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Backup Documents 06/23/2015 Item #11E c D v 17'4 ACCOMPANYDOCUMENTS ROUTING ORIGINAL DOCUMENTS NT TOj:F_L": JUL 0 8 T( BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAIU COUNTY ATTORNEY PINK ROUTING SLIP Risk Management Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Management Risk C))/( S tr 1,j 2. County Attorney Office County Attorney Office 1.1,4 ?//2/5 3. BCC Office Board of County �p Commissioners N/%/ —1,ck`l5 4. Minutes and Records Clerk of Court's Office 1109 (15 3=20prt 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Brenda Brilhart Phone Number 252-8375 Procurement Staff July 7,2015 Contact and Date _ Agenda Date Item was June 23,2015 Agenda Item Number 11.E Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6379 DEC number if document is Number/Company Contracting Group to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved bythe BCC on the date above and all changes made DD PP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved byifyi4?,. ‘ BCC,all changes directed by the BCC have been made,and the document is ready for tI Chairman's signature. 1 1F MEMORANDUM Date: July 13, 2015 To: Diana De Leon, Contracts Technician Administrative Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #15-6379 CAT Facility Improvements Phase II for improvements at the Administration and Operations Facility Contractor: DEC Contracting Group, Inc. Attached please find an original copy of the contract referenced above, (Item #11E) approved by the Board of County Commissioners on Tuesday, June 23, 2015. The second original contract has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment Detail by Entity Name 1 1. E Page 1 of 2 i)EI,At( rmi• NT I. STATE 74:0 1/4tr,_ DrthiON UI COR1)01(..‘110Ns wi,617 - Detail by Entity Name Florida Profit Corporation DEC CONTRACTING GROUP, INC. Filing Information Document Number P14000020944 FEIIEIN Number 46-4934701 Date Filed 03/03/2014 State FL Status ACTIVE Principal Address 1560 MATTHEW DR UNIT B FORT MYER, FL 33907 Mailing Address 1560 MATTHEW DR UNIT B FORT MYER, FL 33907 Registered Agent Name&Address MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Officer/Director Detail Name&Address Title CEO DUNN, REGINA 6602 GRIFFIN BLVD FORT MYERS, FL 33908 Title PS MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Annual Reports Report Year Filed Date 2015 01/03/2015 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=lintit,v... 7/7/2015 Detail by Entity Name Page 2 of 2 � Document Images I m� E O103/2O15—ANNUAL REPORT View image in POF format O8X03/2O14— Domestic Profit View image in POF format _ ~� xoov^chtmand privacy Policies State of Dorda,Department of State btto — 7/7/2015 ^ - . ~ . 1 1E Co ,e-. County Administrative Services Division Procurement Services CAT Facility Improvements — Phase II COLLIER COUNTY BID NO. 15-6379 COLLIER COUNTY, FLORIDA GRANT FUNDED Federal Transportation Administration FTA Project#s: 33344, 33370, 33371 Brenda Brilhart, Procurement Strategist Email: brendabrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 -6697 • Design Professional: Atkins North America G„ h ProaranortServices tspamnad•3327 Tamiami Trail East•Nap!es.Flonda 34112-4901•www.colliergov.net/purchasing 15-6379 CAT Facility Improvements Ph II 1 liE 14eirJohnson CONTRUCTION DOCUMENTS Controls COST ESTIMATE Johnson Controls,Inc. Date: March 30, 2015 Building Efficiency 2335 North Tamiami Trail Suite#403 Naples,Florida 33619-1376 239 455-2930 Tele 239 455-2985 FAX Collier Area Transit (CAT) Radio Road Renovations Phase II Naples, Florida Construction documents Dated: March 30, 2015 Prepared by: Shawn Simpson Johnson 0 g Controls INITIALS: liE JOHNSON CONTROLS, INC. PAGE 2 OF 4 Project Name: Collier Area Transit (CAT) Improvements Radio Road Phase II Project Location: Naples, FL Scopes: CCTV Johnson Controls, Inc. is pleased to provide the following proposal for the Collier Area Transit (CAT) Improvements Radio Road plans, specifications, addendums, & vertical standards: All work to be priced per the Collier County Energy management RFP 10-5373 as a Lump sum total. TECHNOLOGY SCOPE OF WORK Johnson Controls is providing pricing for the following Collier Area Transit (CAT) Improvements Radio Road systems: Project Price Includes: 1. Project Supervision 2. All taxes are included at 6%. Tax exempt certificate required if tax exempt. 3. All required permitting excluded per bid docs. 4. All application engineering and submittals 5. All conduits for low voltage systems indicated on the ES drawings are excluded. We include conduit for systems where devices do not appear on the E or ES drawings. 6. All testing, commissioning and owner training 7. As-built drawings 8. One (1) year on-site warranty for parts and labor. Warranty starts at system acceptance. 9. All work is assumed to be during normal business hours. Monday - Friday 7:00 AM —4:00 PM 10. Includes Phased installation plan coordinated with construction Manager's finish schedule 11. Insurance based upon owner's OCIP or CCIP from General Contractor Assumptions: 1. Assumes adequate onsite storage & lay-down area 2. Assumes standard AIA-1997 progress billings 3. Assumes payment for stored materials 4. Assumes mutually acceptable terms and conditions. Final terms to be reviewed by JCI. 5. Assumes all power required is built-out & provided when needed based on CM's phased schedule & milestones Not Included: 1. Any Cleaning Brigade. Normal clean-up is included. 2. Any system integrations not specifically called out for in the specifications 3. Any 120VAC power sources except extension of power for less than 6ft. to panels 4. Overtime Labor 5. Access doors and door hardware and/or specialty power supplies 6. Does not include any liquidated damages. 7. Any dumpster or trash removal 8. See Specific Scopes of work for other clarifications SECURITY SYSTEM INITIALS: liE JOHNSON CONTROLS, INC. PAGE 3 OF 4 VIDEO SURVEILLANCE SYSTEM CCTV CAMERAS Including but not limited to the following Basis of Design Equipment, accessories, cabling, installation,testing and coordination to provide an operational system per the Owner's/End User's and JCI requirements: ■ Pelco NET5516 Encoder, • Pelco NET5402R-HD Decoder, ■ Pelco NSM5200-24-US Network Storage Manager, ■ Tatung TME24 Monitor ■ Provide and Install Three New IP cameras in the Canopy Area CLARIFICATIONS ■ All conduits for low voltage systems indicated on the ES drawings are excluded. We include conduit for systems where devices do not appear on the drawings. ■ System utilizes owner provided network to transmit info ■ Assume there is rack space in IT rooms. No racks or power provided by JCI in this scope. ■ Does not include any labor or materials not specifically mentioned in this proposal. ■ One (1) year warranty on parts. ■ No Fire Alarm Devices required for the Canopy area ■ All Cameras are a direct tie in the existing system Cost Summary: 17820 CCTV $ 18,775.00 17110 Data System and Technology $ 16,738.00 (Important:this proposal incorporates by reference the terms and conditions on the last page of this document) This proposal is hereby accepted, and Johnson This proposal is valid until Controls, Inc. is authorized to proceed with the work, subject however, to credit approval by 6-15-2015 Johnson Controls, Inc., Milwaukee, Wisconsin. Johnson Controls, Inc. Signature Signature NAME: NAME: SHAWN M SIMPSON P.O.#: TITLE: SENIOR SALES ACCOUNT EXECUTIVE DATE: INITIALS: 11E JOHNSON CONTROLS, INC. PAGE 4 OF 4 INITIALS: Email: BrendaBrilhart@colliergov.neliEt ler •witty Telephone: (239) 252-8446 Adronstrative Seniires Drvision FAX: (239) 252-6697 Purchasing ADDENDUM #7 Memorandum Date: April 13, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #7: 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 16, 2015. • The attached Johnson Controls revised proposal for all building automation and security scope of work.. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Revised JCI Scope of Services 1 1E co p " -county Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Administrative ServicesFAX: (239) 252-6697 Purchasing ADDENDUM #6 Memorandum Date: April 1, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #6: 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 15, 2015. • The Q&A period will be open until 5:00 pm April 7, 2015. • The attached Johnson Controls proposal for all building automation and security scope of work. • For color selection of the Administration building Bus Canopy please reference Alcoa Architectural Products — Reynobond Colorweld 500 Classic Green for color match. • The County anticipates issuing a limited Notice to Proceed for permitting purposes, prior to any on site activities beginning. • The Bus Wash permit must be pulled no later than October 1st, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: JCI Scope of Services 11E i tw c a -...,.. C o 1 Email: BrendaBrilhart@colliergov.net Telephone. (239) 252-8446 Administative Services Casa, FAX: (239) 252-6697 Purchasing ADDENDUM #5 Memorandum Date: March 30, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #5: 15-6379 Collier Area Transit (CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 8, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager 1 1 1E omity 7 Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 m ni e Se h ision FAX: (239) 252-6697 Purchasing ADDENDUM #4 Memorandum Date: March 19, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #4: 15-6379 Collier Area Transit (CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 1, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager 1 liE itCo ier Comity Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Atftlisbstme Services FAX: (239) 252-6697 Purthastrig ADDENDUM #3 Memorandum Date: March 16, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • Non-Mandatory Pre Bid Audio File (3/13/15) • A non-mandatory site visit will be scheduled for March 19, 2015 from 11:00 am to noon at 8300 Radio Road, Lobby area. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Audio File 1 11E cower I Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Mministratve Services sion FAX: (239) 252-6697 Purchasing ADDENDUM #2 Memorandum Date: March 11, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 15-6379 Collier Area Transit (CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • Due to this being a multi-phase project, the site plans weren't revised specifically for Phase 2. This revised sheet is for clarification as to scope of work for this project. Phase 2 is the bus canopy, the bus wash facility and paving only. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Plans Sheet 1 _t y cs, daiaol�`�1Nno�a3mo� i1 E (/1 a o o G o JNlallfl9 HSVM Sfl9 c c z iP giE 803 aLL SIN3W3AOadWi a = a E W a 6%13E4 (avo i Ola�da)AJJ113Vd gg 2 w 3 F"' ' 6 8� LIT a3ISNVI:Il a3JN3SSVd 1= g C $ 8 i lISMdal V3HV a3I11O0 a °° R a x W �� g lit 1H 11 li q CC 1.I- -,": — ;.,, "°16''' :: 24 Q J P'p•�• t5 �qy :&--- y4 t • g § 11 Ligig4 22 _ z a p ,1,1 on4 \—',..' " A,:::•:•:::!:::k.. 8.'5..1 gf diZcc L� " —Q V e } t3 ^- � „ iv.viiii. .• m � ,H1WeWw � , • • • •• , <C CFC N . ` ra, ii•�•••1+•9aQ M co Or ` I � � � �WWQ O ,96" IS: „- w ' � A 16 1 gi. S 4 I i I N J o i J Z _ VHm a d'dg� atilir4 ' ast I I 1 31 1 o LL sash a dQ��s�)w?Ra a z _ �w o y i g � gg�gg C. 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" gea os aasgg egg E gam..,. ag4a 5 ..5, ;93gi1 /Mg 3#.22/s x.388€g# Cg..>S.et°I..BCel ::�=xatida3284 �hggl 32.5221g/28g `3�eeae#:.3 lig 5»3'2il 4iie$ 4 = IW i a� 0 ib<€: • s� a' NI � ��s ig '2604 IR =I w gI QQ i 'I � 4 Z i : Co ler County Email: BrendaBrilhart©colliergov.net 1 E 239 Telephone: 252-8446 p ( ) AdrrmistrAve Services M cion FAX: (239) 252-6697 Purchasing ADDENDUM #1 Memorandum Date: February 27, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase ll The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • Plan Set & Specifications If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Plans & Specs 1 lIE , TABLE OF CONTENTS PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE 13 MATERIAL MANUFACTURERS 14 LIST OF MAJOR SUBCONTRACTORS 15 STATEMENT OF EXPERIENCE OF BIDDER 16 TRENCH SAFETY ACT 17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 19 BID BOND 23 BIDDERS CHECK LIST 24 CONSTRUCTION AGREEMENT 25 EXHIBIT A 1: PUBLIC PAYMENT BOND 32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 35 EXHIBIT B: INSURANCE REQUIREMENTS 38 INSURANCE AND BONDING REQUIREMENTS 39 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 41 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 42 EXHIBIT E: CHANGE ORDER 45 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 46 EXHIBIT G: FINAL PAYMENT CHECKLIST 48 EXHIBIT H: GENERAL TERMS AND CONDITIONS 49 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 79 EXHIBIT J: TECHNICAL SPECIFICATIONS 80 EXHIBIT K: PERMITS 81 EXHIBIT L: STANDARD DETAILS 82 EXHIBIT M: PLANS AND SPECIFICATIONS 83 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 84 15-6379 CAT Facility Improvements Ph II 2 1 1E Goiter County Administrative Services Division Procurement Services PUBLIC NOTICE INVITATION TO BID CAT Facility Improvements — Phase II COUNTY BID NO. 15-6379 Separate sealed bids for the construction of CAT Facility Improvements — Phase II, addressed to Ms. Joanne Markiewicz, Director, Procurement Services, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of March 2015, 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. The anticipated project budget is: $1,530,288. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 9:00 a.m. LOCAL TIME on the 13th day of March 2015, 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, CAT Facility Improvements — Phase II, Bid No. 15-6379 and Bid Date of March 30, 2015. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule 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 Online Bidding System website: www.colliergov.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 cashier's 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 ten (10) 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 15-6379 CAT Facility Improvements Ph II 3 1 1E 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 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 three hundred sixty five (365) 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 27th day of February, 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services 15-6379 CAT Facility Improvements Ph II 4 liE PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 12 — 24 as bound in these Bidding Documents, plus insurance requirements and grant forms). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 15-6379 CAT Facility Improvements Ph II 5 liE 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 cashier's 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 Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 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. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 15-6379 CAT Facility Improvements Ph II 6 1 1E 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; 15-6379 CAT Facility Improvements Ph II 7 liE 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. 8.2 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 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. 15-6379 CAT Facility Improvements Ph II 8 liE Section 11. Award of Contract 11.1 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 Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current purchasing ordinance and policies. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional 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. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement 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 ordinance and policies. Purchasing ordinance and policies are available at http://www.colliergov.net/Index.aspx?page=762. 11.4 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. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 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 15-6379 CAT Facility Improvements Ph II 9 liE 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 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 13.2 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 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, 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." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 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. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 15-6379 CAT Facility Improvements Ph II 10 liE Section 15. 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 Ill, 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 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 15-6379 CAT Facility Improvements Ph II 11 1 1 E CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CAT Facility Improvements — Phase II BID NO. 15-6379 Full Name of Bidder DEC Contracting Group, Inc . Main Business Address 1560 Matthew Drive, Suite B , Fort Myers, FL 33907 Place of Business 1560 Matthew Drive, Suite B, Fort Myers, FL 33907 Telephone No. 239-332-4322 Fax No. 239-332-0180 State Contractor's License # CBC1259832 State of Florida Certificate of Authority Document Number P1400002 0 944 Federal Tax Identification Number 46-4934701 DUNS # 079391270 CCR# Cage Code 74UA6 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. 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A W 8 N lIE MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: % Con acting Group, Inc . Signature: V� � r-- Date: 4f./t /.0 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: 15-6379 CAT Facility Improvements Ph II 14 lIE LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Subcontractor and Address Work 1. Electrical -atefa (# J I )16SiT. 2. Mechanical /4/lA 3. Plumbing Ci Plc j ,-rt,-ktie 4. Site Works �'S. ... 5. Identify other 1 subcontractors �^ j PS:1a-Vc#; 1 that represent -j- fur6-tys, 1 more than 10% of price or that affect the critical path of the schedule Company: D on actin Group, Inc. / Signature: Date: I/-/4./ 15-6379 CAT Facility Improvements Ph II 15 lIE 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 Five (5) Paera Bread Footprint Retail Services Store Remodenls Statewide Dan Raglow 630-324-3568 Iberia Bank/ Doug Davis Iberia Bank Remodel 2. Jupiter, FL 239-403-5118 Immokalee Transfer Station Waste Management/ Ray Chewning *** 3. Doug Masch, Project Manager 770-364-1804 Elementary School J Parker, Mudgett, Smith/ Tyler Patak k** 4. Doug Masch, Project Manager 239-332-1171 Lee County School District Villas Elementary Remodel *** 5. Steve Hanna Doug Masch/ Project Manager 239-707-3885 Gulf Elementary Remodel ** 6. Lee County School District Doug Masch/ Project Manager Scott Reichenbacher 239-707-3790 Company: D C Co racti Group, Inc Signature: Date: It I .js- ***Doug Masch, President and Owner of DEC Contracting completed these projects as project manager for his former employer. *** 15-6379 CAT Facility Improvements Ph ii 16 lIE 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 Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. Simple Slope LF 112 $1 . 00 $112 . 00 2. 3. 4. 5. TOTAL $ $112 . 00 Failure to complete the above may result in the Bid being declared non-responsive. Company: DEC Cont actin Group, Inc . / // Signature: Date: 4(. 6,/c- 15-6379 CAT Facility Improvements Ph II 17 liE Co e-r County Administrative Services Division Procurement Services Immigration Law Affidavit Certification Solicitation: 15-6379 CAT Facility Improvements— Phase II This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name DEC Contracting Group, Inc. Print Name 9•- !las R. Mas•h II Title President/r Signature �/ r I J Date LI. 14. State of Florida County of LEE !! __ The foregoing instrument was signed and acknowledged before me this 1U1 day of VL/4 , 2015, by kf Douglas R. Masch II who has produced Personally known as identification. (Print or Type Nam (Type of Identification and Number) No ublic Signature ;► .%' REGINA L DUNN Regina L L. Dunn `y4*= MY COMMISSION#EE831183 Printed Name of Notary Public EXPIRES August 29,2016 8-29-2016 (407 3980153 Panda .00"' Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 15-6379 CAT Facility Improvements Ph II 18 lIE CIL County Administrative Services Division Procurement Se'v ces COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name DEC Contracting Group, Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 1560 Matthew Dr. , Suite B City Fort Myers State Florida Zip 33907 Telephone 239-332-4322 FAX 239-332-0180 Email douq@deccontractinq.com Order Information Remit/Payment Information Address 1560 Matthew Dr. , Suite B Address 1560 Matthew Dr. , Suite B City Ft .MyersState FL Zip 33907 City Ft . Myers State FL Zip 33907 FAX 239-332-0180 FAX 239-332-0180 Email doug@deccontracting.corn Email doug@deccontracting.corn 2. Company Status (check only one) Individual/Sole Proprietor X Corporation _Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 46-4934701 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: enalti s of e "u , I certify that the information shown on this form is correct to my knowledge. Signature Date /6./5- Douglas R. Masc II Title President Phone Number 239-332-4322 15-6379 CAT Facility Improvements Ph II 19 liE Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within three hundred thirty five (335) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Lee Douglas R. Masch II , 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. Douglas R. Masch II , 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. CAT Facility Improvements Ph II 20 1 1E (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida , which operates under the legal name of DEC Contracting Group, Inc . , and the full names of its officers are as follows: President Douglas R. Masch II Secretary Treasurer Manager The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 03-03-2014 ,-a-ceftified-copy-of which is+iereto-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 CAT Facility Improvements Ph II 21 1 1E Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED & t Lo2.©6 DEC Contracting Group, Inc. Legal entity i < CL, _ _ L• BY: Douglas R. Masch II •- s N• = of : dder (T ed) C,t11',Q.r) 1 Witness Signature President Title STATE OF Florida COUNTY OF LEE tt ,,,, The foregoing instrument was acknowledged before me this I / day of , 20 15 by Douglas R. Masch II , as President of DEC Contracting group, Inc. , a Florida 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 i My Commission Expires: � ( legal, re of Notary) ON.„ REGINA L DUNN :": ' •4 MY COMMISSION#EE831183 NAME: Regina L. Dunn ' •de . EXPIRES August 29,2016 (Legibly Printed) 1407 396-0133 Florida •-- S€rvice.com (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: EE831183 CAT Facility Improvements Ph II 22 11E BID BOND KNOW ALL MEN BY THESE PRESENTS, that we DEC Contracting Group, Inc. (herein after called the Principal) and United States Surety Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland with its principal offices in the city of Fort Myers and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government, Purchasing Department (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 15-6379 -CAT Facility Improvements—Phase II. 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$ The Amount Bid 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. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 30th day of March , 2015 DEC Contr cting Grou , Inc. Principal BY (Seal) United States Surety Company Surety Z")!A og Yee (Seal) Sandra A. Pa torney-in-Fact Countersigned Thomas M.True Local Resident Producing Agent for True&Associates CAT Facility Improvements Ph II 23 1 E CORPORATE ACKNOWLEDGMENT State of k1 ori (4e1.- 1 County of Le es On this 30th day of March , 2015,before me personally came --Do (r �nM S ' , t i to me known, who being b me duly sworn, did depose and say that he/she is the (e.6;cl y\ i of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by like order. My commission expires i , L • D.,,,______ L . Public IP ;4.%+;k: REGINA L DUNN I "" MY COMMISSION#EE831183 A" cy EXPIRES August 29,2016 407 388.0159 Flond8N•• Ser oce.cern SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 30th day of March , 2015 ,Before me personally came Sandra A. Pace to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of United States Surety Company corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Nicole T. Broderick Notary Public of New Jersey Middlesex County My commission expires ,�_ My commission expires February 9,2020 I JO'I <j. ,c_c ..C.�)LeY- 1 1E POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively,the"Companies"), do by these presents make, constitute and appoint: Thomas M.True,Marc J.Michalewsky,Sandra A.Pace,Chelsea L.Oddi,Lisa A.Anderson,Nicole T.Broderick its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Unlimited****** Dollars ($ ***unlimited*** ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: - Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of December,2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY su R''yCCGII'' \\`````, a' 3t SEPI 25,ipso i<c _LLf: 1�aa - 1 V� ` y., _;�; = `. s Daniel P.Aguilar,Vice Prescient �'"ir�gt(FOftN`°t'` .i*'�� ''4rF OF Ztir.,, .• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this 1st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA C.RODRIGUEZ-WONG by Commission#�2019771 Signature ( (Seal) i - .'D Notary Public-California 1 i7_ Los Angeles County D MT Comm.Exp res Dec 20_2017 I,Michael Chalekson,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 30th day of March ,7015 . Corporate Seals tgperogs sguR s0.`!1' � YEN 4Q pyo ,4P��^.rp F�/- q,0'. C .��N.,........?:�''i• c iev Bond No. N�A Qo-* � f '�. P` /� - hael Chalekson,Assistant Secretary MttxeP�AniE£i z O __ '� q- SEPT 25 1H4C Y 1 2 'G 7. 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L NN = CIV J N CN O O co a) - E • - y {) Cr C w ._: is = `a) � D E u: EEcai Eo wav � � - -C U `ov �a Ow @ c a > c o 2). a 6 u cco aci E m W ... ° E L C u co a o y m = E ° co m v a ° Y''- m °' u y E u ° o O o o ✓) cn y ai ° c c E T v c u c v m Z a c z t E 2 m ci > > v o c > .0 C - o - O I- P (n b L u E 't -0 v N °v c a) 3 w E 5 b > x0 ua.NNa' C° a) (0 a02O ct u 0 < aCCzwv) Q O .- --U) a.0 z 1 1E THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. The mailing envelope has been addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 10. The mailing envelope must be sealed and marked with: Bid Number; aProject Name; Opening Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. 12. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET DEC Contra ting Group, Inc. B :I- .m= Sig - ure : itle I‘Vresidentrr __ Date: )97J t�S! 1 a,o i.} CAT Facility Improvements Ph II 24 1 1E COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-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 (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Douglas R. Masch II CAT Facility Improvemnets - Phase II Name Project Name President 15-6379 Title Project Number DEC Contracting Group, Inc. 46-4934701 Firm Tax ID Number 1560 Matthew Drive, Suite B 079391270 Street Address DUNS Number Fort Myers, FL 33907 City, State, Zi. AMP `f. Signature Date 03/04/2013-(2) 1 1 1E FTA BUY AMERICA CERTIFICATION A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. El Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(i)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F :. Part •61.5. Date y./G,t C SignatureC. Company Name DEC Contracting Group, Inc. Title President Certificate of Non-Compliance with 49 U.S.C. 5323(i)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title E Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(1)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulatio t 49 .F.R. Pa 661.11. Date /. I .i.� Signature Company Name DEC Contracting Group, Inc. Title President Certificate of Non-Compliance with 49 U.S.C. 5323(1)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title DISCLOSURE OF LOBBYING ACTIVITIES AbvelyEB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract x la. bid/offer/application a. initial filing -- b. grant b. initial award - b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name 0 Prime 0 Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11,Information requested through this form is authorized by title 31 U.S.C.section Signature: Aiik2 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made oug S R.MaSch II or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public inspection. Any person who fails to file the Presidentrequired disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.: 239-332-4322 Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) E I COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT DEC Contracting Group, Inc . 46-4934701 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED — — BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Douglas R. Masch II yj (to, 2015 President EMAIL ADDRESS OF PRIME(SUBMITTER) P TELEPHONE NUMBER FAX NUMBER doug@deccontracting.com 239-332-4322 2369-332-0180 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) FUNDING SOURCE ACCEPTED BY: DATE **** SEE ATTACHED REPORT **** lE CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: **** SEE ATTACHED REPORT **** 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: ****SEE ATTACHED REPORT**** 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10- $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: ****SEE ATTACHED REPORT**** 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: ****SEE ATTACHED REPORT**** 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: ****SEE ATTACHED REPORT**** 4/14/2015 Project Report BB-Bid Report Project: CAT Facility Improvements - Phase II1 lE Today's Date: 04/14/2015 Report Type: Minority Goal - Invite List By Name x Indicates vendors that responded from "BidScope" 01- General Requirements Rank Bid Status Last Mse Contact Phone Invite Date Method 016050- Building Materials (DBE,WBE) National Hauling. Inc. - Failed Alex Acosta 305-888-1717 03/17/15 Email tn 0.7.1. Fireproofing & Coating. Inc. - Interested Brian Hoyt 813-949-6747 03/17/15 Email 017420- Rubbish Removal (DBE,WBE) R.M. Trucking Service, Inc. - Invited l'-'4 Rupert Mulgrave 954-296-8286 03/17/15 Email TGL Environmental, Inc. - Invited k:,:'A- Gina Marie Devine 954-327-9995 03/17/15 Email 02- Existine Conditions Rank Bid Status Last Msm Contact Phone Invite Date Method 024195- Demolition Contractors (DBE,WBE) :m AlliedBean Demolition. Inc. - Invited Kevin Bean 954-848-2806 03/17/15 Email BG Group. Thg - Invited Ivy Fradin 561-998-7997 03/17/15 Email Graham Construction - Invited _`-! Anthony Graham Sr. 239-337-2276 03/17/15 Email Miami Wrecking Co. - Invited Karen Harrington 954-492-2727 03/17/15 Email Sagoma Construction Services. Inc. - Invited P`d Brian Powell 954-636-8560 03/17/15 Email Zahlene Enterprises Inc. - Invited 44 Jordan Zahlene 305-805-6858 03/17/15 Email 03- Concrete Rank Bid Status Last Msg Contact Phone Invite Date Method 038220- Concrete Contractors (DOE,WBE) Aztlan Concrete Construction. Inc. - Invited =:,° Daniel Perez 561-441-4476 03/17/15 Email BNG Construction. Inc. 1 Invited W Bryan Beckman 407-688-1747 03/17/15 Email Cano. Inc. - Invited 0 Herb Cano 561-543-1290 03/17/15 Email Cement Industries. Inc. - Invited 0 Donnie Bridges 239-332-1440 03/17/15 Email L.S, Curb Service. Inc. - Invited ER Leaford Shakes 813-737-1524 03/17/15 Email Professional Concrete. Inc. - Invited 0 David Oriente 941-921-3660 03/17/15 Email FA Southwest Construction Services - Invited John Curico 239-768-9963 03/17/15 Email Superior Concrete Polishint - Invited FO Wallace Parrish 954-792-9727 03/17/15 Email 038225- Concrete Products (DBE,WBE) Liauidomes LLC - Invited `Fl April Okun 866-666-1883 03/17/15 Email P1 Tarler, A., Inc. - Invited Sharon Schwartz 954-972-0122 03/17/15 Email 05- Metals Rank Bid Status Last Msg Contact Phone Invite Date Method 050510- Steel (DBE,WBE) Allegiance Contracting. Inc. - Viewed Leslie Jane Lindsey 321-751-2120 03/17/15 Email GEM Industries. Inc. - Invited Ben Clay 321-631-3977 03/17/15 Email 07- Thermal &Moisture Protection Rank Bid Status Last Msg Contact Phone Invite Date Method 070115- Waterproofing Contractors (DBE,WBE) A.C. & E. Property Maintenance - Invited -'4Charles Williams 954-282-9710 03/17/15 Email America's Best Painting & Wpfg. Services - Invited Guy Roblejo 305-999-3499 03/17/15 Fax Associated Craftsmen of America. Inc. - Invited 1-3 Nancy Burley 954-581-5081 03/17/15 Email Metro Caulking& Waterproofing LLC - Not Bidding - Cindy Raffio 954-974-0770 03/17/15 Email Mullets Services. Inc. - Invited a'� Bob Mulindwa 305-252-9225 03/17/15 Email httpJ/www.thebl uebook.com/wsnsa.dl INVService=wsbrkl/wopcontrpt.htm I?Request=&Context)D=KVVjunl TbMigiQe&Current=http%3A//www.the'bluebook.co... 1/4 4/14/2015 Project Report lE 08- Openings Rank Bid Status Last Msg Contact Phone Invite Date Method 089600- Doors (DBE,WBE) CD & Associates. LLC - Invited p "' Doris Alarcon 954-353-4473 03/17/15 Email MCon Group. Inc. - Invited Tim Mehaffey 772-398-7600 03/17/15 Email Sunshine Door Specialists. Inc. - Invited F774 Carlos Habib 305-251-0300 03/17/15 Email Tri-County Building Specialties, Inc. - Invited b;<4<4 Crystal Braun 954-977-6606 03/17/15 Email Well Bill Industries - Invited F777/ Carol Bilt 800-940-2458 03/17/15 Email 10- Specialties Rank Bid Status Last Msg Contact Phone Invite Date Method 104450- Fire Protection Equip. (DBE,WBE) Fire Alarms and Sprinklers - Invited 4 Brian Charlton 305-233-1120 03/17/15 Email F4:,! Gold Coast Fire Eauipment - Invited Priscilla Frappier 561-842-1150 03/17/15 Email 101470- Signs (DBE,WBE) Abba Signs. Inc. - Invited 'r=' Galina Hoempler-Aguirr305-232-9660 03/17/15 Email Advanced Multi-Sign - Invited ''I'• Ariel Pedrosa 305-805-3636 03/17/15 Email Designed Advertising. Inc. - Invited e,2- Paula Anderson 954-583-6762 03/17/15 Email First Sign Corp. E,-1 Invited Marilyn Young 800-393-7221 03/17/15 Email ReelGraohic - Invited '- Kim Biancardi 772-286-9001 03/17/15 Fax 5ignco Architectural Signage Coro. - Not Bidding r 4 Therese Smyntek 386-740-8344 03/17/15 Email Sign-D-Sign & Graphics - Invited #'".5 Afatab 954-921-6362 03/17/15 Email Signs in a Flash - Invited ';"'4 Pamela Nobel 954-764-7446 03/17/15 Email • Unisource Sign Connection - Viewed ' -a Gina Hyon 239-288-6951 03/17/15 Email 107345- Awnings & Canopies (DBE,WBE) Paradise Awnings Coro. - Invited -1 Manny Alcibar 305-597-5714 03/17/15 Email X-Pert Awning - Invited a:..4 Candy Jones 954-784-2878 03/17/15 Email 22- Plumbing Rank Bid Status Last Msg Contact Phone Invite Date Method 220170- Plumbing-Heating-Piping (DBE,WBE) Certified Plumbing Air & Heat. Inc. - Not Bidding Steve Klein 321-676-0812 03/17/15 Email Colonial Plumbing Contractors Coro. - Invited F,s Tony Cartelle 305-256-8362 03/17/15 Email Daca Environmental. Inc. - Invited rl Dagoberto Castillo 305-251-8104 03/17/15 Email Main Line Plumbing. Inc. - Invited ri. Christopher Mallard 305-621-4925 03/17/15 Email People's Plumbing & Mechanical Inc. - Invited p:e Gus Pino 888-838-7437 03/17/15 Email 23- Heating. Ventilating and Air Conditioning Rank Bid Status Last Msg Contact Phone Invite Date Method 230195- H.V.A.C. Contractors (DBE,WBE) Apex Air Conditioning Contractor Corp. Invited ' Barbara Ameijieras 305-805-2277 03/17/15 Email Archon Air Management Coro. - Invited "¢ Carlos Romero 305-592-8552 03/17/15 Email Air Zone Mechanical, Inc. - Invited b4 Manny Plasencia 305-556-7667 03/17/15 Email Certified Plumbing Air & Heat. Inc. - Not Bidding "=>1 Steve Klein 321-676-0812 03/17/15 Email Duct Design Corp. - Invited r-1Roly Ors 305-827-0110 03/17/15 Email Horizon Air Conditioning. Inc. - Invited r-7 Janet Clevenger 561-712-9252 03/17/15 Email Master Mechanical Services, Inc. 1 Invited g Tina Pinna 305-825-3004 03/17/15 Email People's Plumbing & Mechanical Inc. - Invited 'r4 Gus Pino 888-838-7437 03/17/15 Email Solomon's Air Cond. & Appliances, Inc. - Invited 1's;. Latanya Mitchell 239-693-1569 03/17/15 Email ".� Total Eauipment Service. Inc. - Invited Carlos Mendez 305-259-8787 03/17/15 Email Weathertrol Mechanical - Invited Chf. Est. Tony Hernand305-908-1000 03/17/15 Email 26- Electrical Rank Bid Status Last Mse Contact Phone Invite Date Method 260160- Electrical Contractors (DBE,WBE) htip://www.thebl uebook.cam/ws ns a.dl I NV Ser v i ca=ws br k 1 iw opcontr pt.htm I?Request=&C ontextl D=KW j unI TbX I k i gl Qe&C ix rent=http%3A//www.thebl uebook.co... 2/4 4/14/2015 Project Report CI All Ways Electric - Invited Duane Chamberlain II 239-454-9473 03/17/15 Email Bay Electric of Collier County. Inc. - Invited Cheryl Miller 239-643-4330 03/17/15 Email Burrows Electric Co. - Failed X George Burrows 954-467-2909 03/17/15 Email Canseco Electrical Contractors, Inc. - Invited Ramon Canseco 305-265-9909 03/17/15 Email Coral Electric LLC - Not Bidding r.'4 . Barry Seifer 561-729-0601 03/17/15 Email Elinco Electrical Contractor. Inc. - Invited p Michael Singh 954-803-2799 03/17/15 Email Powercom LLC - Invited r- Larry Stamper 954-978-7070 03/17/15 Email Power Enterprise Electrical Corp. - Invited # lose Jimenez 786-479-5279 03/17/15 Email Robinson Industries, Inc. - Invited '' Burnell Robinson 305-573-8334 03/17/15 Email 31- Earthwork Rank Bid Status Last Msg Contact Phone Invite Date Method 310175- Excavating Contractors (DBE,WBE) Contractors Support Services, Inc. - Invited Gloria Rodriguez 561-602-8706 03/17/15 Email F-74 Eagle Site Developers Inc. - Invited -- Paige Farr 941-322-9519 03/17/15 Email E & N Construction, Inc. - Invited k"4 Estrella Maligsa 561-795-4007 03/17/15 Email Florida Sol Systems, Inc, - Invited Lawrence Valido 305-262-8404 03/17/15 Email Graham Construction - Invited ' Anthony Graham Sr. 239-337-2276 03/17/15 Email Gulf Coast Site, Inc. - Invited : Christine Myers 239-274-9516 03/17/15 Email Pierson, Inc. - Invited 4"'`4 Derron Pierson 954-217-0000 03/17/15 Email Rock Power Paving, Inc. - Invited } -' Robert Delgado Jr. 305-752-7742 03/17/15 Email Zahlene Enterprises Inc. - Invited Jordan Zahlene 305-805-6858 03/17/15 Email 32- Exterior Improvements Rank Bid Status Last Msg Contact Phone Invite Date Method 329230- Landscape Materials & Equip. (DBE,WBE) Gulf Coast Site, Inc. - Invited !,"%' Christine Myers 239-274-9516 03/17/15 Email 323130- Fence Contractors (DBE,WBE) All Fencing and Repair - InvitedMary Coraci 954-306-3477 03/17/15 Email CBR Steel Fabricators & Erectors - Invited '__`-4 Joshua Bayer 954-782-4111 03/17/15 Email Fence Solutions Corp. - Invited F74 Marissa Porven 786-243-1820 03/17/15 Email F-7/ Henry's Fence. Inc, - Invited Millie Villoch 305-669-0180 03/17/15 Email Royal Fence and Equipment Corp. - Viewed r,r Jaime Vergara 305-477-7191 03/17/15 Email 320195- Landscape Contractors (DBE,WBE) U'l AlA Sod, Sand & Soil, Inc. - Invited Ismael Oria 305-245-4445 03/17/15 Email Action Sod & Landscape - Invited 4 $ Barbie Callado 305-275-7100 03/17/15 Email 0.:.. Creative Lawn Maintenance, LLC - Invited - David Brown 850-370-6629 03/17/15 Email Fri F Foliage Concepts of Florida. Inc. - Invited - David White 561-744-3610 03/17/15 Email Gardens & More LLC - Invited !` Monica Rodriquez 954-553-3261 03/17/15 Email G.C.E. Services. Inc. - Invited c="4 Gary Eads 239-573-7170 03/17/15 Email Greenscapes - Invited .�# Linda Nelson 239-643-4471 03/17/15 Email Irrigation Craft, Inc. - Viewed '' Bryan King 954-771-9353 03/17/15 Email F-:..4 P & T Lawn & Tractor Service. Inc. - Invited -- Pete Zielinski 239-707-4611 03/17/15 Fax TruGreen LandCare - Invited '' Jeff Balyeat 239-455-0000 03/17/15 Email 34- Transportation Rank Bid Status Last Msg Contact Phone Invite Date Method 347117- Paving & Road Construction (DBE,WBE) A, & A, Fonte. Inc. - Not Bidding a.-"4 Andres Fonte 305-512-4739 03/17/15 Email Abba Signs & Striping Supply. Co. - Invited ''4 Galina Hoempler-Aguirr305-232-9660 03/17/15 Email Atkins Paving - Invited ''4 Walter Atkins 954-788-1227 03/17/15 Email Berlo Industry. Inc. - Invited 44 Bernard Wooten 305-796-7022 03/17/15 Email F-1 E & N Construction. Inc. - Invited Estrella Maligsa 561-795-4007 03/17/15 Email Freedom Pipeline Corp. 1 Invited F Kathy Martell 954-434-8070 03/17/15 Email Graham Construction - Invited Anthony Graham Sr. 239-337-2276 03/17/15 Email 4:; Rock Power Paving, Inc. - Invited Robert Delgado Jr. 305-752-7742 03/17/15 Email Southeastern Engineering Contrs., Inc. - Invited 474 Ed Dominguez 305-557-4226 03/17/15 Email http://www.thebluebook.com/wsnsa.dl l/WServi ce=wsbrk1/wopcontrpt.htm I?Request=&C ontextlD=KWj ulTbXI kigl Qe&Current=http%3N/www.thebluebook.co... 3/4 4/14/2015 Project Report lIE Report Criteria: Minority Goal- Invite List By Name Project: CAT Facility Improvements -Phase II Group: Multiple Category: Multiple Vendor Rank: 1 To: - Bid Status: Awarded(0),Bidding(0),Interested(1),Viewed(),Bid Received(B),Invited(93),Not Messaged(0),Not Bidd Indicates vendors that responded from "BidScope" httpl www.thebluebook.comiwsnsa.dll/WService=wsbrk1/wopcontrpt.htmI?Request=&ContextlD=KWj(nlTbXlkiglQe&Current=http%3/V/www.thebluebook.co... 4/4 liE CONFLICT OF INTEREST CERTIFICATION 15-6379 Collier County Solicitation No. Douglas R. Masch II , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Douglas R. Masch II Name Signa ure President , Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978(5 U.S.C.App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information.The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made: (1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5)to the Office of Management and Budget during legislative coordination on private relief legislation; and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 1 1E CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and(f). Douglas R. Masch II / PRESIDENT / yped N.me and Title of Certification Official ( .;rte �c Signature Date liE COLLIER COUNTY Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat, Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name DECcontracting Croup, In- Date April 23, ?-et5 Authorized Signature Douglas R. Masch II Pt/ 1-1E12;' Address 1560 Matthew I)r., Suite B, Ft. Myers, 1,1,33907 Solicitation/Contract# 15-6379 02!15 R3 E Grier County Email: BrendaBrilhart@colliergov.net 1 1 Telephone. (239)252-8446 Actikistalive Services DMsion FAX: (239) 252-6697 Purchasing ADDENDUM #1 Memorandum Date: February 27, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • Plan Set & Specifications If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Plans & Specs 4`. /G.I 10-)c • 1 co ier County Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Actrinistrative Services Division FAX: (239) 252-6697 Purchasing ADDENDUM #2 Memorandum Date: March 11, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #2 — 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • Due to this being a multi-phase project, the site plans weren't revised specifically for Phase 2. This revised sheet is for clarification as to scope of work for this project. Phase 2 is the bus canopy, the bus wash facility and paving only. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Plans Sheet D/ AL f .,c l�Gc s�eaTeA�Ta,.1� �0�,,)14C, 1 liE cCiILl�1 .,'»" County Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 p, i,nistratte Services Division FAX: (239)252-6697 Purchasing ADDENDUM #3 Memorandum Date: March 16, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #3 — 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • Non-Mandatory Pre Bid Audio File (3/13/15) A non-mandatory site visit will be scheduled for March 19, 2015 from 11:00 am to noon at 8300 Radio Road, Lobby area If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Audio File D/eAk 44. ,, I r 1 1 lE Co -ter County Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Adt-rinistrEtiye Semioes FAX: (239) 252-6697 Purchasing ADDENDUM #4 Memorandum Date: March 19, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #4: 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 1, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager D/CAA/Z._ (. /E. LS- DE . 1 I lE Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Ad FAX: (239)252-6697 Purchasing ADDENDUM #5 Memorandum Date: March 30, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #5: 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 8, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager D/eAlrE 1 Email: BrendaBrilhart@colliergov.net Telephone: (239)252-8446 Administrative Series Division FAX: (239)252-6697 Purchasing ADDENDUM #6 Memorandum Date: April 1, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #6: 15-6379 Collier Area Transit(CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 15, 2015. • The Q&A period will be open until 5:00 pm April 7, 2015. • The attached Johnson Controls proposal for all building automation and security scope of work. • For color selection of the Administration building Bus Canopy please reference Alcoa Architectural Products— Reynobond Colorweld 500 Classic Green for color match. • The County anticipates issuing a limited Notice to Proceed for permitting purposes, prior to any on site activities beginning. • The Bus Wash permit must be pulled no later than October 1st, 2015. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: JCI Scope of Services 070ZALk 4. /L./5— �C G, �,�1Ta nc-rt �. 7t >!•a c . liE ler county Email: BrendaBrilhart@colliergov.net Telephone: (239)252-8446 q Dnrort FAX: (239) 252-6697 Purchasing ADDENDUM #7 Memorandum Date: April 13, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #7: 15-6379 Collier Area Transit (CAT) Facility Improvements - Phase II The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • The due date for the bid has been extended until 2:30 pm April 16, 2015. • The attached Johnson Controls revised proposal for all building automation and security scope of work.. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Bryan Vehovec, Project Manager Enc: Revised JCI Scope of Services /C is �G r-JTC At C.7-7T4 6 ea J P, Ira C 3/12/2015 E-Verify-Employer Wizard-Company Information 1 1 E } , r' Ai3 `k „,r,. t UsA .E r111 -, Welcome User ID Last Login Employment Eligibility Verification regina dunn RDUN4674 09:52 AM-03/12/2015 Log Out Click any for help Home Company Information My Cases New Case Company Name: DEC Contracting Group, Inc. View Cases View!Edit Search Cases Company ID Number: 860864 My Profile Edit Profile Doing Business As(DBA) Name: Change Password DUNS Number: 079391270 Change Security Questions My Company Physical Location: Mailing Address: Edit Company Profile Address 1: 1560 Matthew Drive,Suite B Address 1: 1560 Matthew Drive,Suite B Add New User Address 2: Address 2: View Existing Users City: Fort Myers City: Fort Myers Close Company Account State: FL State: FL My Reports Zip Code: 33907 Zip Code: 33907 View Reports County: LEE My Resources View Essential Resources Additional Information: Take Tutorial Employer Identification Number:464934701 View User Manual Total Number of Employees: 1 to 4 Share Ideas Parent Organization: Contact Us Administrator: Organization Designation: Employer Category: None of these categories apply NAICS Code: 236-CONSTRUCTION OF BUILDINGS View!Edit Total Hiring Sites: 1 View!Edit Total Points of Contact: 2 View!Edit U S.Department of Homeland Security-www.dhs.gov U.S.Citizenship and Immigration Services-www.uscis.gov Enable Permanent Toolbps Accessibility Download Viewers httpsi/e-verify.uscis.gov/emp/EmployerWizard.aspx ill System for Award Management Pa 1 f USER NAME PASSWORD LOO t .: Forgot Username? Forgot Password' Create an Account DEC Contracting Group,Inc. 1560 Matthew Dr Ste B g DUNS: 079391270 CAGE Code: 74UA6 Fort Myers,FL,33907-1702, -•------_Entity•• • - ••----•-- Status:Active UNITED STATES Dash Expiration Date:04/06/2016 Purpose of Registration:All Awards Entity Record Core Data Entity Overview Assertions Reps&Certs POCs Entity Information Reports Name:DEC Contracting Group,Inc. Business Type:Business or Organization Service Contract Report POC Name:Regina Dunn Registration Status:Active BioPreferred Report Activation Date:04/07/2015 Expiration Date:04/06/2016 Exclusions Active Exclusions Inactive Exclusions Excluded Family Members Exclusions RII`YE"'R:d }SEARCH Active Exclusion Records?No SAM I System for Award Management 1.0 IBM vl.P.27.20150327-1711 WWW3 Note to all Users:This is a Federal Government computer system.Use of this UtSitgov.� system constitutes consent to monitoring at all times. *mar. https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS r00ABXdcACJqYXZheC5... 4/17/2015 11E State of Florida Department of State I certify from the records of this office that DEC CON IRACTING GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on March 3, 2014. The document number of this corporation is P14000020944. I further certify that said corporation has paid all fees due this office through December 31, 2015, that its most recent annual report/uniform business report was filed on January 3, 2015, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Third day of January,2015 • VA% 11) e f P 1 _ Secretary of State fklb was Authentication ID:CC4761324787 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiLorgicertauthver.html Detail by Entity Name Page 1 of 2 I 1 E FLORIDA EPART ENT OF STATE DIVISION OF CO PO ThON t a Detail by Entity Name Florida Profit Corporation DEC CONTRACTING GROUP, INC. Filing Information Document Number P14000020944 FEI/EIN Number 46-4934701 Date Filed 03/03/2014 State FL Status ACTIVE Principal Address 1560 MATTHEW DR UNIT B FORT MYER, FL 33907 Mailing Address 1560 MATTHEW DR UNIT B FORT MYER, FL 33907 Registered Agent Name &Address MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Officer/Director Detail Name &Address Title CEO DUNN, REGINA 6602 GRIFFIN BLVD FORT MYERS, FL 33908 Title PS MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Annual Reports Report Year Filed Date 2015 01/03/2015 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchRe sultDetail?inquirytype=Entity... 4/17/2015 Detail by Entity Name Page 2 of 2 Document Images 01/03/2015 --ANNUAL REPORT View image in PDF format 03/03/2014 -- Domestic Profit View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 4/17/2015 .?.s h.� CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with DEC Contracting Group, Inc. ("Contractor") of 1560 Matthew Drive, Suite B, Fort Myers, Florida 33907, a corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier Area Transit (CAT) Facility Improvements - Phase II, Bid No. 15-6379 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins North America, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one million four hundred fifty four thousand five hundred eight dollars and sixty seven cents ($1,454,508.67). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the CAT Facility Improvements Ph II 25 N t .46 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 Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty five (335) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, eight hundred seventy dollars ($870.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at CAT Facility Improvements Ph II 26 elp his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. CAT Facility Improvements Ph II 27 Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 15-6379 — Collier Area Transit (CAT) Facility Improvements — Phase II. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Atkins North America and identified as follows: Collier Area Transit (CAT) Facility Improvements Phase II as shown on Plan Sheets 1 through 15. Exhibit N: 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: Bryan Vehovec, Project Manager Collier County Public Transit & Neighborhood Enhancement 3299 Tamiami Trail East Naples, Florida 34112 (239) 537-0716 braynvehovec(acolliergov.net 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: Douglas Masch, II, President DEC Contracting Group, Inc. 1560 Matthew Drive, Suite B Fort Myers, Florida 33907 (239) 332-4322 douqadeccontracting.com CAT Facility Improvements Ph II 28 1 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 Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing 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 any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. CAT Facility Improvements Ph II 29 Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change 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 ordinance and policies 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 including the Owner's Board approved Executive Summary, 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. **** CAT Facility Improvements Ph Ii 30 Ii ': ussv IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: )i a WITNESSES: D. C.n acting Group, Inc. V By: �/% _A i hi FIR' ' ITNESS ,D,.,6,1-qs g. May..', PIES4E,a, G.2c.ic e _ i ITS ( �c�Ur lPrint Name and Title Date 'Print Name ' liti"-4,11,A --"-- SECOND WITNESS -C-X-1 V-IX- (P.C6-C',nt-fiAinELi \(CK fl Print Name Date: Iiiil 13,24)6 OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, CIe.rk. -� /,��a BY: * e _iL BY: / Aorc..e Tim Nance Date Attest'as e(lair'n'tan's Chairman b\Z3`Ve signature only., ppro'Ve s to rm d Legality: K4L County Attorney teput Sw e- R • -7.;.. 1.? Item# 11-5--..Print Name DAgen ateda 0 .1 .0 Datej �j Recd L.�.=-_- I & ••rI iep A CAT Facility Improvements Ph II 31 S OR 5172 PG 183 11E EXHIBIT 1:PUBLIC PAYMENT BOND CAT Facility Improvements–Phase II Bond No. 1001049569 Contract No. 15-6379 KNOW ALL MEN BY THESE PRESENTS: That nFr:r:nntracting Group.Inc. , as Principal, and United States Surety Company , as Surety, located at 20 West Aylesbury Road,P.0.Box 5605,Timonium,MD 21094-5605 (Business Address)are held and firmly bound to Collier County-Government Purchasing Department as Obligee in the sum of one Million Four Hundred Fifty Four Thousand Five Hundred Eight and 67/100 Dollars (g 1,454,508.67 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 26th day of June 2015 , with Obligee for CAT Facility Improvements—Phase II in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying 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 2nd day of July 2015 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. CAT Facility Improvements Ph II 32 �� OR 5172 PG 184 11 E Signed, sealed and delivered in the presence of: PRINCIPAL Gw' DEC Contracting Group,Inc. ' /_L�1 _. •�.��N�� BY: -//r Witnesses as to Principal NAME: ITS: f AFS/0E/47- STATE SiOE/4TSTATE OF Florida COUNTY OF Lee The forego st_rume t a cknowted fore,mee this 2nd day of July 2015 , by -1-" \ r as V'r B5�►�+— of DEC Contracting roup, Inc. , a Florida corporation, on behalf of the corporation..'She t Trs^natt, known rhe OR has produced as identification and did (did not)take an oath. :My Commission Expires: •! '' v (Si• :. re of Notary) NAME: i✓ a (Legbty Printed) • • (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: ATTEST: elik REGINA L DUNN SURETY: ;y MY COMMISSION EEE311E3 EXPIRES August 20,2016 United States Surety Company ton lit a iird'N0 " itiom (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) CAT Facility Improvements Ph II 33 d=� OR 5172 PG 185 1 1E • OR - As Ain Fact (Attach Powerttorney of Attorney) Rachael A. Hurley Nicole T.Broderick Witnesses (Printed Name) 20 West Aylesbury Road, P.O.Box 5605, Timonium.MD 21094-5605 (Business Address) (215)752-1880 (Telephone Number) STATE OF New Jersey COUNTY OF Union The foregoing instrument was acknowledged before me this 2nd day of July , 2015 , by Nirnte T Rrnderick • as Attorney-In-Fact of United States Surety Company,a Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: lit tk -C, 'r (Signature) CHERYL R.COLEMAN Name: Notary Public,State of New Jersey (Legibly Printed) .. No. o. .. . 2370• _ - Commission Expires Sept.27,20 l5 (AFFIX OFFIOl L EAL) Notary Public, State of: Commission No.: CAT Focsbty Improvements Ph N 34 d0, INSTR 5145589 OR 5172 PG 180 RECORDED 7/7/2015 3:00 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50 11E •, EXHIBIT A 2:PUBLIC PERFORMANCE BOND CAT Facility Improvements-Phase II Bond No. 1001049569 Contract No. 14-6379 KNOW ALL MEN BY THESE PRESENTS: That DEC Contracting Group,Inc. , as Principal, and United States Surety Company as Surety, located at 20 West Aylesbury Road,P.O.Box 5605,Timonium.MD 21094-5605 (Business Address) are held and firmly bound to Collier County-Government Purchasing Department , as Obligee in the sum of One Million Four Hundred Fifty Four Thousand Five Hundred Eight and 671100 Dollars (S 1.454.508.67 ) 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 26th day of June , 2015 , with Obligee for CAT Facility Improvements-Phase II in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 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. CAT Facility lmprovernents Phil 35 OR 5172 PG 181 1 1E 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 2nd day of July , 2015 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered e presence of: �l PRINCIPAL I, DEC Contra ng Group Inc. Z I •il r <Z1f ./✓h BY: 1Nitnesses as to Principal r NAME: PeeS/Be../J7` ITS: STATE OF Florida COUNTY OF The foregoing instrument .w acknowledged before me this 2nd day of )4, , 2015 , by c..4•143,6 K. VN1. 5 a as (....41.65iden+ - -df DEC Contractin� mu� GInc Florida corporation, on behalf of the corporation. JUelshe ,sessona Iroown to rp OR has produced as identification and did(did not)takath. My Commission Expires: r� re) 41110 Name: -•t•vIa.` `' `r1 (Legi•y Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of.-E0(Ada- Commission No.:-.i~ ca t 113 r% REGINA L DUNN P.: • my COMMISSION S EE1131163 •.r',• EXPIRES August 29,2016 or�ot5+ • °°'" 1 36 CAT Faddy Improvements Ph II 1 OR 5172 PG 182 I L ATTEST: SURETY: United States Surety Company (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Rachael A.Hurley Nicole T.Broderick Witnesses (Printed Name) 20 West Aylesbury Road, P.O.Box 5605, Timonium, MD 21 nu-5Rnc (Business Address) (215)752-1880 (Telephone Number) STATE OF New Jersey COUNTY OF Union_ The foregoing instrument was acknowledged before me this 2nd clay of July 2015 byNicole T.Broderick as Attorney-In-Fact of I Initari States Surety Company a Maryland Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did(did not)take an oath. f�� My Commission Expires: J l/Ad.( LE,'i1t'?Y _ (Signature)- CHERYL R.COLEMAN Name: Notary Public,State of New Jersey No. 01002182370 (Legibly Printed) ^ Commission Expires Sept.27,20 (AFFIX OFFICIAL SEAL) Notary Public,State of: Commission No.: CAT FaoGry Impiti emcnts Ph II 37 OR 5172 PG 186 1 1E i , . .it.�, . .Li._ : :...... .:.. .` i•H F i- ..e .riff';j�:inf'ryhj.;;'&lii it E➢?.•-s»i•:'•: .;;... _•.rnSfFffu»n:i:if14:' g.1616'.:.1.-.:;. :!'.. R y,;i.•i a xf��, a`'•aa(,,a tut skv � *i�„,,.....-i 'c:� x, ,at ,' i�,t,ilei i- ::;0r-': ':: fii •.: t i F f T spy �]u no,„.,,,,,„. . � ; �5:'.. �I , y }i - ':.: s};.iii. �f' -'y"��..tat„},{^fi:��g�i:j �y�� ,__� 1 6. Algt t .%1 .VLii i f' rSli� z:. ra -+ -mss: _'Y,�',' :::::111,-.0141. I.t ;3r , 1 k; 1F h`k i ' p _:.,f iii' ,3 ` �-•ai ly., f n, y, `f k .. , :--'-'0;1511Y-44,1110$1:&. 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Y.I4:T1pithi is ilt - YL1 is _ 4S1i1- 17,.,' '.;',,';' tIR t•"h'1!r ,iii, "i' ,•-_:':t 111101,Y ,. ... i, t F-I - • ,i '.i"iMarc»,• : ia4. •xi I ti t.te4 , '- t .......... .��+•.'.. •> 7 '$ a , 1 r •+�' .int i, •Y.a j... i i i. t '-::�m. :•�/A!� :<:.:.....•::` ...r-•::a'. - • n:.:�,.:::.+ ni2k;,r1.M_;,: _. - k. fueri,i'nf • i_ . ra ,'v. :r" S a • F.:~i , 3 `rtct ""'Cyt•'-i 'yl �� = ' r t i�`� `� g f it E, i itt f r �f 1 • • • 4 ` t � .� i :.i,rr1lY_.. .aii .,...,.: i » -4 a..:.awl'Sit._ •rr Y •,ri+s,u'�'y: s • � - sd i•sE^ ,.i, : ;...ni, kr , •,„�i D r_i i -:d' .: _.. .x».r. ......� -i:..-•. .... ,n.•':..::... a• .;G u?Y.,i'i�+{t•S.r;sia;giiimY ,,,t, r ,'gii tt�^flz.•5''r'•i::i"81` •x 1 1E *** OR 5172 PG 187 *** OOOO10ON�O11 W m ON M co V O/O0 101-. 10f� a0.- row N . 110 OCO 10 01 710 mcv MT V p7 N.--0. 1110 1010 `-'IF- .-0.0 0 2qpl y 10 .- .-0 .- O N ri h r L N N l+1 10 Zj C m p . 6... 3N C zz c E zaoa I C w 3 -F� E II I �_ mgt€ A 4 n a r R m za 1"0 :1 Ey It .17;f52 c v a 11/2 /M II C T` m aJ H m, m Ns t�E yay.E� c . u C 1. 0 . v W S? ai vi F og0 °E is M vy, o v <N a ac y E ' 'tet Y ° t ! �o €W ..co, c y c �i c d n d N l p (7 sE a s 1` g N_ c u 13.w..1 1 N.4 x R x G c ° f M W E4 cl C Ea u W.. ` AMEate' illEuv =I mmcla 2 3. 3u_ U0gpo.- a anEu1� mmA1omopla rz,xv, aoo7i <0 N N A C o U N Y 0'O 1i E W W 16 V C = 0.c.2 0 L J J D O<F IL D<O<a 00<n a U a'o<p 8 '4E e o J r mut WaaE U N `< NC��pp ��pp o Q o 0 f‹L.1 i N n 0 1-1.0"-N.O. I N cp.i� N t£'a y. NON n NC001N w.- N 0 O N F W (tpp Cpg (p QNW 10010 U) I0' � O N CO .0 �G W 2 o J 10 E C 2 mFs 8 UVIF' 1 PJa < g � N h C H m mn. S 2 2 v C C dN l7<- f, t W wr c f C l E ii Z2 a 5km m OE: O.O 2 y a y mai H 1e m 2 4' 7 go -\'"" U H a 2 s o 10 M U 6 `i ce v s a u n 2 ffi 'm RI Z • c2c �oF, g amv .. . , LL: - ' c ° o • £ °Eu 211V2` ti UoBm w El 0 . 0 . lh m c� hw d i M00 .c...1.-- 0.7, A22 — as € t I 00E . 3N dz FC n � o Q 2vg `H LL _ 4. N 1, Erty ., ce ph .. � ti � • g ,TE > •2' o> s. o Vz ' �08 � a > t0 > CS "ihmawf � r Q EUO 50. .,waNU ` _N 0.0 W :S ,-JIb w Ce ir 2 ZT K� 0 oci liE EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage( shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageW shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. CAT Facility Improvements Ph II 38 1 1E Collier County Florida INSURANCE AND BONDING REQUIREMENTS • Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability (Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence CAT Facility Improvements Ph II 39 vbO __ liE 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. LJB 2/2/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 11111 CAT Facility Improvements Ph II 40 OP ID: _. ,4coRo CERTIFICATE OF LIABILITY INSURANCE 7(06/ o7/os/22o15015 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT i NAMEMchael G Dannenhauer Five County Insurance Agency PHONE 239 939-1400 FAX 14120 Metropolis Avenue (A/C,No,Ext): (ac,No):239-939-3813 Fort Myers,FL 33912 E-MAIL Michael G Dannenhauer ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Vinings Ins Co/Bldrs Ins Grp 16632 INSURED DEC Contracting Group Inc INSURER B:Association In Co/Bldr Ins Grp 11240 1560 Matthew Dr Unit B Fort Myers,FL 33907 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR; POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X GLP0167517-01 03/06/2015 03/06/2016 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 X POLICY PE t LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINE(EaaccideDtSINGLE LIMIT $ 1,000,000 A ANY AUTO GLP0167517-01 07/11/2015 03/06/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURYer accident S AUTOS AUTOS P ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE _ AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER Y B ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A WCV0167992-01 03/06/2015 03/06/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Collier County Board of County Commissiners are included as Additional Insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions for any and all work .....********..***CONTINUED PAGE 2*...*..*.*...**.*.*.**performed on behalf of Collier County.Waiver of Subrogation applies in *****. CERTIFICATE HOLDER CANCELLATION COLL280 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COLLIER COUNTY BOARD OF COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 2800 N HORSESHOE DR AUTHORIZED REPRESENTATIVE NAPLES,FL 34104 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 11E ______ NOTEPAD: HOLDER CODE COLL280 DECCO-1 PAGE 2 INSURED'S NAME DEC Contracting Group Inc OP ID:JF Date 07/06/2015 favor of Collier County, its officers and employees from any and all liabilies, damages, losses and costs including but not limited to reasonable attorneys' fees and paraaiegals' fees. * Notice of Cancellation applies per Endts CG0220 attached liE COMMERCIAL GENERAL LIABILITY CG 02 20 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy (2) The policy was obtained by a material Condition is replaced by the following: misstatement; 2. Cancellation Of Policies In Effect (3) Failure to comply with underwriting a. For 90 Days Or Less requirements established by the insurer within 90 days of the effective date of If this policy has been in effect for 90 days coverage; or less, we may cancel this policy by (4) A substantial change in the risk covered mailing or delivering to the first Named by the policy;or Insured written notice of cancellation, accompanied by the reasons for (5) The cancellation is for all insureds under cancellation,at least: such policies for a given class of (1) 10 days before the effective date of insureds. cancellation if we cancel for If we cancel this policy for any of these nonpayment of premium;or reasons, we will mail or deliver to the first (2) 20 days before the effective date of Named Insured written notice of cancellation if we cancel for any other cancellation, accompanied by the reasons reason, except we may cancel for cancellation,at least: immediately if there has been: (a) 10 days before the effective date of (a) A material misstatement or cancellation if we cancel for misrepresentation;or nonpayment of premium;or (b) A failure to comply with the under- (b) 45 days before the effective date of writing requirements established by cancellation if we cancel for any of the insurer. the other reasons stated in Paragraph 2.b. b. For More Than 90 Days B. Paragraph 3. of the Cancellation Common Policy If this policy has been in effect for more Condition is replaced by the following: than 90 days, we may cancel this policy 3. We will mail or deliver our notice to the first onrealsonsr one or more of the following Named Insured at the last mailing address known to us. (1) Nonpayment of premium; CG 02 20 03 12 © Insurance Services Office, Inc.,2011 Page 1 of 2 lIE C. Paragraph 5. of the Cancellation Common Policy The cancellation will be effective even if we Condition is replaced by the following: have not made or offered a refund. 5. If this policy is cancelled,we will send the first D. The following is added and supersedes any other Named Insured any premium refund due. If we provision to the contrary: cancel, the refund will be pro rata. If the first Nonrenewal Named Insured cancels,the refund may be less than pro rata. If the return premium is not 1. If we decide not to renew this policy, we will refunded with the notice of cancellation or mail or deliver to the first Named Insured when this policy is returned to us, we will mail written notice of nonrenewal, accompanied by the refund within 15 working days after the the reason for nonrenewal, at least 45 days date cancellation takes effect, unless this is an prior to the expiration of this policy. audit policy. 2. Any notice of nonrenewal will be mailed or If this is an audit policy, then, subject to your delivered to the first Named Insured at the fast full cooperation with us or our agent in mailing address known to us. If notice is securing the necessary data for audit, we will mailed, proof of mailing will be sufficient proof return any premium refund due within 90 days of notice. of the date cancellation takes effect. If our audit is not completed within this time limitation,then we shall accept your own audit, and any premium refund due shall be mailed within 10 working days of receipt of your audit. Page 2 of 2 © Insurance Services Office, Inc.,2011 CG 02 20 03 12 1 1E EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 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 or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 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.: CAT Facility Improvements Ph II 41 1 1E EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ 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) CAT Facility Improvements Ph II 42 1 1 E @ ,§ o 1A 2Zw E l 0Ga ■wcc & _ ' is ■ § ) 9 ® |22 ) § cc = o . w _ . � . . . . o o o - 1-0 \ « 2 \ \ . . - ° o § § - e ® \ ( ,, 2 CO 1- / ƒ 1- w ji § § { UJ M �/j \SQ . . . \ { I.� LU 0 E \ � § j \ / % \ u, ( 2 § o © S } \j aE § § � § / 5 , 0 £ E § Q � / 0 a)I- m z ° _ w ISs § Lu 13k 0 ® i 7c 2 / ƒ gz LU . . . \ 2 2 > CL 0 < \ 0 o { § .c } U gz » an w , < I- = §NC \ � . . 2 ] ° 2 to 1- C9 Q AA ,_ ® gA § / 2 £ w , § w kk 0D \ % \ � <0 . .in ) z $ } a.§ a , @ ) k2 Z » Jc 0 k ) \ C) a& m . t �/ 08 is' . k / /j o ± ak E _0 - ƒ o B cz = . ) I. w � kk/ »a w 2 I- Lt , ill . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . .. . 11E 0 cti 75— W C N to C CO LU O II 0 .� 1 ' N co U ;_ CO + >1 a . U C To o 2 c Ta O d > CO m a. O d 0 c‘ F- d 2 > — 2 a >• v a CD 0. N d 43 2 E 3 E > C z •V f0 L. I- a U m Q O. C O N o. c v C N O d 0 0 0 L X W d ea 0 J 11E EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Contract#: ChangetY: Purchase Ord er#: Project#. Contractor/Firm Name: Project Name: Project Manager Name Department: CriginalCorrtraotANark Order Amount Criginal BCC Approval Dater;Agenda Item# Current BCC Approved Arrount Last DCC Approval Data Agenda Item# Current Contract.W ark Order Amount SAP Contract,Expration Date{laffiter) _ .. Dolbr Amount of this Change WOIWOO! Total Change from Original Amount Revised Contract'Woris Order Total S 0.00 d4}IVatli Change ftorn Crrrent BCC Approved Amount Cumulative Changes S 0.00 413 ! Changefram Ctrrent Amount Cons ietion Date,Desr. iption of the Taslr{s)Change.and Rationale for the Change Notice to Proceel Original Last Approved Revised Date Date Campletion D Date Cincrunesttete ngej 1R ofDays Added Select Tasks fa Add new tasks) a Delete task(s) a Changetasks) CIOther(see ) Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to thee tasks)and I or th a additional days added Of requested);2.)why this change was not included in the original contract and,3.)descrle the Wiped if th i s change is not processed. Attach additional information from the Design Professional andlor Contractor if needed. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Clans Order shall constitute a modification to contrast 3 workorder identified above and will be subject to all the same terms and conditions as contained in the contract 1 work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Contract s had constitute a f tli and final settlement of any and all claims of the Contractor!Vendor f Consultant; Des ign Professional arising out of or related to the charge set forth herein,including claims for im pact and delay carats. Accepted by: Date: {Contractor t Vendor f Consultant f Design Profess ional and Name of Firm,if projectapplicable) Approved by: Date: (Dean Professional and Name of Firm,if project applicable) Approved by: Date: {Procurement Professional ..ra Aro ma e.r pn addtme s:g net'x ma;:-tc;r_x+5..a,a a sleet =e./teX 122r CAT Facility Improvements Ph II 45 1 1E 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. CAT Facility Improvements Ph II 46 I)_ 1 1E 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 CAT Facility Improvements Ph II 47 1 1E EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name& Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) CAT Facility Improvements Ph II 48 1 1E EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of 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 CAT Facility Improvements Ph II 49 _ . oleo conditions; nature and quantity of the surface materials to be encountered; subsurfa1 1E 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. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path CAT Facility Improvements Ph II 50 0 1 1E method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to the County's Project Manager and/or his designee. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be CAT Facility Improvements Ph II 51 ()VD 1 1E accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, ES. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout 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 ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in CAT Facility Improvements Ph II 52 lIE full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 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) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. CAT Facility Improvements Ph II 53 l iE 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed and/or for materials delivered in association with a contract. 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, CAT Facility Improvements Ph II 54 d� liE 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 Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. .l1 CAT Facility Improvements Ph II 55 1 1E 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS 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 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all CAT Facility Improvements Ph II 56 VD 1 1E 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, pursuant to F. S. 119.0701 (2(a) — (d) and (3), 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. 8.4 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, pursuant to Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2(a) — (d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 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, CAT Facility Improvements Ph II 57 liE sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract. Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For 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 CAT Facility Improvements Ph II 58 liE shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such 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 ordinance and policies 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. CAT Facility Improvements Ph II 59 jiE 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If 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. CAT Facility Improvements Ph II 60 1 tE 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 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. CAT Facility Improvements Ph II 61 cq 1 1E Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as CAT Facility Improvements Ph II 62 cq 1 1E 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to CAT Facility Improvements Ph II 63 (11) 1 1E 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-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and CAT Facility Improvements Ph II 64 0 liE (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 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 CAT Facility Improvements Ph II 65 1 3. E 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. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 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 approve a 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 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. CAT Facility Improvements Ph II 66 d1 1 1E 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 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. CAT Facility Improvements Ph II 67 1 lE 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 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 CAT Facility Improvements Ph II 68 11E provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep.on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. CAT Facility Improvements Ph II 69 0 liE 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 any one 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 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. CAT Facility Improvements Ph II 70 1 1E 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 responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; CAT Facility Improvements Ph II 71 0 1 1E 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; 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. CAT Facility Improvements Ph II 72 11E 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 Transportation's 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 on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor CAT Facility Improvements Ph II 73 liE expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor 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 2013-69, 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. CAT Facility Improvements Ph II 74 1 1E 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, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. CAT Facility Improvements Ph II 75 1 1E 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 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements CAT Facility Improvements Ph II 76 1 1E The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NAGE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. CAT Facility Improvements Ph II 77 c-� liE 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. CAT Facility Improvements Ph II 78 1 1E EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.net/bid/ CAT Facility Improvements Ph II 79 Exhibit IA 11E Federal Transit Administration Provisions CFDA 20.500 /20.507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. Box is Checked If Applicable ® 1. No Government Obligation to Third Parties ® 2. Program Fraud and False or Fraudulent Statements and Related Acts ® 3. Access to Records and Reports ® 4. Federal Changes .1 5. Civil Rights Requirements ® 6. Incorporation of Federal Transit Administration(FTA)Terms ® 7. Energy Conservation Requirements ® 8. Termination ® 9. Government-wide Debarment and Suspension-Sign Exhibit Certification ® 10. Buy America Requirements-Sign Certification ® 11. Breaches and Dispute Resolution ® 12. Lobbying-Sign Certification ® 13. Clean Air 14. Clean Water Requirements • 15. Cargo Preference Requirements • 16. Fly America ® 17. Davis-Bacon and Copeland Anti-Kickback Acts ® 18. [Reserved] ® 19. Contract Work Hours and Safety Standards Act ® 20. Bonding Requirements ® 21. Seismic Safety Requirements ❑ 22. Transit Employee Protective Agreements ❑ 23. Charter Bus and School Bus Requirements ❑ 24. Drug and Alcohol Testing ❑ 25. Patent and Rights in Data // 26. Dept of Labor EEO Provision ® 27. Disadvantaged Business Enterprises(DBE) ® 28. Recycled Products ® 29. (Reserved] ® 30. ADA Access ❑ 31. Bus Testing-Sign Certification ❑ 32. Pre-Award and Post Delivery Audit Requirements-Sign Certification ® 33. Privacy Act ® 34. ITS Standards ® 35. Conflict of Interest ® 36. Drug Free Workplace Rev 2/20/15 1 Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,Contractor,or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (Applies to subcontracts) Program Fraud and False or Fraudulent Statements or Related Acts. (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. §3801 et seq. and U.S.DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2)The Contractor also acknowledges that if it makes, or causes to be made, a false,fictitious, or fraudulent claim, statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this Contract: (1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i),the Contractor agrees to provide the Purchaser,the FTA Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17,Contractor agrees to provide the Purchaser,the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,5309 or 5311. By definition,a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. Rev 2/20/15 2 Exhibit IA 1 lE Federal Transit Administration Provisions CFDA 20.500 /20.507 (3) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents,papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) The Contractor agrees to maintain all books,records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract,in which case Contractor agrees to maintain same until the Purchaser,the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,appeals,claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS REQUIREMENTS (Applies to subcontracts) Civil Rights-The following requirements apply to the underlying contract: (1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d,section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a)Race, Color, Creed,National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et se ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,regulations,and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. Rev 2/20/15 3 Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 (b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S.Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA,modified only if necessary to identify the affected parties. 6. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS (Applies to subcontracts) Incorporation of Federal Transit Administration(FTA)Terms-The preceding provisions include,in part,certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT,as set forth in FTA Circular 4220.1F,are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any(name of grantee)requests which would cause(name of grantee)to be in violation of the FTA terms and conditions. 7. ENERGY CONSERVATION REQUIREMENTS (Applies to subcontracts) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 8. TERMINATION a. Termination for Convenience(General Provision)The(Recipient)may terminate this contract,in whole or in part,at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the(Recipient),the Contractor will account for the same,and dispose of it in the manner the(Recipient)directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or,if the contract is for services,the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the(Recipient)that the Contractor had an excusable reason for not performing,such as a strike,fire, or flood, events which are not the fault of or are beyond the control of the Contractor,the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions Rev 2/20/15 4 Exhibit IA 1 1 E Federal Transit Administration Provisions CFDA 20.500 / 20.507 If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within[ten(10)days]after receipt by Contractor of written notice from(Recipient)setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that(Recipient)elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part,when it is in the Government's interest. If this contract is terminated,the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the(Recipient)may terminate this contract for default. The(Recipient)shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient, g. Termination for Default(Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the(Recipient)may terminate this contract for default. The(Recipient)shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods,the Contractor shall,upon direction of the (Recipient),protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and(Recipient)shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the(Recipient). h. Termination for Default(Construction)If the Contractor refuses or fails to prosecute the work or any separable part,with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God,acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes,freight embargoes;and b) The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the Rev 2/20/15 5 Exhibit IA 11 E Federal Transit Administration Provisions CFDA 20.500 /20.507 work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports,estimates,summaries,and other information and materials accumulated in performing this contract,whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the(Recipient)may fix the fee, if the contract provides for a fee,to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the(Recipient),the Contractor shall be paid its contract close-out costs,and a fee,if the contract provided for payment of a fee,in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default,the(Recipient)determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION(NON-PROCUREMENT) (Applies to subcontracts) This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify that none of the contractor, its principals,as defined at 49 CFR 29.995,or affiliates,as defined at 49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. Rev 2/20/15 6 Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 10. BUY AMERICA REQUIREMENTS (Applies to subcontracts) The contractor agrees to comply with 49 U.S.C. 5323(j)and 49 C.F.R.Part 661,which provide that Federal funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification(Attachments)with all bids or offers on FTA-funded contracts,except those subject to a general waiver.Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. 11. BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies-Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the(Recipient)and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree,or in a court of competent jurisdiction within the State in which the(Recipient)is located. Rights and Remedies -The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the(Recipient), (Architect)or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. 12. LOBBYING Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Rev 2/20/15 7 Exhibit IA 11 E Federal Transit Administration Provisions CFDA 20.500 /20.507 13. CLEAN AIR (Applies to subcontracts OVER$100,000) (1)The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS (Applies to subcontracts OVER$10,000) (1)The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS (Applies to subcontracts) Use of United States-Flag Vessels-The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development,Maritime Administration,Washington,DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,material,or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS (Applies to subcontracts) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S.Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Rev 2/20/15 8 Exhibit IA 1 1 E Federal Transit Administration Provisions CFDA 20.500 /20.507 17. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS (1)Minimum wages-(i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),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 issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph(1)(iv)of this section;also,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 29 CFR Part 5.5(a)(4). 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. The wage determination (including any additional classifications and wage rates conformed under paragraph(1)(ii) of this section) and the Davis-Bacon poster(WH- 1321)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. (ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: • Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination;and • The classification is utilized in the area by the construction industry;and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and • With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B) or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit Rev 2/20/15 9 Exhibit IA 1 E Federal Transit Administration Provisions CFDA 20.500 /20.507 which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: • The work to be performed by the classification requested is not performed by a classification in the wage determination;and • The classification is utilized in the area by the construction industry;and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,Washington,DC 20210. The Administrator,or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 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. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(v)(B) or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 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, so 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(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Collier County may,after written notice to the contractor,sponsor,applicant,or owner,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. (3)Payrolls and basic records-(i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of 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. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing Rev 2/20/15 10 1 1E Exhibit IA Federal Transit Administration Provisions CFDA 20.500 / 20.507 benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. 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 029-005-00014-1), U.S. Government Printing Office, Washington,DC 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 or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: • That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i)of Regulations,29 CFR part 5 and that such information is correct and complete; • That each 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 Regulations,29 CFR part 3; • That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work 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(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor, sponsor,applicant, or owner,take such action 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. (4)Apprentices and trainees -(i)Apprentices -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 U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her 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. The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the Rev 2/20/15 11 Exhibit IA 11 E Federal Transit Administration Provisions CFDA 20.500 /20.507 registered program for the apprentice's level of progress, expressed as a percentage of the journeymen 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 of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 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 will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-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 U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10)and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards-Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility-(i)By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or fu-m ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). Rev 2/20/15 12 Exhibit IA I I �E Federal Transit Administration Provisions CFDA 20.500 /20.507 (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. 18. f RESERVED I 19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1)Overtime requirements-No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. (3) Withholding for unpaid wages and liquidated damages - Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys 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(2)of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. 20. BONDING REQUIREMENTS Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR,Part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by(Recipient)to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of[ninety (90)] days subsequent to the opening of bids,without the written consent of(Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of(Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds,as provided above,or refuse or be unable to furnish adequate and acceptable insurance,as provided above,he shall forfeit his bid security to the extent of(Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement,or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify(Recipient) and pay over to(Recipient)the difference between the bid security and(Recipient's)total damages,so as to make(Recipient)whole. Rev 2/20/15 13 Exhibit IA 11E Federal Transit Administration Provisions CFDA 20.500/20.507 The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested,will render the bid unresponsive. Performance and Payment Bonding Requirements(Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida(or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"circular. This circular may be accessed via the web at www.fms.treas.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. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the(Recipient). Patent Infringement Bonding Requirements(Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The(recipient)shall determine the amount of the patent indemnity to protect the(Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to(Recipient),the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager],the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe,substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one(1)year after Final Payment by(Recipient)and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees,the Contractor shall,prior to the release of Final Payment[as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM,as adjusted(if at all). 21. SEISMIC SAFETY REQUIREMENTS The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work Rev 2/20/15 14 Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 22. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (Applies to subcontracts) Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: (a)General Transit Employee Protective Requirements-To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C.A 5333(b), and U.S. DOL guidelines at 29 C.F.R.Part 215,and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections(b)and(c)of this clause. (b)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. §5333(b)are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b),U.S.DOL guidelines at 29 C.F.R.Part 215,and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA,the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S.DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 23. CHARTER BUS REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(d)and 49 CFR Part 604,which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service,except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. SCHOOL BUS REQUIREMENTS Pursuant to 69 U.S.C. 5323(f)and 49 CFR Part 605,recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption,recipients and subrecipients may not use federally funded equipment,vehicles,or facilities. Rev 2/20/15 15 1 1E Exhibit IA Federal Transit Administration Provisions CFDA 20.500 /20.507 24. DRUG AND ALCOHOL TESTING Introduction FTA's drug and alcohol rules,49 CFR 655,respectively, are unique among the regulations issued by FTA. First,they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf(usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules;thus,the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third,the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. Explanation of Model Contract Clauses: Collier County relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 655, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program,the recipient may fmd itself out of compliance with the rules. Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655,and permit any authorized representative of the United States Department of Transportation or its operating administrations,the State Oversight Agency of(name of State),or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS)reports before (insert date before March 15)to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,"which is published annually in the Federal Register. 25. PATENT AND RIGHTS IN DATA (Applies to subcontracts) A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports,cost analyses,and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a)Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public;this restriction on publication,however,does not apply to any contract with an academic institution. (b)In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36,the Federal Government reserves a royalty-free,non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent,the Federal Government may not extend its Federal license to any other party. Rev 2/20/15 16 =, Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 1. Any subject data developed under that contract,whether or not a copyright has been obtained;and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental,developmental,or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subject data developed in the course of that contract,or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental,developmental,or research work,which is the subject of the underlying contract,is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are fmanced in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify,save,and hold harmless the Federal Government, its officers,agents,and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official,or agents of the Federal Government. (e)Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental,developmental,or research work financed in whole or in part with Federal assistance provided by FTA. (3)Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status(i.e., a large business,small business,state government or state instrumentality,local government,nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide,through FTA,those rights in that invention due the Federal Government as described in U.S.Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements," 37 C.F.R.Part 401. (4)The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work: (1) General-If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added,and that invention,improvement,or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education,individual),the Purchaser and the Contractor agree to take the necessary actions to provide,through FTA, those rights in that invention due the Federal Government as described in U.S.Department of Commerce regulations, "Rights Rev 2/20/15 17 Exhibit IA 1 1E Federal Transit Administration Provisions CFDA 20.500 /20.507 to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements,"37 C.F.R.Part 401. (3)The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 26. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and(b)Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note. 27. DISADVANTAGED BUSINESS ENTERPRISE Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16,2003. The rule provides guidance to grantees on the use of overall and contract goals,requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements,and replacement of DBE subcontractors. Additionally,the DBE program dictates payment terms and conditions (including limitations on retainage)applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's goal for DBE participation is 2.58%. b. A separate contract goal has not been established for this procurement. c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). d. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. In order to comply with the provisions of 49 CFR 26,the bidder/offeror agrees to the following: • Bid Opportunity List:shall submit with all Requests for Proposals and Invitations For Bid. • Anticipated DBE Participation Statement: shall submit with all Requests for Proposals and Invitations For Bid: • DBE Directory: the bidder/offeror may use the online DBE directory, BizNet, www.bipincwebapps.com/biznetflorida/to locate ready,willing, and able DBE's to perform sub-contractor work or sub-consultant work on USDOT assisted contracts. • Subcontractor Payment Report: shall submit monthly to comply with monitoring requirements of 49 CFR 26. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from Collier County. In addition,the contractor is required to return any retainage payments to those subcontractors within thirty (30)days after the subcontractor's work related to this contract is satisfactorily completed. f. The contractor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this Rev 2/20/15 18 Exhibit IA 1 lE Federal Transit Administration Provisions CFDA 20.500 /20.507 contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 28. RECYCLED PRODUCTS (Applies to subcontracts for purchases$10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was$10,000.) Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA),as amended(42 U.S.C. 6962),including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 29. [RESERVED 1 30. ADA Access Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 31. BUS TESTING Bus Testing-The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c)and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the fmal test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's fmal acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's fmal acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. 32. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. § 5323(1)and FTA's implementing regulation at 49 C.F.R.Part 663 and to submit the following certifications: Rev 2/20/15 19 Exhibit IA 1 lE Federal Transit Administration Provisions CFDA 20.500 /20.507 (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts,their country of origin and costs; and 2)the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. (3)Federal Motor Vehicle Safety Standards(FMVSS):The Contractor shall submit 1)manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2)manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. 33. PRIVACY ACT 5 U.S.C.552 Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (I)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things,the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 34. ITS Standards Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). 35. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 36. Drug Free Workplace Drug-Free Work Place: The Contractor has implemented a drug-free workplace program and will continue to enforce such program for the duration of resultant agreement.A drug-free workplace program includes: i. A published statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Rev 2/20/15 20 /' Exhibit IA 1 lE Federal Transit Administration Provisions CFDA 20.500 /20.507 ii. Employee information about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. iii. Providing each employee engaged in delivering the commodities or contractual services that are under this bid or proposal a copy of the statement specified in Paragraph 1. iv. Notifying the employees that, as a condition of working on the commodities or contractual services that are under this bid or proposal that they will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. v. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs i. through v.above. Rev 2/20/15 21 c.4 Page 1 of 6 1 1E General Decision Number: FL150012 01/23/2015 FL12 Superseded General Decision Number: FL20140012 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/09/2015 2 01/23/2015 * ELEC0349-005 09/01/2014 Entire County except that portion due west of Broward County and east of the south southwest corner of Hendry County a es Fringes R t ELECTRICIAN $ 25.55 8.08 ELEC0728-005 09/01/2013 Remainder of County Rates Fringes ELECTRICIAN $ 27.96 10.56 ENGI04B7-007 07/01/2013 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static- Mount; All Cranes with file:///C:/Users/BRENDA-1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 110 Page 2 of 6 11E Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work) ; Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice) ; Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck $ 29.05 8.80 Cranes with Boom Length Less than 150 Feet (With or without jib) ; Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice) ; Boom Truck $ 28.32 8.80 OPERATOR: Mechanic $ 28.32 8.80 OPERATOR: Oiler $ 22.99 8.80 IRON0272-003 04/01/2013 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL $ 23.59 5.93 PAIN0365-002 08/01/2014 Rates Fringes PAINTER: Spray $ 15.75 7.88 PLUM0630-003 07/01/2013 Rates Fringes PIPEFITTER (HVAC Pipe Installation) $ 26. 61 10.45 SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18 SUFL2009-008 05/22/2009 Rates Fringes BRICKLAYER $ 18.95 0.00 file:///C:/UsersBRENDA-1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 04) Page 3 of 6 liE CARPENTER $ 16.23 3.70 CEMENT MASON/CONCRETE FINISHER $ 13.05 1.49 INSULATOR - PIPE & PIPEWRAPPER $ 13.13 3.03 LABORER: Asphalt Shoveler $ 7.88 0.00 LABORER: Common or General $ 11.79 2.03 LABORER: Concrete Saw (Hand Held/Walk Behind) $ 12. 63 0.00 LABORER: Mason Tender - Brick $ 13.00 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.83 1.90 LABORER: Pipelayer $ 12.31 1.19 LABORER: Roof Tearoff $ 8.44 0.00 LABORER: Landscape and Irrigation $ 12.00 0.00 OPERATOR: Asphalt Spreader $ 11.41 0.00 OPERATOR: Backhoe/Excavator $ 11.00 0.00 OPERATOR: Bulldozer $ 15.01 0.00 OPERATOR: Distributor $ 12.37 0.00 OPERATOR: Forklift $ 14.00 0.00 OPERATOR: Grader/Blade $ 13.73 0.00 OPERATOR: Loader $ 13.80 1.79 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 11.69 0.00 OPERATOR: Pump $ 19.00 0.00 OPERATOR: Roller $ 10.66 0.00 OPERATOR: Screed $ 11.34 0.00 OPERATOR: Tractor $ 9.91 0.00 OPERATOR: Trencher $ 11.75 0.00 PAINTER: Brush and Roller $ 13.46 0.00 PIPEFITTER, Excludes HVAC Pipe Installation $ 17.83 0.00 PLUMBER $ 13.58 0.00 ROOFER (Installation of Metal file:///C:/UsersBRENDA-1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 ;� Page 4 of 6 Roofs Only) $ 14.26 0.59 1 1 E ROOFER, Includes Built Up, j, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply, Slate, & Tile Roofs (Excludes Installation of Metal Roofs) $ 13.92 0.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 18.79 3.21 TILE SETTER $ 14.61 0.00 TRUCK DRIVER: Dump Truck $ 10.00 0.00 TRUCK DRIVER: Lowboy Truck $ 12.09 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing file:///C:/Users/BRENDA-1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 Page 5 of 6 this classification and rate. 1 lE Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) file:///C:/UsersBRENDA-1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 Page 6 of 6 and 3. ) should be followed. 1 1E With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file:///C:/UsersBRENDA—1/AppData/Local/Temp/Low/UJMZESJP.htm 2/2/2015 1 1E EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ CAT Facility Improvements Ph II 80 lIE EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ CAT Facility Improvements Ph II 81 O`a` . ..................... lIE EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ CAT Facility Improvements Ph II 82 liE EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ CAT Facility Improvements Ph II 83 h 'i 1 1E EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category George Reviere Construction Superintendent Doug Masch Project Manager CAT Facility Improvements Ph II 84