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will re 'n such cert~fications in his fi,~ /' // >utf?# / ' ignature Joseph M. Restino, Vice President Printed Name Better Roads Inc. Firm Name 9/2008 Form C.004 168 1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Better Roads, Inc. ("Contractor") of 1910 Seward Avenue, Naples Florida 34109, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 111th Avenue at 8th Street Intersection Improvements, Bid No. 09-5144 ("Project"), as said Work is set forth in the Plans and Specifications prepared by URS, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the perforrnance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful perforrnance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one hundred and forty eight thousand six hundred sixty dollars and sixty cents ($148,660.60). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of GC-P-13 1681 which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liQuidated DamaQes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreernent. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within sixty (60) calendar days from the Commencement Date (herein "Contract Tirne"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within fifteen (15) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is cornpleted in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since tirne is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the tirne specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's darnages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Cornpletion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, seven hundred and fifteen dollars ($715.00) for each calendar day thereafter until Substantial Completion GC-P-14 1681 .. is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. GC-P-15 16B1 ~ H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions (l-APFUNPgPPROJECJ) Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by URS and identified as follows: 111th Avenue at 8th Street Intersection Improvements as shown on Plan Sheets 1 through 25. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Claudine Auclair, Project manager Collier County Transportation Planning 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252-8192 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: GC-P-16 1681 Joseph Restino, V. P. Better Roads, Inc. 1910 Seward Avenue Naples, Florida 34109 (239) 597-2181 (239) 597-1597 (Fax) C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreernent. Section 11. Governinq Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. GC-P-17 16B1- Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreernent. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-P-18 16B1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. 9WITNESSZ '/ FI TWITNESS ))~ AJA);I J /J I ff~e- Type/Print Name By: CONTRACTOR: \\\\lllllllilIIIJ ",~_Q. R"" ,",0'111, ""\'V' Vl"\Uu IA/!< Be,tter Road~, In . ~jJf;,""':':!\ ( ,/ 'J t.i -.... ..9.POR.4~ \ ~ v(. v <-r ~~ : : , i " SEAL } ~ , Joseph M. Restino. Vice~r;;',,!ident ....! Type/Print Name and 't~e ",J9.!;l.;l... ..~ '11"11 f:'L OR\Q ~,\\,,\ IllIllIHlI\\\\\'\ S r Type/Print Nam Date: J/1P/b 1 OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY lORIDA BY: ~ dd.~ a Fiala, Chairman . '~C , , . ,It '$, to;, III m... . _"lvn.turi,''',Oft7. Approved AsX& Farm :~:t::es"ti;!? J~ Assistant County Attorney Item# J lo61 Agenda d..1/Ci'flQ Date ~lJ.r Date 2 J., f r(} Roc'd ~ ~ GC-P-19 , FRONT PAGE OF PUBLIC PAYMENT BOND THIS BOND IS GIVEN TO COMPL Y WITH SECTION 255.05, FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2), Florida Statutes Oq'),)-$ 16 B 1 C/ot' Sa. 7{9~ BOND NO. 8915516 4262896 OR: 4428 PG: 2975 RECORDED in OFFICIAL RECORDS of COLLI!R COUNTY, FL 02/19/2009 at 08:21AM DWIGHT E. BROCK, CLERK REC FEE COPIES RISC 18.00 9.00 2.00 CONTRACTOR: Better Roads Inc. POBox 9979 Naples, FL 34101 239-597-2181 Retn:DONNA DIMARE BETT!R ROADS INC 1910 SEWARD AVB Fidelity and Deposit Company of !N'P\rtH;l"t!.d34 I 09 1400 American Ln, Tower I Schaum burg IL 60196 800-382-2150 SURETY: AGENT: Lykes Insurance, Inc. Construction Services Division 400 Nortb Tampa Street, Suite 2200 Tampa FL 33602 (813) 223-3911 OBLIGEE: The Board of County Commissioners of Collier County FL 3301 East Tamiami Trail Naples FL 34112 239-252-8999 CONTRACT BOND AMOUNT: $148,660.60 PROJECT: Illth Avenue at 8th Street Intersection Improvements Bid No. 09-5144 Location: lllth Ave & 8th St Intersection, Collier County Naples FL EXPERIENCE the POWER ,(PARTNERSHIP 1bt1~~, UK: qq,~ ~G: ,~/b 16Bl EXHIBIT A PUBLIC PAYMENT BOND Bond NO. 8915516 111th Avenue at 8th Street Intersection Improvements Bond No. 8915516 Contract No. 09-5144 KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc. 1910 Seward Ave, Naples FL 34109 and Fidelitv and Deposit Companv of Marvland Surety, located at 1400 American Ln, Tower I, Schaumburg IL 60196 (Business Address) are held and firmly bound to The Board of count~ Commissioners of as Obligee in the sum of One Hundred Fortv-ei iht Thousand Six lmn~gFHji:tyO~lUiY 6grlOO ($ 148,660.60---) for the payment whereof we bind ourselves, our heirs, executors, Dollars personal representatives, successors and assigns, jointly and severally. , as Principal, , as WHEREAS, Principal has entered into a contract dated as of the _ day of 2009, with Obligee for !lith Avenue at 8th Street Intersecwn iIlt: Bid no. 09-5144 - accordance with drawings and specifications, whlc rovements contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in, Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the ,Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20...Q.'1 the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 OR: 4428 PG: 2977 Bond No. 891551616 B 1 111th at 8th ST Intersection ~ 5Igoe', ",., "d d,U'e~d L. XC' 1J1' ~ / \\\\\\11111111_'11 ,\\'\~ ROADS'IIII;... PRINCIPAL ~~~..................~c!"% i ./ ~-'pOR.4l; \. % Better Roa!s tn~. ~:; AL ff $ " ..- ~ fro.: "".... 1kIt~ Witnes s as to Prin al BY: NAME: ITS: si ent 11111111\\\ STATE OF Florida COUNTY OF Collier The foregoing instrumentwas acknowleCfgedbefore m~ this /1#Jay of ~4i.4r2V 20~, by ::TiEL. -r;;J(!.;vUL , as L:'4t;t''!:>&fo./r rIf Better Roads Inc. , a Florida corporation, on behalf of the corporation. ~/she is personally known to me OR has produced as identification and did (0d not) take an oath'b" , (), / h '" My Commission Expires:/O .-:j-;;uJ11 ~ . ~ /11-,",,-- .~ 'd ~i9 ature of ~otary) ~~ "lJ.t. Notllry Public State of FlOri a ~. ~ ' R~t...-.,.. Donna DiMare M fA. / A ".- . ~ .; My Commis",ion 00711581 ~ NA E: 'tfAj~.".-' II /Y//heI:::..-' ~..,..;" ;i' E'pires 10105/2011 (Legibly Printed) .,.,,-v .'W'..... (AFFIX OFFICIAL SEAL) Notary Public, State of FLAil" 1'~11 Commission No.: b'h 1'// :5Irt SURETY: ATTEST: Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln, Tower 1 Schaumburg IL 60196 (Business Address N/A Witnesses to Surety (Authorized Signature) N/A (Printed Name) GC-CA-A-2 16B1 OR: 4428 PG: 2978 '. Bond No. 8915516 111th Ave @ 8th St Intersection OR ~~~ <1 l.~. c1 As Attorney in Fact and Florida Licensed (Attach Power of Attorney) Resident Agent Eileen C. Heard (Printed Name) Lykes Insurance, Inc. 400 N Tampa ST #2200 Tampa FL 33602 (Business Address) 813 223-3911 (Telephone Number) STATE OF Flori da COUNTY OF Hillsborough The foregoing instrument was February , 20...Q.~ by Attornev in-fact Surety, on behalf of Surety. known acknowledged before me this ....l1!h day of Eileen C. rd , as of He/She is d wn to me ~~~ed t fication and who W (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: iMOMSOM Pf.1@ ~\ r Slale 01 flolllla I' IlI~. oat ~5, 201~ ~~ uGml"h ''''11' 00 1364~O tllll\l'''~()' Name: (Legib y Printed) GC-CA-A-3 -l6tJl OR: 4428 PG: 2979 EXHIBIT A PUBLIC PERFORMANCE BOND 111th Avenue at 8th Street Intersection Improvements Bond No. 8915516 Contract No. 09-5144 KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc.. 1910 Seward Ave Naples FL 34109 , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1400 American Ln, Tower 1, Schaumburg II 60196 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County FL ,as Obligee in the sum of One Hundred Forty-eight Thousand Six Hundred Sixty and 60/100 Dollars ($ 148,660.60 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ., 20JL9 with Obligee 111th Avenue at 8th Street Intersection Improvements, Bid No. 09-5144 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC-CA-A-4 Bond No. 8915516 111th ave @ 8th St Intersection OR: 4428 PG: 2980 1b81 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20~~ the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ",\1'"1"1111/1 ,\\\ ofUl'i::"'II; ,''..t;'''-Q. fl~~'%'" "",",~:.......... .0} S:f.t':- ,- ".'" Sqr./ :'". ~ f ((.,(:)"OR.f~\, \ ;pc; i ~ Signed, sealed and delivered i presence of: PRINCIPAL , ~. ?I!r1!i Witnesse s to Princip BY: '>' '>' , NAME: ITS: Florida Collier STATE OF COUNTY OF Tj).e fore~oinin,strument ~ acknowledged before me this ./1.#1 day of rzu:; _, 20e.. by JL'/~ L. '7tt ,epe~ , as __,-' ,;u'r of Better Roads Inc. , a Florida corporation, on behalf of the corporation. ~/she is personally known to me _ OR has produced ' - as identification and did . not) take an .-5- -.;2 t1 / / ....f'" ""-If, Notary PUb, lie Slale of Florida !'-, . Donna DiMare ~.:.;. .". ~ My Commission DD711581 ~o, fl.O~ Expires 10105/2011 (AFFIX OFFICIAL SEAL) Name: o,.}JJA ~/i1f11L.C (Legibly Printed) Notary Public, State of: ;:~K'/ AI'I Commission No.:))j) '///~~ I . GC.CA-A-5 1681 Bond No. 8915516 111th Ave @ 8th St Intersection ATTEST: SURETY: OR: 4428 PG: 2981 Fidelity and Deposit Company of Maryland (Printed Name) 1400 American Ln, Tower 1 Schaumburg IL 60196 (Business Address) N/A (Authorized Signature) N/A Witnesses as to Surety (Printed Name) ~a~, aLF~ , IA~. WitnessEW OR (Printed Name) Lykes Insurance 400 N Tampa St #2200 Tampa FL 33602 (Business Address) 813 223-3911 (Telephone Number) STATE OF COUNTY OF Florid. Hillsborough knnwn me this 13th day of ,as Attorney-in-fact corp. Surety, on me ,QlixxRii x~ed did (d' take an oath. My Commission Expires: THOMSON I'ElE . \e 01 FlorIda "0\8rv publiC. S\a '5 2011 " ~p Dec. I , My comm. e~ . DO 738410 Comm. u. (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: GC-CA-A-6 OR: 4428 PG: 2982 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1681 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, ofthe By-Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff) t 'b.ru reof, does hereby nominate, constitute and appoint Richard P, RUSSO, JR., Tanya L. R , II, Peter A. THOMSON and Eileen C. HEARD, all of Tampa, Florida' e omey-in-Fact, to make, execute, seal and deliver, for, and on its beha 0 ~.ts ' and all honds and undertakings, and the execution Of~UC n . se presents, shall be as binding upon said Company, as fully an~amPl tQ:'l!t('€f . een duly executed and acknowledged by the regularly elected of Cbhl i p, ore, Md., in their own proper persons. This power of attorney revokes that issued Of~~, JR., Tanya L. RUSSO, Hiram P. HAMPTON, II, Peter A. THOMSON, Eileen C. HEARD, d~~I:2DW The said Assistant Sef~ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and afftxed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of September, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gregory E. Murray Assistant Secretary ~.f1It'.O ~/k;4 ~ Theodore G. Martinez State of Maryland }ss. City of Baltimore . On this 3rd day of September, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly conunissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offtcers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said offtcers of the Company aforesaid, and that the seal afftxed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. fY~~J Dennis R. Hayden Notary Public My Conunission Expires: February I, 2009 POA-F 031-3055 IACORD~CERTIFICAT-E OF LIABILITY INSURANCE I PRODUCER 1 Marsh II 3031 N. Rocky Point Drive, Suite 700 Tampa. FL 33607 101266-Bett-Cas-08-09 INSURERS AFFORDING COVERAGE 16d 1 , ! INSURED I Better Roads, Inc. 1910 Seward Avenue Naples, FL 34109 INSURER A: Travelers Property Casualty Company Of -. ----- --. ------ ---... -- ------ INSURER B: Charter Oak Fire Insurance Company - ---- INSURER c: Continental Casualty Company DATE (MMIDDfYYYY) 02/12/2009 ---~""-'------ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '-COVE-RAGES--~ - ______.___n. 4 -THE POLICIES--OF lt~iSURA-NCE LISTED BELOW"HAVE-SEE-NiS-sUEfl TO THE INSURED-NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~NS~ ADD' TYPE OF INSURANCE POL.ICY NUMBER OllCY EFFECTIVE POL.ICY EXPIRATION iLTR IINSR DATE (MM/OD/YYj DATE (MMIDDNY) I I X GENERAL L1ABIL.ITY VT JEXGL5000B671 A I ~: X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE [K] OCCUR 'X . SIR_.$25D.,DDO ,.------ GENERAL AGGREGATE LIMIT APPLIES PER X -, POLICY ---I j:8,: LOC I A X AUTOMOBILE L1ABIL.ITY :~ ANY AUTO - ALL O\r\tNED AUTOS : SCHEDULED AUTOS :X HIRED AUTOS 'X NON-OVVNED AUTOS I INSURER D =-----'--- I INSURER E: 06101/08 06/01/09 VTC2JCAP5800B683 06/01/08 06/01/09 ANY AUTO C I I I , r--" I ~~~~ESSIUMBRElLA LIABILITY i---J OCCUR CLAIMS MADE DEDUCTIBLE I 06/01/08 L2091118453 06/01/09 VTC20U85000B66A 05/31/08 06/01/09 : ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~t;ltis~~bci~~?O~s below i A : OTHER Auto Physical Damage I VT J8AP5800B695 06/01/08 06/01/09 NAIC# :25674 25615 20443 ~OOO 500,000 750,000 2,000,ooq 2,OOO,Ogq I I COMBINED SINGLE LIMIT 1$. I (Eaaccldenl) _ BODILY INJURY 1$ (per person) ___~,,_~_______._ 1-.. I BODILY INJURY ,$ i (Per accident) ! I rrJ;,?~:'~~~~AM~---I~-----~ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EACH OCCURRENCE $ AGGREGATE $ _.-~----,-~-- $ 2,000,000 -~0Q.0Qg 5,000,000 ~_~JT~Jgs I .lOJ~ I . l.EACHACCIDENT , 1~~O,6D'? L. DISEASE - EA EMPlOYE~ 1,OOO,oog L. DISEASE - POLICY LIMIT 1$ -1,OOO,00q Comp Deductible 5,000 Collision Deductible 5,000: ITS AGENTS OR LIMITS EACH OCCURRENCE ~~~~~~J~:;~c~;2.ce $ MED EXP (Anyone person) $ $ $ $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AG DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Re: Intersection Improvements - Contract #09-5144 - 111th Avenue at 8th Street Collier County BOCC is included as Additional Insured where required by written contract and allowed by law with respect to General Liability and Auto Liability. CERTIFICATE HOLDER ATL-001702419,01 CANCELLATION Collier County of County Commissioners 3301 E. Tamiami Trail, East Naples. FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAIL ~_~ DAYS WRITTEN NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, A~m2~fiEBtJ~~c~SENTATIVE Erica Connick ACORD 2~n2001/08) D-..... IF REPRESENTATIVES. o ACORD CORPORATION 1988 1681 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), 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), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2001/08) Reverse of Page 1 1681' EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and rnaintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 1681 ~ coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11,3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? [g] Yes D No (1) Workers' Compensation and Ernployers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-B-2 16B1 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. o Applicable [Z;J Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. o Applicable [Z;J Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? [Z;J Yes 0 No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: x General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. GC-CA-B-3 1681 o Applicable [Z;JNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. o Applicable [Z;J Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-B-4 1681 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? [Z;J Yes 0 No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that; in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-5 EXHIBIT C RELEASE AND AFFIDAVIT FORM 16B1 COUNTY OF COLLIER STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20_ for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien ora demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,20_, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 16B1"'; EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP'S Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE (Type Name and Title) GC-CA-D-1 Ul W :J ..J <( > iU. ,0 'w ..J :J C W J: U Ul 'C ~ ~ c: ~ o U ;;~ ~ .... . iii Z 1> 1:1: III I~ l Wo ..J"'..J <<w I-~J: o~~ I-~~ W '" : ~;2 -g 1- g ~ 1 '" W '" ~~ ~~ W '" W:r: oen z- :J~ <0 <D.... .... W Z.... WW ~i 1- ~-~ o filcw ...,JI-W.... <(WD:::<( I-...JOC g~t;o 8061- en 0..J w< f5i:2 ....w en!;; " . ~ E :l 0 Z .... U ~ ~ ! .~ 0. 0 0. c enO :1:0:: ....w 0.. c w .... 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I - .. c 16B1 TO: Project Name: Sid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ...........................................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ...........................................................$ Revised Agreement Amount .......... .......... ....... ...... ... ....... ... ..... ... ... ..$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) Date: Object Code: Project GC-CA-E-5 16 B 1 ~ EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 1681 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title GC-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as 16B 1 . ,20_ and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO If any of the above is not applicable, indicate by N/A. explanation. Acknowledgments: By Contractor: 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 NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Desig n Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 1681 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 1681 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 3. SCHEDULE. 1681 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 4.3 Unless expressly approved by Owner in advance and in writing, said approval ~ 6 B 1 Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC-CA-H-4 1681 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) GC-CA-H-5 1681 unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, GC-CA-H-6 1681'" materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse GC-CA-H-7 1681 Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit GC-CA-H-8 and utility services. All buried and concealed items, both inside and outside the pr~e~ 8 1 .... site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time GC-CA-H-9 extension shall not be a condition precedent to the aforementioned "No Damage F! 6 B 1 Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all GC-CA-H-10 16B1 Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11, CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. GC-CA-H-11 16B1 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13, INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. GC-CA-H-12 16B1 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as GC-CA-H-13 16B1 well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act GC-CA-H-14 1681 of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and GC-CA-H-15 16B 1. Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20, COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of GC-CA-H-16 the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21, WARRANTY, 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and GC-CA-H-17 1681 conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written GC-CA-H-18 16 .~ .!, directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work GC-CA-H-19 1681 shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project. Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at GC-CA-H-20 16El all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26, EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to GC-CA-H-21 1681 prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28, SAFETY, 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. , 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and GC-CA-H-22 1681 responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; GC-CA-H-23 ... '" - .. .., 16B1 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. GC-CA-H-24 1 h R 1 ~ 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical Jines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, GC-CA-H-25 1681 e-.:""J availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract GC-CA-H-26 1601- Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders GC-CA-H-27 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 1681 Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. GC-CA-H-28 1681 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (FA C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762, FAC. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. GC-CA-H-29 1681 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA-H-30 1681 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISNMASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. GC-CA-I-1 16B1 EXHIBIT I Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. The following items must be submitted with the bid package. Any missing items will be considered a nonresponsive bid. REQUIRED FORMS (Attached N/A DBE/AA Plan Submit BOTH with Bid If your DBE/ AA Plan has not Package: been approved by FOOT: Disadvantaged Business Enterprise Affirmative Action 0 FOOT DBE/AA Plan A sample DBE policy and plan Plan Approval Letter (Form 275-030-11B) has been provided with approval DBE PLAN SUBMITTED WITH 0 Copy of DBE/ AA Policy instructions. BID MUST BE APPROVED BY and Plan FDOT N/A EEO/AA Plan Submit with Bid Package: A sample EEO policy and plan has been provided. Equal Employment 0 Copy of EEO/AA Policy Opportunity Affirmative Action and Plan The EEO plan is not required to Plan I be approved by FOOT. 700-011-13 Notification of EEO Officer Submit with Bid Package 700-010-52 Affidavit Vehicle Registration Submit with Bid Package 27 5-030-10 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 275-030-11A Anticipated DBE Statement Submit with Bid Package C-004 Certification of Non- Submit with Bid Package segregated Facilities Provide FDOT Prequalification Submit with Bid Package # GC-CA-I-2 16B1 The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Audit Reports (49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Requlations) In the event that a recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OM B) Circular A-133, If the recipient expends less than $500,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $500,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient within 30 days of receiving it. The aforementioned items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year. 3. Bonding and Prequalification (3-5, 7-13, 8-7.1 and 2-5.1 Florida Department of Transportation Guidelines) Prequalification of Bidders Except as noted below, pre-qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover. The Department does not require the Contractor to be pre-qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre-qualified bidder to have under contract at anyone time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FOOT 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 2870 17 F.S, for Category Two. All GC-CA-I-3 1681 restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. All pre-qualified Contractors bidding on any Contract must include with their bid proposal a copy of their Certification of Current Capacity (Form 375-020-22 and Status of Contract On Hand (Form 375-030-21). Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3-5. Contract Bond Required General Requirements ofthe Bond: Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Department. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non-critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the Department throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory then the Department any require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department. In such an event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor: In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract. Surety to Furnish Legal Defense: The surety company shall indemnify and provide dense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful or Criminal Act by Contractor: The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the GC-CA-I-4 1681 State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees. Execution of Contract and Bond Within twenty (20) days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7-13 to the Department's Contract Office that awarded the Contract. For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in properly executed form, the Department will deduct one day from the Allowable Contract Time as specified in 8-7.1. The Department will not be bound by any proposal until it executes the associated Contract. The Department will execute the Contract and bond in the manner stipulated in 2-5.1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor. Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3-5 and 3-6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the nex1lowest responsible bidder, re-advertise, or accomplish the work using day labor. 4, Buy America and Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines) Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the Untied States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coasting stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the Untied States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2500, which ever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporated into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in die Untied States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such GC-CA-I-5 16B 1 material, and obtain the Engineer's written approval prior to incorporating the material into the project. 5. Change Orders See Exhibit H, General Terms and Conditions, Section 10. Changes in the Work, Article, 10.2 Change Order, Collier County Contract - See attached contract section page GC- CA-H. 6, Claims See Exhibit H, General Terms and Conditions, Section 11. Claims and Disputes, Collier County Contract - See attachedcbhtract section page GC-CA-H. 7. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. 8. Debarment and Suspension (Collier County Purchasinq Policy) The Board shal/ 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 shal/ be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shal/ 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 fol/ows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no 10 contendere. GC-CA-I-6 16B1 Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director') to temporarily disqualify a contractor from County contracting or County-approved subcontracting. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXXIX If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approvalofthe 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. GC-CA-I-7 1681 j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overtum 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 ofthe County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor ofthe 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 ofthe committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication . GC-CA-I-8 16B1 .. 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 ofthat 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 offact. 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 ofthree business days to file an appeal ofthe debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the causers) and in no event shall be the debarment period exceeds five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management; 4. Elimination of other causes for which the debarment was imposed; or 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision ofthe committee regarding a reduction ofthe debarment period is final and not subject to appeal. GC-CA-I-9 16B1 .., The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6. a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice ofthe proposed debarment and an opportunity to respond. Future affiliates ofthe contractor are subject to the pre-existing terms ofthe committee's decision. GC-CA-I-10 1681 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 andlor suspendldebar the bidderlsignatory. 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 (8) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date GC-CA-I-11 1681 9. Disadvantaged Business Enterprises (Florida Department of Transportation Guidelines) Disadvantaged Business Enterprise Program: General: Prior to award of the Contract, have an approved DBE Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three (3) years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Failure to keep these commitments will be deemed noncompliance with these Specifications and a breach of the Contract. Take all necessary and reasonable steps to ensure that FDOT Certified Disadvantaged Business Enterprises, as defined in 40 CFR Part 26 and DOT Rule Chapter 14-78, have the opportunity to participate in, compete for and perform subcontracts. Do not discriminate on the basis of age, race, color, religion, national origin, sex or disability in the award and performance of DOT assisted Contracts. Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: (a) A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibly, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization (b) The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities sot that DBEs are provided an equitable opportunity to participate in Contract let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. 2. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. Encouraging eligible DBEs to apply for certification with the Department. Contacting Minority Contractor Associations and city and country agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 3. 4. 5 DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre-Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the Department's Website, actual payments, retainage, minority status, and work type of all GC-CA-I-12 16B1 subcontractors and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: (a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on Department projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts to DBEs as a percentage of the total Contract amount; (e) a description of the general categories of Contracts awarded to DBEs. (I) The specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. All such records are required to be maintained for a period of five (5) years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 10. Equal Employment Opportunity (Florida Department of Transportation Guidelines and US Department of Labor 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 national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer) who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action ,will be made fUlly cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees the notation "An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: GC-CA-I-13 16811 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. 4. Investigate all complaints of alleged discrimination made in connect with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: 1. The number of minority and non-minority group members employed in each work classification on the project. 2. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their work force). 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. 4. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Feral Highway Administration. Upon request, submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by the Contract work. Executive Order 11246, As Amended Executive Order 11246-Equal Employment Opportunity SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935,3 CFR, 1964-1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: GC-CA-I-14 16B1 Part I-Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803] Part II-Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A-Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B-Contractor's Agreements Sec, 202. Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may be cancelled, GC-CA-I-15 16B1 terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the Untied States. [Sec. 202 amended by EO 11375 of October 3, 1967,32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230J Sec. 203. (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contract or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agencies practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been GC-CA-I-16 16B l' made to secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13,1967,32 FR 14303,3 CFR, 10966-1970 Comp., p. 684; EO 12086 of October 5, 1978, 43 FR 46501 , 3 CFR, 1978 Comp., p. 230] Sec, 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders (1) whenever work is to be or has been performed outside the Untied Sates and no recruitment of workers within the limits of the United States is invoiced; (2L for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the ex1ent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposed of this Order: and provide further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec. 204 amended by EO 13279 of December 9, 200267 FR 77141, e CFR, 2002 Comp., p. 77141-77144] Part C-Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205- amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] 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. GC-CA-I-17 16 .'\ .L (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5mm 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] See 207 The Secretary of Labor shall use hislher best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [See 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] See 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. Subpart D-Sanctions and Penalties See 209 In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act 0 1964. GC-CA-I-18 16B 1 (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non-complying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules'and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec 209 amended by EO 12086 of .10/5/78, 43FR 46501, 3 CFR, 1978 Comp., p. 230] I See 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty (30) days, the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] See 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] See 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller General of the Untied States. [Sec 212 amended bylEO 12086 of October 5,1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Subpart E-Certificates of Merit See 213 The Secretary of labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter GC-CA-I-19 16B1 be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and polices of the labor union or other agency conform to the purposes and provisions of this Order. See 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. See 215 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part 11/ - 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 II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] 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 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 i,ncludes such an applicant after helshe becomes a recipient of such Federal assistance. GC-CA-I-20 1681 Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an, applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain form extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [See 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in ,conformity with the procedures and limitation prescribed in Section 602 thereof and the regulations of the administering department of agency issued thereunder. Part IV Miscellaneous Sec 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec 401 amended by EO 12086 of October 5,1978,43 FR 46501,3 CFR, 1978 Comp., p 230] Sec 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." Sec 403 Executive Orders Nos. 10590 (January 19, 1955),10722 (August 5,1957),10925 (March 6, 1961),11114 (June 22,1963 and, 11162 (July 28,1964), are hereby superseded and the President's Committee On Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, GC-CA-I-21 regulations, orders, instructions, designations, and other directives issued by the preside!'s6 B 1 Committee 0 Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec 403 amended by EO 12107 of December 28, 1978,44 FR 1055, 3 CFR, 1978 Comp., p 264J Sec 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Sec 405 This Order shall be come effective thirty (30) days after the date of this Order. 11. Equipment Rental Rates (8-1 Florida Department of Transportation Guidelines) The limitations set forth in 8-1, concerning the amount of work that may be sublet, do not apply to work performed by equipment rental agreement. However, for any work proposed to be performed by equipment rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non-operated basis.' Include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non-operated basis are operators ar<;l subject to all wage rate requirements applicable to the project. When renting equipment with,out operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on a non-operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. 12.Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines and US Department of Labor Emplovment Standards) For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all manufacturing process for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending an coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. GC-CA-I-22 '116B 1" ; 1'.' When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 13.lncentive/Disincentive Clauses (Collier CountvPolicv) The County desires to 'expedite construction on this Contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive- disincentive provision is established for the Contract. The total "incentive payment" or disincentive deduction shall not exceed $ The County will pay the Contractor an "incentive payment" in the amount of $ , for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions precedent set forth below. The term "Original Contract Time" as used in this Article will mean the number of calendar days established for completion of the work in the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on th.e calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the "incentive payment" stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., hurricane or a declared state of emergency). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in highway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the GC-CA-I-23 16B1 Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the County shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time will be used in calculation of the "incentive payment". In the event the Contractor and County are unable to agree to the number of Calendar Days to extend the Original Contract Time, the County will unilaterally determine the number of calendar days to extend the Original Contract Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the County were arbitrary or without any reasonable basis. However, notwithstanding anything above to the contrary, upon the Contractor's written request being made directly to the Project Manager, with copies provided to both the Resident Construction Engineer and the District Construction Engineer, the County reserves unto the Project Manager, in his sole and absolute discretion, according to the parameters set forth below, the authority to make a determination to either fully enforce the above provisions with no modification, modify the "Original Contract Time" by moving it, or both modify the "Original Contract Time" by moving it and also modify the "incentive amount" by reducing it. No modification of this "Incentive-Disincentive" provision will be considered by the Project Manager for any impacts, whatsoever, beyond the reasonable control of the Contractor, for which the effect results in a time extension of less than 15% of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time". Furthermore, as to any such impact, for which the effect results in a time extension of 15% or more of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time," no modification of this "Incentive-Disincentive" provision will be considered by the Project Manager unless the Contractor clearly establishes that it has continuously from the beginning of the project aggressively, efficiently and effectively pursued the achievement of the "incentive payment". This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work so as to still achieve the "incentive payment", and that, but for this impact, the Contractor would have otherwise earned the "incentive payment" provided in the original Contract. Also, to the extent the request is not submitted in writing to the Project Manager within not less than twenty (20) calendar days prior to the expiration of the "Original Contract Time," the Contractor must also continue to aggressively, efficiently, and effectively pursue the completion of the "Incentive-Disincentive" work. This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work, until a determination is made by the Project Manager or twenty (20) calendar days has expired since such written request was received by the Project Manager. There shall be no right of any kind on behalf of the Contractor to challenge or otherwise seek review or appeal in any forum, of any determination made by the Project Manager under this provision. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Article. As conditions precedent to the Contractor's entitlement to any "incentive payment" the Contractor must: (1) Deliver in-hand to the County any and all claims, in full accordance with Exhibit "H"- General Terms and Conditions, Section 11 - Claims and Disputes GC-CA-I-24 1681 (2) Actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time. (3) No later than 60 days after final acceptance by the County, the Contractor must either (a) elect to be paid the "incentive payment" pursuant to (4) below, or (b) notify the County in writing that the Contractor is electing to be paid the "incentive payment" and is reserving one or more outstanding claims for final and fully binding determination in accordance with Exhibit "H" - General Terms and Conditions, Section 11 - Claims and Disputes. (4) The Contractor shall notify the County in writing, within 60 days after final acceptance of the Contract by the County, that the Contractor elects to be paid the "incentive payment" which the Contractor is eligible tq be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the County, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of the Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except any routine County final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time, or should the Contractor, having timely completed the Contract and obtained fi.nal acceptance by the County prior to expiration of the Original Contract Time; but having failed to timely request the "incentive payment" for any reason, and including put not limited to the Contractor choosing not to either reserve one or more outstanding claims in accordance with Exhibit "H" - General Terms and Conditions, Section 11 - Claims arid Disputes for final and fully binding determination as set forth in (3)(b) above, or to fully waivei, release and acknowledge satisfaction as set forth in (4) above, the Contractor shall have 1)0 right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non-election of the "incentive payment" under this provision, the disincentive provision <flpplies to all circumstances where the work in the Contract is not finally accepted by the Allowable Contract Time. Completion and accep1ance of the Contract for purposes of this Article shall be in accordance with Exhibit "H" - General Terms and Conditions, Section 20 - Completion. Should the Contractor fail to complete the Contract on or before expiration of the Allowable Contract Time, as adjusted in accordance with Exhibit "H" - General Terms and Conditions, Section 9 - Contract Time and Time Extensions, the County shall deduct liquidated damages for each calendar day completion exceeds the Allowabie Contract Time, from the monies otherwise due the Contractor. The term "Allowable Contract Time" as used in this Article shall mean the Original Contract Time plus adjustments pursuant Exhibit "H" - General Terms and Conditions, Section 9 - Contract Time and Time Extensions. This deduction shall be the disincentive for the GC-CA-I-25 1681 Contractor's failing to timely complete the Contract. Liquidated damages remain in effect and is applicable in accordance with Section .5 of the Construction Agreement. In the event the Contractor elects to exercise this "incentive payment" provision, should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision. 14. Indian Preference On Federal-aid Projects Provision excluded from this contract. 15, FHWA-1273 (Florida. Department of Transportation Policv) Required Contract Provisions Federal-Aid Construction Contracts Required Contract Provisions Federal-Aid Construction Contracts I. General II. Nondiscrimination III. Nonseqreqated Faciiities IV. Pavment of Predetermined Minimum Waoe V. Statements and Payrolls VI. Record of Materials, Supplies, and Labor VII. Sublettinq or Assionino the Contract VIII. Safety: Accident Prevention IX. False Statements Concernino Hiohwav Proiects X. Implementation of Clean Air Act and Federal Water Pollution Control Act XI. Certification Reqardinq Debarment. Suspension Ineliqibility, and Voluntary Exclusion XII. Certification Reoardinq Use of Contract Funds for Lobbyino Attachments Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: . Section I, paragraph 2; . Section IV, paragraphs 1, 2, 3, 4, and 7; . Section V, paragraphs 1 and 2a through 2g. GC-CA-I-26 1681 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: The contractor will work with the State highway agency (SHA) and the Federal Government in car,rying out EEO obligations and in their review of hislher activities under the contract. a. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, andlor on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and GC-CA-I-27 16 8 l' will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. a. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. b. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. c. Notices. and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. d. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements fOe employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups In the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. a. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) b. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. b. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination GC-CA-I-28 1681 may extend beyond the actions reviewed, such corrective action shall include all affected persons. c. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such'corrective action shall include such other persons. Upon completion of each investigation; the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. a. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. b. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. c. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. a. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. b. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. c. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified andlor qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting GC-CA-I-29 16B1" the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract. a. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this cO,ntract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minoritY. and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. . The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any GC-CA-I-30 1681 segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) General: All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be co'mputed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH- 1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis- Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. GC-CA-I-31 1681 Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. a. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 1. Classification: The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. a. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. b. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. c. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so adv.ise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary d. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 2. Payment of Fringe Benefits: Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. a. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, helshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the GC-CA-I-32 16B 1 written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 3. Apprentices and Trainees (Programs of the u.s. DOL) and Helpers: Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. a. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job GC-CA-I-33 .loa J.. site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for \lPprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Helpers,: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 4. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted'contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. GC-CA-I-34 16B1 6. Overti~e Requirements: No contractor.or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to'the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the claUse set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to 'all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which a're exempt.) O. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. . GC-CA-I-35 1681 The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. a. Each contractor and subcontractor shall furnish, each week in which any contract work is performed,' to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. b. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that suqh laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. c. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. d. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. e. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor GC-CA-I-36 16B1 fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR O. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. a. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. b. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 1. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT O. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items rn~y be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or ,without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. a. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. GC-CA-I-37 1681 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provision's and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION O. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE.STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or GC-CA-I-38 1681 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 material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal- aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: O. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. Xi. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION O. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. a. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. GC-CA-I-39 16B1 b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. c. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. h. Nothing. contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Prima'ry Covered Transactions 10. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; GC-CA-I-40 1.6B 1 b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not 'presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applicationlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -.49 CFR 29) I. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. m. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. n. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. o. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. p. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier cov~red transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. q. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled '''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. r. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it GC-CA-I-41 16B1 determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. s. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. t. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--lower Tier Covered Transactions: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or age'ncy. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR lOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) O. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the ex1ension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a'Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shan require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. GC-CA-I-42 l'!'~P1 IUU~ ATTACHMENT A- EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: To the e!lxtent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the cO'ltractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 16. Liquidated Damages See Construction Agreement, Section 58. Contract Time and Liquidated Damages, Collier County Contract - Seeattathed contractsection pages GCcCA. 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification (Florida Department of Transportation Policv) GC-CA-I-43 19B1' "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, o,r an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewals, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by section 1352, title 31, US Code. Any person(s) who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." 19. Award and Execution of Contract (Method of construction (or method of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. - See attached contract section page GC-IB. 20, Non-collusion Provision (Florida. Department of Transportation Guidelines) The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly of indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non-responsive and not eligible for ward consideration. 21. Owner Force Account/Cost Effective Justification Provision excluded from this contract 22, Patented/Proprietary Materials Provision excluded from this contract 23. Prevailing Minimum Wage For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s) FL, as modified up through ten days prior to the opening of bids. GC-CA-I-44 1681 Obtain the applicable General Decision(s) 0Nage Tables) through the United States Department of Labor website(www.wdOl.gov) and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. General Decision Number: FL080039 02/08/2008 FL39 Superseded General Decision Number: FL20070039 State: Florida Construction Type: Highway Counties: Brevard, Collier, Hernando, Hillsborough, Lee, Manatee, Martin, Orange, Osceola, Pasco, Pinellas, Polk, Sarasota, Seminole and St Lucie Counties in Florida. EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE BASE, KENNEDY SPLACE FLIGHT CENTER AND MELABAR RADAR SITE HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, & railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; & other major bridges. Modification Number Publication Date o 02/08/2008 . SUFL1993-012 08/01/1993 Rates BRICKLAYER (Manhole)............. CARPENTER....................... . Concrete Finisher................ ELECTRiCiAN................ FENCE ERECTOR.................... Form Setter...................... Guardrail erector........ .;....... Ironworkers: Reinforcing................ . Structural.............. .;.. Laborers: Asphalt Raker........,...... Pipelayer.............. ...... Unskilled................ N/A.............................. Painters: Blaster.................. ... Power equipment operators: Asphalt Distributor.;....... Asphalt Paving Machine...... Asphalt Plant Operator...... Asphalt Screed.............. Fringes $ 9.02 $ 9.71 $ 8.91 $13.42 $ 7.75 $ 776 $ 795 $ 12.37 $ 6.60 $ 7.23 $ 8.01 $ 6.60 $ 7.34 $10.72 $ 7.39 $ 8.23 $ 683 $ 768 GC-CA-I-45 Backhoe.................... . Boom-Auger......... .... ..... Bulldozer. Concrete Curb Machine....... Concrete Groover/Grinder.... Concrete Joint SaW.......... Concrete Mixer Operator..... Concrete Paving Finish Machine............ Concrete Pump Op............ Crane, Derrick, or Dragline. Earthmover............:.. ... Fork Lift................... Front End Loader........... Gradall...................:. Grade Checker............... Guardrail Post Driver... Mechanic.............. .J.... Milling Machine Grade Checker................ .:... Milling Machine............. Motor Grader................ Mulching Machine............ Oiler, Greaseman............ Pavement Striping Machine... Paving Striping Machine Nozzleman.................. . Piledriver Leadsmal1......... Piledriver Operator......... Power Subgrade Mixer........ Rollers: Finish..................... Rough...................'.. Self-Prop., RubberTire.... Scraper.................... . Sign Erector................ Small tool................. Tractors: 80 HP or less.............. LighL................... Over 80 HP...........'..... Trenching Machine,.......... Widening Spreader Machine... 116B JiL,' .1 $ 9.00 $ 9.40 $ 8.42 $ 8.50 $ 9.00 $ 9.97 $ 6.63 $ 8.50 $ 13.00 $ 11.53 $ 778 $ 7.63 $ 8.00 $ 8.76 $ 6.60 $ 10.78 $ 9.52 $ 7.03 $ 8.76 $ 9.54 $ 6.70 $ 7.21 $11.04 $ 7.50 $ 9.75 $ 10.82 $ 7.63 $ 7.24 $ 6.70 $ 7.01 $ 7.33 $13.27 $ 7.33 $ 6.60 $ 6.76 $ 10.62 $ 8.00 $ 7.52 Traffic Controller . TRAFFIC CONTROL SPECIALlST..$ 7.15 TRAFFIC SIGNALIZATION: Installer.................. $ 9.70 Mechanic................... $ 13.25 Truck drivers: GC-CA-I-46 1681 Lowboy.. ... ............ ..... Multi-Rear Axle............. Single Rear Axle....:........ $ 8.02 $ 6.97 $ 6.70 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: . an existing published wage determination . a survey underlying a wage determination . a Wage and Hour Division letter setting forth a position on a wage determination matter . a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this iniHal contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 GC-CA-I-47 lot The request should be. accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- 24. Progress Payments See Exhibit H, Article 4. Progress Payments, Collier County Contract - See attached coritnicfsection pages GC-CACH. 25. Prohibition Against Convict Produced Materials (Florida Department of Transportation Guidelines) Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal- aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, b convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: (1) materials produced by convicts 0 parole, supervised release, or probation from a prison or, (2) materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1,1987. 26. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with or bid on construction projects against the private sector. 27. Publicly Owned Equipment The County does not allow Contractors the use of publicly owned equipment. 28. Records Retention Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final GC-CA-I-48 1681 payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for proper audit of costs. If any litigation, claim or audit is started before the expiration of the five (5 year period; the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 29. Salvage Credits Provision excluded from this contract. 30. Standardized Changes Conditions Contract Clauses - Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation andlor 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 andlor time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the GC-CA-I-49 1681 control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved .or included in the original proposed construction; or (8) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 P!lrcent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original.contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 31, Standard Specifications and Plans See Exhibit M, Plans and Specifications, Collier County Contract 32. State Preference Provision are excluded from this contract. 33. State/Local Owned/FurnishedlDesignated Materials Provisions are excluded from this contract. 34, Subcontracting See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier County Contract - See attached contract section pages GC-CA-H. 35, Termination of Contract GC-CA-I-50 1681 See Exhibit H, General Terms and Conditions, Section 18. Termination for Default and Section 19. Termination for Convenience and Suspension, Collier County Contract - See attached contract section pages GC-CA-H. 36. Time Extensions See Exhibit H, General Terms and Conditions, Section 9. Contract Time and Extensions, Collier County Contract - See attached contract section pages GC-CA-H. TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6) The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. While performing this contract, the contractor - for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") - agrees to the following: 1, Compliance with Regulations: The contractor will comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor will not discriminate on the grounds of race, color, or national origin in the selection and holding of subcontractors. This includes obtaining materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations eithe'r by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, the contractor will inform each potential subcontractor or supplier of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The solicitations includes obtaining materials or leases of equipment, 4. Information and Reports: The contractor will provide all information and reports required by the Regulations or directives. It will also permit access to its books, records, accounts, other sources of information, and its facilities that are determined by the (Recipient) or the (Name of Appropriate Administration) to be important to ensure compliance with such Regulations, orders and instructions. In some cases, another entity possesses the information required of a contractor and refuses to give the information. Here, the contractor will confirm the lack of GC-CA-I-51 16B1 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, andlor b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor should include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor will take action with on any subcontract or procurement that the (Recipient) or the (Name of Appropriate Administration) directs in order to enforce provisions including sanctions for non-compliance. However, if a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the contractor may ask the (Recipient) to enter into such litigation to protect the interests of the (Recipient). Also, the contractor may ask the United States to enter into such litigation to protect the interests of the United States. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non- Segregated Facilities 1 A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2 Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. GC-CA-I-52 1.681 CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. GC-CA-I-53 168 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 1681'" EXHIBIT K PERMITS GC-CA-K-1 1681 EXHIBIT L STANDARD DETAILS GC-CA-L-1 16b 1 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 ...: 10'01 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1