The URL can be used to link to this page

Backup Documents 09/26/2017 Item #16G7 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN LI ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT i C+ 1 D D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to thR C �t py Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the o tyY Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk ManapQem nt Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already comple?e with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Ini 'als Date 1. Risk Risk Management /P ,7 2. County Attorney Office County Attorney Office111949- /v 7 4. BCC Office Board of County b Commissioners 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Jim Flanagan Contact Information 239-252-8998 Contact/Department Agenda Date Item was 9/26/17 Agenda Item Number 16.G.7 Approved by the BCC Type of Document Construction Contract / Number of Original Attached Documents Attached PO number or account N/A 17-7126 Immokalee Owen-Ames Kimball number if document is Regional Airport Company to be recorded Taxiway B Rehabilitation 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 STAMP OK BIS 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 BL 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 BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/26/2017 and all changes made 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 by the BCC,all changes directed by the BCC have been made,and the document is ready for the 1 Chairman's signature. 16G ? MEMORANDUM Date: October 5, 2017 To: Barbara Lance, Purchasing Tech Procurement Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract # 17-7126, Immokalee Regional Airport Taxiway B Rehab Contractor: 0-A-K/Florida, Inc. d/b/a Owen-Ames-Kimball Company Attached, please find an original copy of the contract referenced above, (Item #16G7) approved by the Board of County Commissioners on Tuesday, September 26, 2017. The second original contract will be held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16G7 v �r County 7ty Administrative Services Department Procurement Services Division IMM Taxiway B Rehabilitation Construction COLLIER COUNTY BID NO. 17-7126 COLLIER COUNTY, FLORIDA Jim Flanagan, Procurement Strategist Email: JimFlanagan@colliergov.net Telephone: (239) 252 - 8946 Design Professional: Hole Montes Engineering .;.,•-,i) Prairetnerst [k.+ .33'27TarevamiTrail East•Naples,Honda;341t2-4O1•2392S28407 .ccttsergrsv.rretiprocurementseroles 1 Construction Services Agreement:Revised 02132017 16G7 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 14 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 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 43 EXHIBIT E: CHANGE ORDER 44 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 45 EXHIBIT G: FINAL PAYMENT CHECKLIST 47 EXHIBIT H: GENERAL TERMS AND CONDITIONS 48 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 75 EXHIBIT J: TECHNICAL SPECIFICATIONS 76 EXHIBIT K: PERMITS 77 EXHIBIT L: STANDARD DETAILS 78 EXHIBIT M: PLANS AND SPECIFICATIONS 79 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 80 2 Construction Services Agreement:Revised 02132017 16G7 Cofer County Administrative Services Department Procurement Sertices Division PUBLIC NOTICE INVITATION TO BID IMM Taxiway B Rehabilitation Construction COUNTY BID NO. 17-7126 Sealed bids for the construction of Immokalee Airport Taxiway B Rehabilitation will be received electronically until 2:30 P.M. LOCAL TIME, on the 19th day of May, 2017 on the County's on- line bidding system: www.colliergov.net/bid. 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: $1,200,000.00. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, 3295 Tamiami Trail East (Bldg C2) — (please note new location) at 9:00 a.m. LOCAL TIME on the 28th day of April, 2017, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of May 19, 2017. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division 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 Procurement Services Division 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 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 3 Construction Services Agreement:Revised 02132017 16 G7 the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred Fifty (150) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 18th day of April, 2017 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 4 Construction Services Agreement:Revised 02132017 16 G7 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 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid and shall sign the Bid correctly. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted on www.colliergov.net/bid 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 5 Construction Services Agreement:Revised 02132017 16G7 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 one hundred twenty (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 one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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 Refect 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. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. 6 Construction Services Agreement:Revised 02132017 16 G7 Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the 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. 7 Construction Services Agreement:Revised 02132017 16 G7 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. 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. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and responsible 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 responsible 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 Procurement professional of the Owner's Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted on the Procurement Services Division Web Site. Award of Contract will be made by the Board of County Commissioners in public session. Any 8 Construction Services Agreement:Revised 02132017 16G7 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 procurement ordinance and policies. A copy of the procurement ordinance is available at: http://www.colliergov.net/Index.aspx?page=762 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.5 Certificate of Authority to Conduct Business in the State of Florida (FL 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.orq/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 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay 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. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2017-08, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement 9 Construction Services Agreement:Revised 02132017 16 G ? requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. 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 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 10 Construction Services Agreement:Revised 02132017 16 G7 • "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." 11 Construction Services Agreement:Revised 02132017 16 G ? CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IMM Taxiway B Rehabilitation Construction BID NO. 17-7126 Full Name of Bidder 0-A-K/Florida,Inc. d.b.a. Owen-Ames-Kimball Company Main Business Address 11941 Fairway Lakes Drive. Fort Myers, FL 33913 Place of Business Florida Telephone No. 239-561-4141 Fax No. 39-561-1996 State Contractor's License#CGC060615 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 59-2190605 DUNS# 032603284 CCR# Cage Code 586J8 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 Procurement Services Division staff. 12 Construction Services Agreement Revised 02132017 Ikk'''''‘kk -‘' ‘"‘Vz. ...i...-z,.\'‘' :;k: ..2.14,,,,„L\ ',k7k“.,,,,i:‘A*k,,,,...„„„.k.• ::.....A;.:..;-.‘,,N Nkvv..!..*,..;,;ku,.,-...,,\ -,,,,,,,,„,,,v, i.,..isui.ance, Licenses& erti-Ica i State of Florida Professiitriai License refff f s'--- HICK SCOTT,00V0RNOR -'*„,,,L,' „, . .V., STATE OF FLORIDA DEPARTMENT OF GAMINESS ANO PROFESSIONAL RECLILATI:1;11-49.18°N.4E4Asirjrf CONSTRUCTION INDUSTRY LICENSING BOARD *. ..,.-''...:',.:44. =.,..,,,=='=f XTAV ,C, worms xxXX x,W ''.• J Or , • 'The GENERAL CONTRACTOR • 0410 ----71... •M , Named be,us.v IS CERTIFISD T Under Ihe presvIsIcna at Chapter 489 FS. I Expiration date:AUG 31,2010 M. ,. 1 l' a :740 \ -., --4. OAL0 DAVID.1c7.4 tZieg,„. . OF110WE8R4TtIliatAytiEnseS.s,AviCILAME1.KALerst..1.3C0R30::13PMY David J.Dale •st,,e 3 0...!+2.3,2of 0 Dt871.AY,A.V.1 RE(11.11RED EW 1_,,',P,/ S.0 4 1_,01,52...r.0eal,15 Collier County Business License __ ._..... . ... . . ....... - • - —• • , =cou..e.a cou MY lat.1$0411 SS TAX ett/S1140$8,70tIVAISE11; ernes 1 • cot tfutcevn,,AxecL_,acina.mn Is f•TASE.T.P=c VIZ 14mq se.r1.01s.;.'a a4vg4 a31,1:,,4,10-7 VI=OW s.w.Beire,..i v...••cfaxeire T..: TK 8 ItECC,TT rawmes XaTTY.X,Inft IA xfC te _ --... I C,tfl..AY AT PLAT,If OF vustriC33 mut PUtfl.fG In5Pecil0ai 1.0:".t.1101,via,cAbleiL0['ilea real.0 AC 10 00$0 LS cnirtrt411101.0FALLAW,J. =Mo. c-t.20r..,..st,e ,FG1•1 FOAM •tIEN T.RII I4OK•RETUMIXAlf4 e. coPPolv,I014 , 51.:1,04ESS ofontir t na.r,. V.VN.Xiblkit WA:A-COL:PAN t , •74•EN•MICE KILICM.1•00ft.,...1•Y P.T.4 a:4TM t Ckfxfi in 1 . OAP.kg Tt.34 1•22,COLO ,/,,.. • CI Atiti•kiCA I KJ iazign:4-rdx••nt.7 C•FA.CR D18 05=114C315 GLAsr,CiikkAl MCC.C3X031fxs AMOUNT !OM • Mx cf....Is x...x xi".IfTexTx TI•fx 4 PU/cuStkattes tt at PJ-3,....k xxx•Axxx , %lo,,,,,,,,,,i t,,,,,,,,,,,,,,,,,,,,, ,,,,,,x,,,,,,,,I„.,,,,,,,u,,y,,,,,..,4 1,7,4 .0 (•NE g•IV41..,I.,•,,,..,.. crt.::,,t ,,,,,„,A, , I.dxxx X ay.mot emo.1.1,xer bow.•v PA".-To...Tr...HS ir•rt r.tv eft Isquit.. yLI,n, , , I s State of Florida Corporate Certificate State of Florida :„. Department of Slate .', I.:wiry Et ue te snot.1.of ttls:111ze 01.11 u-k.s.11..ortio.A.84L.is. II/411,4 law,ker....14 mula[lex:e.a.1"Ilti sick a Flo ilk SIpU.m.61.1o.:,...1 ' or. = , Tbr.daturicti rtir.bcrprthis corimmtoc:sr[7400.5, '' I 11011Cf Lill try i!...1,:11..ot pal ere lag r GM law doe*I:4fire ISA,i3b rseemher 31,210,t.v.l r am sece18 al Atral f Cr xl.'1XXiflk:ClbrilaltIXIciva trap Ii*,a1 an Aeltitcy 4 NM.Eel:let-4 f1u111 IS xxlik.!.. , 111K k Xt Mr:KIM sMJ,:mr..1Nr has,,,C 100.1 ATI IC k=41).....11,16.1, k, x • firm wAlertnrive.1 pa ffic foe 0.foof ff thrATAX.17.1.0•64 , .Tx1IxImaxxx,tlertly.d.. P.Porit‘tx xrfor.x.r.AM , : • s',,';f0. X •,.".,,5 Af. Secretary of State .170- • ToxioNtai100 II.mativaak,•Tof ou e.e..+Ior 0...”.144..1,...1 0. AV.,,Lxfutroxim••tifilla•td k 4-.10viel! ci)ilicr i.'Quill\ ilotird kir couni, cownis,loners ""--rJAinev . kt,-„fitiban Solic.ii“6un 1: 16-6688 .....;:„n N1ritin‘,N1 Roy,•t lin=J. ) i , 1 ( v att'r Ourldi3m S14:e RN - Detail by Entity Name Page 1 of 3 Florida Department of State Div,sicr;or C1,R6uG 7 g#J ) +e; Department of State / Division of Corporations I Search Records / Detail By Document Number I Detail by Entity Name Foreign Profit Corporation OWEN-AMES-KIMBALL CO. Filing Information Document Number 849848 FEI/EIN Number 38-0900420 Date Filed 07/28/1981 State MI Status ACTIVE Principal Address 300 IONIA AVE N W GRAND RAPIDS, MI 49503 Changed:01/20/2004 Mailing Address 11941 FAIRWAY LAKES DR. FT. MYERS, FL 33913-8338 Changed:05/08/1992 Registered Agent Name&Address DALE, DAVID J 11941 FAIRWAY LAKES DR. FORT MYERS, FL 33913 Name Changed:04/07/2008 Address Changed:04/23/2015 Officer/Director Detail Name&Address Title PD STANEK, FRANK 4676 WALKER RIDGE RD KALAMAZOO,MI 49009 Title STD LA BARGE,JOHN CJR http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/3/2017 Detail by Entity Name Page 2 of 3 7264 TORY DR 16 G7 HUDSONVILLE, MI 49426 Title VD DALE, DAVID 3761 DOWNWIND LANE • NORTH FORT MYERS, FL 33917 Title D SHIMP, KEVIN C. 14841 CALEB DRIVE FORT MYERS, FL 33908 Annual Reports Report Year Filed Date 2015 04/23/2015 2016 03/28/2016 2017 01/09/2017 Document Images 01/09/2017--ANNUAL REPORT View image in PDF format 03/28/2016--ANNUAL REPORT View image in POE format 04/23/2015--ANNUAL REPORT View image in PDF format 04/22/2014--ANNUAL REPORT View image in PDF format 04/16/2013--ANNUAL REPORT View image in PDF format 03/29/2012--ANNUAL REPORT View image in PDF format 01/31/2011--ANNUAL REPORT View image in POE format 03/22/2010—ANNUAL REPORT View image in PDF format 04/24/2009...-.-.ANNUALREPORT View image in POE format 04/07/2008--ANNUM.REPORT View image in PDF format 03/19/2007--ANNUAL REPORT View image in POE format 04/04/2006--ANNUAL.REPORT View image in POE format 05/02/2005--ANNUAL REPORT View image in PDF format 01/2012004--ANNUAL REPORT View image in PDF format 04/07/2003--ANNUAL REPORT View image in PDF format 03ltd/2002......_ANNUAL_.O FORT View image in PDF format 02/06/2001—ANNUAL REPORT View image in PDF format 02/08/2000--ANNUAL REPORT View image in PDF formai 04/30/1999--ANNUAL REPORT View image in PDF format 04/03/1998--ANNUAL REPORT View image in PDF format 05/08/1997--ANNUM-REPORT View image in POE format 03/28/1990--ANNUAL REPORT View image in PDF format 03/21/1995--ANNUAL REPORT View image in POE format ffori1a L'epartn,eft of Stat?,f?i..:.On...A...I OFarIOn5 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/3/2017 16 G ? BID SCHEDULE IMM Taxiway B Rehabilitation Construction Bid No. 17-7126 "Also attached, hereto, following this page" 13 Construction Services Agreement:Revised 02132017 16G7 17-7126-Bid Schedule 1MM Taxiway B Rehabilitation ITEM NO SPEC NO. ITEM DESCRIPTIOM UNITS 11)TAL UNIT PRICE TOTAL COST CIUMMTY 1 M-100.5.1 MOBILIZATION LS 1 $175349.63 $175,348.63 5 M-100.5.2 TEM .ACCESS ROAD SY 3,350 52.31 $7,738.50 6 P-101-5.1 REMOVE ASPI-IALTIC CONCRETE PAVEMENT-FULL DEPTH SY 14,520 $1.80 $26,136.00 7 P-101-5 1 PAVEhIENT MILLING(0*-T) SY 115 $13.64 $1,568.60 8 P-152-4.1 UNCLASSIFED EXCAVATION cy 250 55.10 $1,275.00 9 P-152-4.5 BORROW MATERIAL CY 2,000 $0.75 $1,500.00 10 P-152-4.7 EMBANKMENT IN PLACE CY 2,000 $1.76 $3,520.00 11 P-156-5.1E INSTALLATION AND REMOVAL OF SILT FENCE&INLET PROTECTION LS 1 $2,023.36 $Z023.36 12 P-160-8.1 STABILIZED SUBGRADE(12") SY 15,620 $7.41 $115744.20 13 P-211-5.1 UMEROCK BASE COURSE(6") SY 15.070 $9.31 $140,301.70 14 P401-8.1.1 BITUMINOUS SURFACE COURSE TON 3,500 $137.80 $482,300.00 15 P-620-5.1.-1 YELLOW TAXIWAY MARKINGS WITH TYPE III BEADS SF 1,400 $1.11 $1,554.00 16 P-620-51.-2 BLACK OUTLINE PAINT SF 2,600 50.78 $2,184.00 17 T-901-5.1 SEEDING 25 $110.87 $2,771.75 SF 18 T-904-5.1 SODDING SY 2,700 $2.61 $7,047.00 -W F 162 5.1- _-- , . .._!. 1,--. _--._,. _. _ 4.F. 4699 sa7-44 T4,01; SUBTOTAL SUBTOTAL $971,013.74 ALLOWANCE I.& 4 4400 $0.90 TOTAL TOTAL $971,013.74 16 G7 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 shalt 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: 0-A-K/Florida, lnc : 0 - mes-Kimball Company Signature: ,r Date: 05-19-17 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 14 Construction Services Agreement:Revised 02132017 16 G7 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 2017-08 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 Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other ReCF7 /en/4"7740--4.0111.-5. subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: 0-A-LIF(o ida, -.d.b.a. es-Kimball Company Signature: Date: 05-19-17 15 Construction Services Agreement:Revised 02132017 16G7 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to provide a minimum of three (3) references below for municipal or commercial work of similar magnitude or nature completed within the last ten (10) years as 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. Project and Location Reference (include phone#or email Marco Island Executive Airport Runway address) 17-35&Apron Rehabilitation Justin Lobb-Collier County Airport Authority 1. 2005 Mainsail Drive, Naples, FL 34114 (239)642-7878 JustinLobb@colliergov.net Naples Municipal Airport Runway 14-32 Rehabilitation Kerry Keith-Naples Airport Authority 2, 160 Aviation Drive North, Naples, FL 34104 (239)643-1827 kkeith@flynaples.com Albert Whitted Airport-RW 7/25 &South Connector TW Rehabilitation Richard Lesniak City of St. Petersburg 3 107 8th Ave SE, St. Petersburg, FL 33701 (727)893-7657 Richard.Lesniak@stpete.org SWFL International Airport Runway 6/24 Hector Yanes-Lee County Port Authority Taxiway A Rehabilitation 4. 11000 Terminal Access Road, Fort Myers, FL 33913 (239)590-4717 hyanez@flylcpa.com Venice Municipal Airport Runway 13131 Chris Rozansky-City of Naples Airport Authority Rehabilitation 5, &RPZ Improvements 150 Airport Avenue East, Venice, FL 34285 (239)207-5568 crozansky©flynaples.com 6. Company: O-AX F rtt ida, In .b.a. 0 en-'1, es-Kimball Company Signature; 00 Date: 05-19-17 16 Construction Services Agreement:Revised 02132017 16 G7 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 Sloping LF z � 2. 3. 4. 5. TOTAL$ Failure to complete the above may result in the Bid being declared non-responsive. f ' Company: O-A- i d. Inc. + ..a, Owe /Kimball Com sea Signature: Date: 05-19-17 17 Construction Services Agreement:Revised 02132017 16 G7 Colter County Adm;nistrative levies Department Procurement SeNices Division Immigration Law Affidavit Certification Solicitation: 17-7126 1MM Taxiway B Rehabilitation Construction 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 (REP) submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section '1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name 0-A-K/Florida, Inc ci b a Owen-Ames-Kimball Company Print Name DavistJ.Dae / Title President 7 Signature / �— Date 05-19-17 State of Florida /' County of Lee The foregoing instrument was signed and acknowledged before me this 19th day of May , 2017 , by David J. Dale (print or type name)who has produced (type of identification and number)as identification. rt � t . Notary Public Sigriature -7 C *te - f CKENZIE WOODS Notary Public-State of Florida Printed Name of Notary Public ',4,•r: Commission#FF 940686 My Comm.'%°�°" Bonded through Natl naDecs i Notary Assn. Notary Commission Number/Expiration � � �"' NIN,-,"' nM._ 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. 18 Construction Services Agreement:Revised 02132017 16 G 7 Administrative Services Department Procurement Sermces Division 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 O-A-K/Florida, Inc.d.b.a. Owen-Ames-Kimball Company (as shown on income tax return) Business Name (if different from taxpayer name) Address 11941 Fairway Lakes Drive City Fort Myers State Florida Zip 33913 Telephone239-561-4141 FAX 239-561-1996 Email ddaleoakfl.com Order Information Remit!Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual/Sole Proprietor If Corporation _Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C 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) 59-2190605 (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:Under penalties of rjury, erti -'at the information shown on this form is correct to my knowledge. Signature ~' Date 05-19-17 Title Davi, ale, President Phone Number 239-561-4141 19 Construction Services Agreement:Revised 02132017 Basic Pilot Memorandumof'Understanding-Company ID Number: https://e-verify.uscis.goviemp/Doeumwerny tvLs a x utneierni4bi.uo;et.rtAu.a.•t1rsr.).. p l1 7 i y . 4: veI k Company ID Number: 326931 THE E..VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (OHS) and Owen-Ames-Kimball Company (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS,the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 13248 note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR)(hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA .1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). . __. Page'I of 131E-Veiry MOO for ErnployerlRevisloti Date 1012f1108 of 13 3/29/2013 12:50 PM - 1 6 G 7 Basic PiloMemorandum of Understanding Company ID Number: ... bttm.//e-verifyuuoo.guv6mp/Duuumuodaunchor, _ _ _ 1114 EVeriFy =",,=^-L°=aa��, Company ID Number: 326931 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.G. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DNS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from OHG's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means,and • Photo verification checks(when available) on employees. 2. OHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer nmnles, titles, addresses, and telephone numbers of DHS representatives to be contacted during the EVerify process. 3. OHS agrees to provide to the Employer a manual (the E-Verify User Manual)containing instructions on E-Verify poUoies, procedures and requirements for both SSA and OHS, including restrictions on the use of E-Verify. OHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office ofSpecial Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5 DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify p[og:mnO, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA)and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page z»[1»1E-VorifyHOU frit enpkwo4Rrvisim oym1umxOb 1 6w C 17 Basic Pilot Memorandum of Understanding-Company ID Number: .. littps://e-verify.usci s govtempiDocumet Cauneher.aspx?Em ployerID... EVW. IIII _ illik Km it Ig y Company ID Number: 326931 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C, RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: O If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. §274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document)to complete the Form 1-9,the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. Pa ge 3 of 131E-Vea y Mal for Einployt-a!Reviskq Pate 10 21-1,013 3 of 13 3129/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number: ... x https://e-verify.uscis.gov/emp/DocumentLaunchers 2EijoD... 6 1;17 ever, . t, ,,,,,,, ',.: isIlli �� X`' S'..:;1AFFY Yb A Irk IFC!7ifOi Z..1 Company ID Number:326931 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. in all cases, the Employer must use the SSA verification procedures first, and use OHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article Il.D.1.c, Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU, The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page kof 131E-VeriyMOD fol 6i loyenRevisionDatelC;2908 I of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number:.,. https://e-verify.uscis.gov/emp/DoctnnentLauncher.aspx?EmpIoyerlD... fif 6G7 _u ex` =:QTY-#A ft0.._CZ ti-xs Company ID Number: 326931 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match,the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. if the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with 1 questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VIi of the Civil Rights Act of 1964 and section 274E of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative. nonconfirmations. The Employer further understands that any violation of the unfair immigration-related employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages, Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MCU only to confirm the employment eligibility of employees as Pap 5of131E-Vortry mou6_4Erfp,o;er •'avisionData1W29108 /x=: `,d,,,` £ .,xf/i' 3 :,; of 13 3/29/2013 12:50 PM 1 Basic Pilot Memorandum of Understanding-Company ID Number: ... https://e-verify.uscis.gov/emm p/DocuentLauncher.as ?E pl I . ,.. en E , , v,..,,, -' ,rs. V,Ilk - V,%-L.1/- 44- ' '4"-liffe mitammammigant-mm:S.A zwn:t tr DPI Company ID Number:326931 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1, The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract,within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the Page 6 of i3IF-Vciry f.10L1fol Emi.:oydrp,..wslor I Dole 10:2906 )of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number:... https://e-verif`y.uscis.gov/emp/DocumentLauncher.aspx?EmployerID... j 6G7 ,,,,, \\ ‘ , ,_ \ , \\,- ,,, \\ ,, , E.,_ . ._, ,„„„,„..„ „.. -.....„Nrtt"" o �. Company ID Number:326931 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such Institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis In section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S.citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Page 7 of 131E-Wt J MOU for Erne oye Rov stoti Dat9 15/20/08 1 of 13 3/29/2013'12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number: ... hups://e-verify.uscis.goviemp/Documentliauncher. x? m 6 ... '''IW ...„. ,, ..„....r.,„ ...,, , Company ID Number: 326931 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so, The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation,the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO OHS 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from OHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-mettch. The Employer will determine whether the employee contests the tentative nonconfirrnation as soon as possible Page 8 of 131E-Verify 1.101J for EmployegRovision Dote 10129,08 I of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number: https://e-verify.uscissoviemp/DocumentLauncheraspx?EmployerID— Wok. M1,1 Company ID Number: 326931 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by OHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter)within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to DHS. OHS will electronically transmit the result of the referral to the Employer within '10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to OHS for review by: • Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account (furnished and paid for by OHS). 7, The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by OHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. OHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take Page 9 of I 31E-Venfy MOU 10 EtvployeftRevietott Date 10:2903 )of 13 3/29/2013 12:50 PM 1 Basic Pilot Memorandum of Understanding-Company ID Number: .,. hups://e-verify.uscis.goviemp/DocumentLauncher.a ? pi r .. E v m ,,, I.--1:711'1"ZI 4"t.I.WttZI Or ZnZ "..' Company ID Number:326931 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to OHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents,officers,or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F, The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and OHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act(FOIA). G. The foregoing constitutes the full agreement on this subject between OHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively, P ago 10 or 135-Voty MOU far En j.luyel iiZevis.10,1 Date J0120108 0 of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company 1D Number: ... https//e-verify.uscis.gov/emp/DocumentLauncher.aspx?EmployerID... :,,.-,.....,/, t,,,iiiiii,v. ,,, ..Nrft, Company ID Number: 326931 To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions,contact E-Verify at 888-464-4218. Employer Owen-Ames-Kimball Company Sherry L Schreier Name(PleaseName(Please-typ-e6tPliri0 .. _..._. Title Electronically Signed 05/12/2010 Signature Data Department of Homeland Security—Verification Division USCIS Verification Division Name(Rosso typo or Rot) lith Electronically Signe ` ._... 05/12/2010 Signature bate Page ii of 13; \verity MO()for Employer Revlsion Data 10/2Q/Ob „ ,,,o,€r;r ,;...•,,,,1.1, " 11 of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number: .. https://e-verify.uscis.gov/einp/DocumentLaunch ,a I erID... ,,, ,. es •,;v' s 14 111110 1 Company ID Number: 326931 Information Required for the E-Verify Program Information relating to your Company: Company Name: Owen-Ames-Kimball Company Company Facility Address: 11941 Fairway Lakes Drive Fort Myers,FL 33913 . . Company Alternate Address: ' County or Parish: LEE ... , Employer Identification Number; 59219060 . .._,......... North American Industry Classification Systems Code: 236 Parent Company: - - Number of Employees; 20 to 99 Number of Sites Verified for: 'I •.. _ .._.Are you verifying for more than 1 site?If yes,please provide the number of sites verified for in each State: • FLORIDA 1 site(s) ..„. _. Page 12 of 13 E-Veiiry MOU Tar ErnployetfRevision Date 10/2Q108 2 of 13 3/29/2013 12:50 PM Basic Pilot Memorandum of Understanding-Company ID Number:... https://e-verify.uscis.gov/emp/DocumentLauncher.aspx?EmployerID... i ,,,,,,:n 6 G / ..a ' A' erify Company ID Number: 326931 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Jan C Conrad Telephone Number: (239)561-4141 Fax Number: (239)425-0269 E-mail Address: iconred@oakti.com Name: Sherry L Schreier Telephone Number: (239)561-4141 Fax Number: (239)561 -1996 E-mail Address: eschrele@oakti.com Page 13 of 13,E-V6tify+moufoi EtWoysieRtvoon Date 10129108 t, ,d€,, 0, v —V,1'4k, 13 of 13 3/29/2013 12:50 PM 16 G7 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 signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Twenty (120) 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 David J. Dale , 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. David J. Dale , 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. (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 0-A-K/Florida. Inc. d.b.a. Owen-Ames-Kimball Company , and the full names of its officers are as follows: President David J. Dale Secretary Jan C. Prindle TreasurerJohn LaBarge Manager John M. Woods, Matthew Zwack, Abel Natali 20 Construction Services Agreement Revised 02132017 1 6 G 7 The---President is aattrori-zert-to"sign-uortstractirnrbids-and-coirtracts oa thu-cumpafsy-b-ructtorr ofi ts-Sa rd af-Dtreotars-taken __,-a-trertiftet ebpY a res ts-treret attanilstrtxw rsol itg-rastort -rim Dict apptruabrg7. es (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 . Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 4f O-A-K/Florida, Inc.d.b.a. Owen-Ames-K Legal Entity n/ at, thftJr\ BY: D-vid J. Dale Witness <Name o Bi.d-r +p Wit ess) -4 atu -/ y r President Title 21 Construction Services Agreement:Revised 02132017 16G % STATE OF Flnrida COUNTY OF I ee The foregoing instrument was acknowledged before me this 1gth day of May , 20 17 , by David J. Dale as President of C)-A-K/Finrida, Inc d h a f)wmn-Ames-Kimhall Co 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. My Commission Expires: c\ C.c . .: _ .. (Signature of Not +y) € .4.1;P4'4,,, MCKENZIE WOODS � -, Notary Public-State of Florida ) NAME: - =)C Q -'(' •: 4 4 Commission#FF 940686 Printed %;9r' �;� My Comm.Expires Dec 2,2019 all (Legibly ) Bonded through National Notary Assn. 42.carmarwate.440-- -ft, 41 (AFFIX OFFICIAL SEAL) Notary Public, State of t L- Commission No.: C= C>L-- 4 s (..0 22 Construction Services Agreement:Revised 02132017 16G7 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we 0-A-K/Florida,Inc. 11941 Fairway Lakes Dr.,Ft.Myers,FL 33913 (herein after called the Principal) and Travelers Casualty and Surety Company_of America.One Tower Sauare.Hartford.CT 06183 , (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County,Florida (hereinafter called the Owner), in the full and just sum of 5%of the attached 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 Bid No. 17-7126 IMM Taxiway B Rehabilitation Construction. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 5% 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 1st day of May , 2017. 0-A-K/Florida,Inc. ,""''`-- Principal BY ( > . }t- E (Seal) Travelers Casualty and Surety Company of America Surety ,..4tiu4A204„ape..., (Seal) Alison Van Wyk Countersigned N/A Local Resident Producing Agent for 23 Construction Services Agreement:Revised 02132017 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY • ,t 1 TRAVELERS, Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America. St,Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 231628 Certificate No. 007071651 KNOW ALL MEN BY THESE PRESENTS:That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Patti Zuk,Alison Van Wyk,Max Van Wyk„Justin Haan,and Linda DeVries Grand Rapids Michigan of the City of ,State of g ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and w other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of December 2016 13th P. • P. Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company S ,rHty r 1.1.h,.. yr.F‘"6.4Q\*?I i Ms ..",1.,!!!.9.f7:;;\ }acv oxo� y... WV , ,p'WWPa, c •siy Q �ngN (P.' } `s m h �gICaAFVRAfb �raa/' 0A4T.: " F O 1977 _ ' • , a rt $ t bEwLl; zn aM�cORC, a+ a less r� r 959 Aio s81L.4 . o pi'� �'N .4' §r{ac°` tae° N r z � �" tAH1g4 i e,/'ar X1°. ^s}/* s. r� 04 'WW* i State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice.President '/ On this the 13th day of December 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurauce Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Q.TET In Witness Whereof,I hereunto set my hand and official seal. 'T ti \CINW+ C ' ..otrtkOti.t^* My Commission expires the 30th day of June,2021. * �gtIG * Marie C.Tctrcault,Notary Public C► 58440-5-16 Printed in U.S.A. l WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER „ fr WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 0 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any ti of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part-of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy ' thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the 1 Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile scal shall be valid and binding on Lv the Company in the future with respect to any bond or understanding to which it is attached. I I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing 1 is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 St day of May ,201 7. ., } 1 1/104.--.. + Kevin E.Hughes,Assistant Sec tart' I I �CQ�A'�oU^`}1 , e •L!rA; ypt&E�6 z, Quilt lNf�� `a,�1NSVpq% b3p�5Y 4Np�` 0,A¢sY .h 4� 4.0 11 2 ' b" c+ g , `�alcoseO ta' Y �}�°0.�,,,�R�� st t?i WfCa�Oggtf;:p u//' p� I GG,,1 9�,8 2 0 3 1,g]7 - c4..•'+ " a ��} i .o "e HUrtFORD, < twttFdNq' a` �y'" c ; > 1957 $ E ' �`SB111.4o �` o C6NN. & 1886 < ,b a.t o• p?,v. i SEA7k . W t i\ ,,, o Ft'. F� i 1 , .e ro `' ,ANet '•.�S i °',es, .., `di e{'t wi:+�"�'a 1 '1 AtN.. 1 nom.. ..+•� n 'p To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached, t c I 5 a II li i [{i SI 6 , ,, , SIi 1 , 1 ,. ili t 1 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16G7 THIS SHEETMUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, 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 and the County's Substitute W9 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Buy American Certificate has been signed and included. 10. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion has been signed and included. 11. Bid Opportunity List has been signed and included. 12. Disadvantaged Business Enterprise Assurance has been signed with percentage of DBE participation indicated. 13. Schedule of DBE participation has been completed, signed and included. 14. Letter of Intent to perform as a DBE contractor has been prepared by DBE subcontractor, signed and included (if participation is claimed). 15. Conflict of Interest Certification has been signed and included 16. Certification Regarding Lobbying has been signed and included 17.Acknowledgement of Terms, Conditions, and Grant Clauses has been signed and included. 18.Any addenda have been signed and included. 19. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. 0-A-K/Florida, Inc. d.b.a. Owen-Ames-Kimb:.II Corn•an Bidder Nam z. 05-19-17 nature itle Date 24 Construction Services Agreement: Revised 02132017 Page 1 of 1 16G7 Cot my Email: jimflanagan@colliergov.net AdrrrMnist Senn Division Telephone:(239) 252-8946 Purchasing ADDENDUM #1 Memorandum Date: May 01, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 17-7126 IMM Taxiway B Rehabilitation This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike-through. CHANGES/ADDITIONS/DELETIONS: SITE VISIT BEING HELD AT IMMOKALEE REGIONAL AIRPORT o THURSDAY MAY 4th AT 9:00 AM o Meet at the main terminal building (165 Airpark Blvd) o Airport staff will escort crews out to the worksite via the racetrack. ➢ 04-28-17 Pre-Bid Meeting Agenda, Minutes and Sign-in Sheets are included as part of this Addendum Please acknowledge receipt this Addendum with your bid proposal. natur: / 0 u) AVS r ...r/4`j -k (0‘,4P314-4.0;/ Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Page 1 Colter County Email: 1 g imflana an©co11 AB 7 Adrrnnistrat seeServices Divisi Telephone: (239) 252-8946 Purchasing ADDENDUM#2 Memorandum Date: May 08, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #2— 17-7126 IMM Taxiway B Rehabilitation This addendum has been issued for the following items identifying changes, deletions, or additions to the original solicitation document and bid schedule for the subject solicitation. Changes and additions are identified with an underline and deletions have a strike-through, CHANGES/ADDITIONS/DELETIONS: THIS PROJECT IS SUBJECT TO FAA AND FDOT GRANTS. THE GRANTS REQUIRE A PROCESS OF APPROVALS AND FUNDING THAT WILL EXTEND INTO NOVEMBER OR DECEMBER,WHICH WILL OBLIGATE THE BIDDER TO HONOR HIS BID UNTIL A NOTICE TO PROCEED CAN BE ISSUED. THE NOTICE TO PROCEED IS ANTICIPATED TO BE ISSUED IN MID-NOVEMBER TO EARLY DECEMBER 2017.ALL BIDDERS MUST COMPLY WITH THIS REQUIREMENT OF THE BID. As Such, the following corresponding revisions to the Solicitation document apply: o Reference the following provision on Page 4 of the solicitation document- Invitation to Bid: • 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 ene hundrod twonty two hundred ten (1-20-210) days from the bid opening date without the consent of the Successful Bidder. o Reference the following provision 3.1 on page 6 of the Solicitation document—Bid Deposit Requirements: • No Bid including alternates, shall be withdrawn within - •.-2 - two hundred ten (120-210) 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 e-= -t-• == =- two hundred ten (420 210) 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 -_ •.•_ - •• two hundred ten ( 210) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 17-7126—IMM Taxiway B Rehabilitation—Addendum#2 Page 2 of 2 16G7 Bidders Questions and Answers o The Deadline for Bidder's Questions will close on Thursday May 5. All Bidder's Questions were submitted on-line through the Collier County Online Bidding System. All answers have been provided in advance of the May 09 response deadline. Please refer to Solicitation 17-7126 IMM Taxiway B Rehabilitation—Q&A A site visit was held Thursday May 4th at 9:00 am at Immokalee Airport. Attached are the sign- in sheets for the site visit. Please acknowledge receipt g this Addendum with your bid proposal. 5'.nature /.., it) ". A'3L Co.">4.a y Bidder If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. 17-7126—IMM Taxiway B Rehabilitation—Addendum#2 16 G7 COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both .y inserting a checkmark (✓) or the letter"X". hr Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. 0 The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC §50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Page 1 of 2 16G7 —_ COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item"component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC §47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject ta-pro-e- uti.J nder e 18, United States Code. 05-19-17 _ Date • gnature / 0-A-14/Florida, Inc. d.b.a. , ,fes Owen-Ames-Kimball Company David J Dale. President Company Name Title Page 2 of 2 16137 COLLIER COUNTY Vendor Submittal— Conflict of Interest Certification 17-7126 Collier County Solicitation No. I, David J. Dale , 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 1, 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 thi atter: -- .. ( / David J, Dale Name ;. '/ig re President i`' 05-19-17 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. May 19 17 12:34p M,J.S Trucking,LLC 12399958300 16 G7 05/15/2017 12:38 FAX 2395611939 10001/001 '75 11l4bj l COLLIER �!n COUNTY OUNTY AIRPORT AUTHO RITY 4. p ' Iulla r *A , �4P,m{�l"`a` 1�p�t. 6Atr £�f: (41-1 4 �}i✓ �r..a <r gt "1 ,7Ys y n yYp��t��+� li` . , { �$ �, 9} ��!M Z trrr � � t �ri'!.,f } ��'S�v.:0 1 14 'S� s• 'SMf;; b ),A.Mit*. Tails.12 .,rl t:`r 1441,: N:•4.,:/,, ........ . i.." ..ot:' �G�hL a �J,� .�.�. . dao r �1 (Submit this page for each DBE subcontractor.) O-A-KJFlorida, Inc.d.b,a, Name of bidder's firm: Owen-Ames-Kimball Qompany Address: 41941 Fairway Lakes Drive City: Fort Myers State:FL Zip: 33913 Name of DBE firm: M , S', S . Tr C- Address: P. O+ t. ,?< 7 35 City: to , r1", rn e r-5 State:/ z. _Zip: 3 3 4 / Telephone: a.3 q.- 9 95 -- 3 aoC Description of work to be performed by DBE firm: jE'_� V �L2 'c r- oJic,tef The bidder,is committed to utilizing the above' -rned firm for the work described above_ The estimated dollar value of this work is $ iri ' • Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estirrlated dollar value as stated above, By `1 �//- Y�.w enc � Pre -i— (Signatuie) (Title) if the bidder does riot receive award of the prime contract,any and all representations in this Letter of Intent and Affirmation shall be null and void. 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE)Utilization LETTER OF INTENT FORM 2 (Submit this page for each DBE subcontractor.) Name of bidder's firm:_ , ; r' ,O,e ) Address: f f` 4/ z er, r0 44 - City: j2-r-r- Y State Zip: = 1$ Name of DBE firm: kX 1 5 i RID fE t\K-A NGi l k)C Address:31/35 (vc !L 1:)g. City:, C0 rrPr .s State: FL Zip:$//37 Telephone: 23g '9 Y,g 1/b Description of work to be performed by DBE firm: E40‘5i 0/13 eod.JT' L.. The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is$ !Sze. Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. B Lim., / (S nat.?e) • (Title) If the bidder does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. 16 G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) GOOD FAITH EFFORTS FORM 3 Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure disadvantaged, minority/women-owned and/or businesses as subcontractors/sub- consultants/suppliers. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. Fulfillment of the "good faith effort" can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting disadvantaged/minority/women- owned firms to determine with certainty whether these firms are interested. 3. Efforts made to select portions of the work proposed to be performed by disadvantaged/minority/women-owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Documenting each disadvantaged/minority/woman-owned firm contacted the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the disadvantaged/minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal agencies, small businesses, disadvantaged/minority/women business assistance offices and other organizations that provide assistance and placement of disadvantaged/minority/woman-owned businesses. Company Name: 0-A-K/Florida. Inc. d.b.a. Owen-Ames-Kimball Company Printed Name: David J. Dale Title: Prsid t Signed: 1 ..,' 9 � Date: 05-19.1' r- 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (MNVBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant 0-A-K/Florida, Inc. d.b.a. Owen-Ames-Kimball Company Address/Phone Number 11941 Fairway Lakes Drive. Fort Myers, FL 33913/239-561-4141 Procurement Number 17-7126 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# Ot-EC5 to 5 E`i`i DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME1. 0L(--e--11,-1a-n. Cit4 c&4- rr�i1- MBE(Minority) BETWEEN $1-$5 MILLION PHONE 2- GI 451 z- ` 522-te UU WBE(Women) BETWEEN $5-$10-MILLION STREET ADDRESS 3/.to cD C_mv o Sfre.ek NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP •F ov.1- v>.{(-ye.v- Ft... M9(40 MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# (05-Cl L VI' ZS DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME 16r Trcc, , trt e, MBE(Minority) BETWEEN $1-$5 MILLION PHONE 2312 (j`f 4- 41100 WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS 51-1 5 COLWvb-'-( Lc l(.4s.f)r NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP -Or.{- a l.c“.0-s , PL ?A 1O5 —1 MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 0 4-3 t G .31 • DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME E.F. Carnes 5'U.ritji ryv, MBE(Minority) BETWEEN $1-$5 MILLION PHONE 2Y1 WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS Z')5 [La-vnnes.� Viv-10 NON-DBE BETWEEN $10 $15 MILLION CITY,STATE,ZIP F4- I--lc.e4'5 , PL. 339 0-7 MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# l'9`5^ Moll`(51 DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME l<CA65 --teW1ro C='rvae.tsr . MBE(Minority) BETWEEN $1 -$5 MILLION PHONE it-9'l &- 31(t, U WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS Z $5 C�VLcLi l Dr- _ NON-DBE _ BETWEEN $10-$15 MIILION CITY,STATE,ZIP 1�7,prh(•t-LL,43.p v s`r-c.1 S FL_ 341341 MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 41-4l3 2-9 (0,3 DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME ('}r) - --}rets MBE(Minority) BETWEEN $1 -$5 MILLION PHONE <2 4 t- 1 to tr,-.\415t1 l� WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS V2.L1:(ck S W St(14 v{, S-(},I NON-DBE _ BETWEEN $10-$15 MILLION_ CITY,STATE,ZIP t_.(A e, 5 va..c., FL- 341-(a9 MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 54,- 2411 'I' DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MSS Tru-t?,Linton MBE(Minority, BETWEEN $1-$5 MIILION PHONE Z. -`1.`15-=6too WBE(Women, BETWEEN $5-$10 MILLION STREET ADDRESS 'PC boX Li'i35 NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP N.F;• &th4.rs,C t. 3391 g MORE THAN$15 MILLION YEAR FIRM EST. 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant 0-A-K/Florida, Inc. d.b.a. Owen-Ames-Kimball Company Address/Phone Number 11941 Fairway Lakes Drive. Fort Myers, FL 33913/239-561-4141 Procurement Number 17-7126 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# I4o5—05c{'`a 411 DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME aC',1=. S'PxtlfCe-S MBE(Minority) BETWEEN $1-$5 MILLION PHONE 1.'Vt-512.-1(10 S(L, WBE(Women) BETWEEN $5-$10MILLION STREET ADDRESS Otott Sari\E-ex_TAyloctra.lbtvd Pr NON-DBE _- BETWEEN $10-$15MIILION CITY,STATE,ZIP Ca.04.- Cd ra.L. F•L 'n6141‘ MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MILLION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MILLION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS. NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) - LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MILLION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. — FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MILLION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MILLION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS NON-DBE BETWEEN $10-$15 MILLION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. , ®pan 16 G7 —. eet IO4411 W lom via Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 Bateman Contracting 3260 Cargo St. Ft. Myers, FL. 33916 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5/18 Dear Prospective Bidder: Owen,Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT, demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises(DBE)and Woman and Minority Owned Business Enterprises (W/MBE)to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdailey@oakfl.com To qualify as a minority-, disadvantaged-,or a women-owned business enterprise,you must be certified by the State of Florida.Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12,2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have any questions, please contact our office. Sincerely, Shan Gear Project Manager Owen-Ames-Kimball Company • Building Since 1891 Owens 16G7 kti #1111 � all FS Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 Big Tree 5176 Country Lakes Dr Ft. Myers, FL 33906 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5118 Dear Prospective Bidder: Owen, Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT, demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises (DBE) and Woman and Minority Owned Business Enterprises (W/MBE)to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdailey(u(?oakfl.com To qualify as a minority-, disadvantaged-,or a women-owned business enterprise,you must be certified by the State of Florida.Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12, 2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have ' any questions, please contact our office. Sincerely, Shan Gear . Project Manager Owen-Ames-Kimball Company Building Since 1891 IE2sgaoa11 Ito 4 PP Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 E.F. Gaines Surveying Services 5235 Ramsey Way Ste. 10 Ft. myers, FL 33907 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5/18 Dear Prospective Bidder: Owen, Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT, demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises (DBE) and Woman and Minority Owned Business Enterprises (W/MBE) to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdailey@oakfl.com To qualify as a minority-, disadvantaged-,or a women-owned business enterprise,you must be certified by the State of Florida.Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12, 2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have any questions, please contact our office. Sincerely, Shan Gaar Project Manager Owen-Ames-Kimball Company Building Since 1891 pen 16G7 Anl bail Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 Kates Environmental Fencing 3435 Quail Dr Bonita Springs, Fl 34134 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5/18 Dear Prospective Bidder: Owen, Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT,demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises(DBE) and Woman and Minority Owned Business Enterprises (W/MBE)to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdailey( oakfl.com To qualify as a minority-, disadvantaged-, or a women-owned business enterprise,you must be certified by the State of Florida. Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12, 2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have any questions, please contact our office. Sincerely, P. Shan Gaar • Project Manager Owen-Ames-Kimball Company Building Since 1891 MOS i L,.tat* OWe 1401. � As , 16137 Kiii„ba Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 Ongrade Contracting 12409 SW Sherri Ave. ste.101 Lake Suzy, FL. 34269 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5/18 Dear Prospective Bidder: Owen, Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT, demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises (DBE) and Woman and Minority Owned Business Enterprises (W/MBE)to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdaiiey(oakfl.corn . To qualify as a minority-,disadvantaged-, or a women-owned business enterprise,you must be certified by the State of Florida. Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12, 2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have any questions, please contact our office. Sincerely, Shan Gaar Project Manager Owen-Ames-Kimball Company Building Since 1891 °we"s 16G7 AmeKimba Owen-Ames-Kimball Company 11941 Fairway Lakes Drive,Fort Myers,FL 33913-8838 Voice 239-561-4141 • Fax 239-561-1996 Friday, May 4, 2017 MJS Trucking LLC PO Box 4735 North Fort Myers, Fl 33917 Re: IMMOKALEE REGIONAL AIRPORT,TAXIWAY B REHABILITATION-BIDS DUE 5/18 - Dear Prospective Bidder: Owen, Ames, Kimball Company as General Contractor solicits subcontractor bids for your scope of work for IMMOKALEE REGIONAL AIRPORT, TAXIWAY B REHABILITATION. Bids will be received at the office of Owen-Ames-Kimball Company, 11941 Fairway Lakes Drive, Ft. Myers, FL 33913, by regular or express mail, e-mail or in person, no later than 5 PM on May 18, 2017. Scopes of work may include, but not be limited to; erosion control, MOT, demolition, earthwork, milling &asphalt pavement, seed, sod, pavement marking, fencing, surveying and material testing. Owen, Ames, Kimball Company strongly encourages qualified Disadvantaged Business Enterprises (DBE) and Woman and Minority Owned Business Enterprises (W/MBE) to respond to this solicitation. Bid documents are available and may be obtained on CD or by e-mail by contacting Robin Dailey at 239-561-4141 or e-mailing rdailey(a7oakfl.com To qualify as a minority-, disadvantaged-,or a women-owned business enterprise,you must be certified by the State of Florida.Please provide necessary DBE certifications with your bid. Kindly notify our office by May 12, 2017 if you will be submitting a bid. All bids must be received by our office in written form no later than 5 PM on May 18, 2017. If you have any questions, please contact our office. Sincerely, Shan Gaar Project Manager Owen-Ames-Kimball Company • Building Since 1891 16G7 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. David J. Dale IMM Taxiway B Rehabilitation Construction Name Project Name President 17-7126 Title Project Number 0-A-K/Florida, Inc.d.b.a. Owen-Ames-Kimball Company 59-2190605 Firm Tax ID Number 032603284 DUNS Number 11941 Fairway L es Orly", F•- Myers, FL. 33913 Street-A.dre , qty, a ,Zip 03/04/2013-(2) 1 16G7 T COLLIER COUNTY Certification Regarding Lobbying O-A-K/Florida, Inc. d.b.a. The undersigned Owen-Ames-Kimball Company (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 1 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] 0-A-K/Florida, Inc.d.b.a. The Vendor/Contractor, Owen-Ames-Kimball Company , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. I_. .• •. - / Name of Authorized Official President Title Alloff /, Signature of Vendor/Contractor's Authorized Official 05-19-17 -' Date 02/15 R3 16G7 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). 0-A-K/Flori•a, Inc. d.b.a. Vendor/Contractor Name----ow, Am- -/' ball Company Date 05-19-17 Authorized Signature / , g � David J. Dale, President 7 Address 11941 Fairway Lakes Drive, Fort Myers, FL 33913 Solicitation/Contract# 17-7126 02/15 R3 16G7 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with O-A-K/Florida, Inc. d.b.a. Owen-Ames-Kimball Company ("Contractor") of 11941 Fairway Lakes Drive, Fort Myers, Florida, 33913, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with IMM Taxiway B Rehabilitation Construction, Bid No. 17-7126 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes Engineering, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Nine Hundred Seventy-One Thousand Thirteen Dollars and Seventy-Four Cents ($971,013.74) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 25 9 Construction Services Agreement:Revised 02132017 16 G7 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 One Hundred Twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two Hundred Dollars ($1,200.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 26 Construction Services Agreement: Revised 02132017 16G 7 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 17-7126 IMM Taxiway B Rehabilitation Construction. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 27 7,7 Construction Services Agreement:Revised 02132017 16G7 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 Hole Montes and identified as follows: Taxiway B Rehabilitation as shown on Plan Sheets 1 through 34 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: Board of County Commissioners Collier County Florida c/o Airport Authority 2005 Mainsail Drive Naples FL, 34114 Telephone: 239-642-7878 I Fax: 239-394-3515 Attention: Justin E. Lobb, Manager Email: JustinLobb@colliergov.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: 0-A-K/Florida, Inc. d.b.a. Owen-Ames-Kimball Company 11941 Fairway Lakes Drive, Fort Myers, FL 33913 Phone: 239-561-4141 I Fax: 239-561-1996 Attn: David J. Dale, President Email: Ddale@oakfl.com 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, 28 Construction Services Agreement:Revised 02132017 16G7 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. 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 procurement 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. 29 Construction Services Agreement: Revised 02132017 16 G7 Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary 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. 4-17 30 Construction Services Agreement: Revised 02132017 16G7 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIE-, 41,0 , FLORIDA By. JAW lac. By: // Penny Tay1•1 hairman Dated. 16- (SEAL) Attest Attest asto Chairman's signatnre:only: 0-A-K/Florida, Inc.d/b/a Owen-Ames-Kimball Company First Witness By: :ignatur- ilrypelprint witness nameT / 1 4-- M Type/print signature and titleT Second Witness Pnc-141-Y6k. 000d TType/print witness name Date App oved as t• Fo r• L alit De Meir ou 'ty Attorney Q Pn Name Item# VeG-1 Agenda CI.:210-11 Date Dat' Recd kt 11 31 Construction Se 14: g t 02132017 Deputy Clerk a 16G7 EXHIBIT A 1: PUBLIC PAYMENT BOND 1MM Taxiway B Rehabilitation Construction Bond No. 106763582 Contract No. 17-7126 KNOW ALL MEN BY THESE PRESENTS: That 0-A-K/Florida,Inc. 11941 Fairway Lakes Dr.,Ft.Myers,FL 33913 as Principal, and Travelers Casualty and Surety Company of America as Surety, located at One Tower Square,Hartford,CT 06183 (Business Address) are held and firmly bound to Z olliera(ountyaunty Commissioners of as Obligee in the sum of Nine hundred seventy mit thousand thirteen dollars and 74/100 ($971,013.74 ) 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 day of 2017, with Obligee for IMM Taxiway B Reconstruction,Bid No. 17-7126 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 21st day of August 2017. the name of each party being affixed and these presents duly signed by its under-signed representative. pursuant to authority of its governing body. 32 Construction Services Agreement.Revised 02132017 16 G7 Signed. sealed and delivered in the presence of PRINCIPAL 0-A-K/Florida,Inc. i �, / . Lal .. iti. a BY: R ne,ses as to P .nc':al NAM : -7.24=1111 ►: At- a IT it = STATE OF Fl- COUNTY OF L The foregoing instrument was acknowledged before me this day of H t, L,t Jt 20 11, by ' v iC1 J D%kle, as Pie`..a i.C1C CII- of L; .:0-)-Orx -kl-Amt.. .1\ Cc>. . a Acr+cam corporation, on behalf of the corporation Hetshe is per ly_known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: I ti1CkA — = ..,6 °.x� (Signature of Nofary) MCKENZIE WOODS tiaFY Pit ¢ r i . votary Puul c•Stan 40F�lorida NAME: i , )C-1- 1 C- �: zxIs /: �...v,J° `- Commisan .r .f °E • =;9` �� My Comm EYp r s Dec 2,2019? (Legibly Printed) -e1 '`�:.Yli," Bonded it rough N::tionai Notary Assn. (AFFIX OFFICIAL SEAL) Notary Public. State of Commission No. ATTEST SURETY Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford,CT 06183 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 33 Construction Services Agreement Revised 02132017 16G7 OR Its As Attorney in act (Attach Power of Attorney) caanefittritt4.' „ Patti Zuk Witnesses (Printed Name) 2237 Wealthy St.,SE Grand Rapids,MI 49506 (Business Address) (616)942-5070 (Telephone Number) STATE OF MI COUNTY OF Kent The foregoing instrument was acknowledged before me this 21st day of August 2017, by Patti Zuk as Attorney-In-Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identification and who did (did not) take an oath. My Commission Expires )—3) _00c9o7 (Signature) Name: J4&VJ 4, /L1 Jeo (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public. State of: AJG'/`ii.a4 Commission No.: //`" CAROL BIFULCO NOTARY PUBLIC,STATE OF MICHIGAN COUNTY OF KENT MY COMMISSION EXPIRES 01-31-2022 ACTING IN THE COUNTY OF 34 Construction Services Agreement Revised 02132017 16G7 EXHIBIT A 2: PUBLIC PERFORMANCE BOND IMM Taxiway B Rehabilitation Construction Bond No. 106763582 Contract No. 17-7126 KNOW ALL MEN BY THESE PRESENTS: That O-A-K/Florida,Inc.,11941 Fairway Lakes Dr.,Ft.Myers,FL 33913 as Principal, and Travelers Casualty and Surety Company of America, as Surety, located at One Tower Square,Hartford,CT 06183 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County , as Obligee in the sum of Nine hundred seventy one thousand thirteen dollars and 74/100 ($ 971,013.74 ) 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 day of 2017, with Obligee for 1MM'1'axiway B Reconstruction,Bid No.17-712)5 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. 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 21st day of August . 2017, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body 35 Construction Services Agreement Revised 02132017 16G ? Signed, sealed and delivered presencer,"-- PRINCIPAL eNiVi BY: „Aroir" J. I 4/.11 ses as to -n cot NAME: 4111'itSctl=b S: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this G-4- day of tf-9tok•S± 2017, by ti1d ,J, OcLIC, as Pres.%cken-t of CA)Jcv -60-Nes- V---k4N-NboA 0• , a floe dock corporation. on behalf of the corporation j../she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires. C WxxiL- (Signature) Name: t\nc--Kei--)11-e-.. Li.)succAS (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: rt, Commission No.: FeCILIC29Uct..ki MCKENZIE WOODS N . otary Public- ot Flanda Commissiol '1,105SC k My Comm. :rtpl:.es Dec 2,2019 !" ' °'' Bonded through National Notary Assn. 36 Construction Services Agreement Revised 02132017 16G7 ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford,CT 06183 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR / As Attorney in F:c (Attach Power of - -orney) Patti Zuk Witnesses (Printed Name) 2237 Wealthy St.,SE Grand Rapids,MI 49506 (Business Address) (Telephone Number) STATE OF MI COUNTY OF Kent The foregoing instrument was acknowledged before me this 21st day of August • 2017. by Patti Zuk , as Attorney-In-Fact of Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identificativi and who did c id n )take an oath. My Commission Expires: f-31---c/0A3. (Signature) Name: CQ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: P.)i eh I gQ r) Commission No.: CAROL BIFULCO NOTARY PUBLIC,STATE OF MICHIGAN - COUNTY OF KENT MY COMMISSION EXPIRES 01-31-2022 ACTING IN THE COUNTY OF • 37 Construction Services Agreement Revised 02132017 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16G71 POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company I t Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1 1 Attorney-In Fact No. 231628 7 Certificate No. 0 0 0 7 1 7 0 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Patti Zuk,Alison Van Wyk,Max Van Wyk„Justin Haan.and Linda DeVries i 1 Grand Rapids Michigan of the City of ,State of g ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 1 1 1 13[h IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of December 2016 4 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company p�5U,��T n't Ir,,.y (e.`"6�'Wrk \aN i�,S.G p{"jMg4'*._ p•)''" '"°e .,ovzipp! ..F�yY/�,- k Q? �• 'FAN 77 ♦ �O„Rp.„._yam VO,.. _C,i ,, 14,1/ O wl Z `d9 ti 2'n 19 :"RFMAiED.1, .. 4.,.,m 61 ...„, �C, Z''°....4th�^t,. s'; NMtf'OnD. < fri;t►ocm% t t'�MFCt'P- O S 1 ! 1951 ��' .SEAL/ci t.SEAL); r cars. �s CONN. r, t der* SO " 9 1 :u &'M�e�;,^,"W°� fN.AN�� ols........ria �br 'aa l' .0` '�/Attt0 /4,0C1/".- State of Connecticut By: � � /' City of Hartford ss. Robert L.Raney,Senior Vice President 1 On this the 13th day of December 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t In Witness Whereof,I hereunto set my hand and official seal. W�/" `' My Commission expires the 30th day of June,2021. * Aaksp * Marie C.Tetreault.Notary Public 49i CCP 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmingtons 63Fidelitiraand Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company, P surancej Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED.that the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Vice President.any Vice President.any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is v FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing anc a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to thr power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney o-to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attestine bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 st day of August L0 7 j £nEHughesALSec tart' I pnsc,,,, g9NiY ,.. ri ,,, ye"a[ay �pM �NSu a!' 4x.. J*QTY Awes woyiN FlitYd�ya r J�• Fe a� 's �aa'`paooNq�•y p�/Qso' .,1•c� 0�14°".144.q., C B._ y�ON ~i 6 n I 19 4N �`IVCONMPOR.V." x af" ,,, `' +l /efGe�ONafF.'" 3' `a.112 0 4.•. o! I i r, : PNSTFORq; E k" n r'. o n CONY,f R- Ns 1951 SEALzei e,SEAL:'r ., o E 0 y• AS' 'i L: Md`xgwCt •�.,(' ad \>y... .••Na rt'.. 4 '�+ 1'�! .. To verify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. iir i 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16G7 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", or, the specific solicitation number and title. 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. Coverages 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 coverage1§1 required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverages 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 38 Construction Services Agreement:Revised 0213201 • 1 6 G 7 company or companies used. The decision of the County to purchase such insurance coverage, 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. 39 Construction Services Agreement:Revised 0213201 16G7 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 $1,000,000single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $2,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations 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 $2,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non- owhed/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 Ciiverage(Jones Adt)shall be maintained where applicable to the corhpletion'ofithe work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 leach occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence El Pollution $ Per Occurrence i. 01Professior5'al Liability $ per claim and in the aggregate • $1:000,b00 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 4� Construction Services Agreement:Revised 02132,70 16 G7 ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence • Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 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. B. ® 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. RLC 4/12/2017 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 OAIQ-FtrS"ri" , c. -7 Date 08/04/2017 Vendor Signature --of' Print Name ,/ David Dale, President Insurance Agency Van Wyk Risk Solutions. 41 Construction Services Agreement:Revised 021320/7 16GT1 Agent Name Patti 7uk Telephone Number 616-942-5070 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 its 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. i My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 42 Construction Services Agreement:Revised 021320174-- "- 16G7 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://purchasinq.colliergov.net/Forms/Forms/Allltems.aspx 43 Construction Services Agreement:Revised 02132017 r w 16G7 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspOl/SiteDirectory/ASD/Purchasing/Forms1/Forms/Default.aspx Change Order Form Contract*: Change*: Purchase Order*: Projectif: Contractor/Finn Name: Project Name: Project Manager Name Department: Original Contr act/Work Order Arm urn: a.kr ire!BCC Approval Date:Agenda Item# Current&CC Approved Arnpunt Last BCC Approval Date;Agenda them# Curet Contact/Of ork Order Amort SAP Contract Expiration Date(Mester) Dolbr Arrcurit of this Change 001V/0! Total Change from Cr igirial Amoint Revised C ontractW ion,:Order Total ai 0.00 #O ! Change from Current BCC ApprovadiArrichmit Cu mule ti C ha rages 3 0.00 IV/01. Change frorn Current Arncemat Completion Date,Description of the Task(s)Change and Rationale for the Change Notice to Procee OriginalLast Approved Revised Date Date Completion Dat= Date ',Mutes rts dirge) rif of Days Added Select Tasks la Add new task(s) (3-Delete test(s) ID1 Change testis) 13,Other(see beciva Provide a response to the following:1„)detailed and specific explaretiontrationale of the requested change(s)to the fask(s)and f or the additional days added(if requested);2.)why this change was not included in the original contract;and,3.)describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Coritrtor if naked. Prepared by: Date: (Project Mower Name and Department) Acceptance of this Change Older shall constitute a modification to contract work order entified41above arid wit te subject to all Ile same terms and cOlViiti/rS as coMairied in the contract I iivorkorder indicated andre,as ftif(yas if the same were slated ira the acceptance. The adjustment,if any,to the Contract shall consterte a full and final settlement of any and all claims of the Contactor/Vendor'CODS ditami Design Professional arising oact of or reefed to the change set forth herein,including claims for impact and delay costs. Accepted by: Darte: (Contractor/Vendor I Consultant)Design Professional arid Named Firm,if project applicable) Approved by: Date: (Design Profess ional and Name of Firm,if project applicable) Approved by: Date, (Procurement Professional reit n!„.k-aw-a s g1371e,S Iial on titnt, mon: 44 Construction Services Agreement:Revised 02132017 16 G7 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. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 45 Construction Services Agreement:Revised 02132017 .4 16G7 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 46 Construction Services Agreement:Revised 02132017 w 16t.-2 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) 47 Construction Services Agreement:Revised 02132017 C� \ 16G7 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 conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 48 Construction Services Agreement:Revised 02132017 16G7 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 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 49 Construction Services Agreement:Revised 02132017 16G7 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 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 accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 50 Construction Services Agreement:Revised 02132017 16G7 4.5 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 procurement 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 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 51 Construction Services Agreement:Revised 02132017 16 G7 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. 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 of 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 Procurement Services Division 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 52 Construction Services Agreement: Revised 02132017 16137 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, 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 53 Construction Services Agreement: Revised 02132017 16G7 shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, 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 54 Construction Services Agreement:Revised 02132017 16G7 Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 55 Construction Services Agreement:Revised 02132017 16 G7 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time 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 56 Construction Services Agreement:Revised 02132017 16G7 duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such 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 procurement 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. 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 57 Construction Services Agreement:Revised 02132017 16 G7 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. 13.1 To the maximum extent permitted by Florida law, Contractor shall defend, 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, any statutory or regulatory violations, 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. 58 Construction Services Agreement:Revised 02132017 16 G7 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 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 59 Construction Services Agreement: Revised 02132017 16G7 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 Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work 60 Construction Services Agreement:Revised 02132017 16 G7 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 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 61 Construction Services Agreement: Revised 02132017 16 G7 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 (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. 62 Construction Services Agreement:Revised 02132017 16G7 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 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 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 material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new 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 63 Construction Services Agreement:Revised 02132017 16 G7 be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written 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. 64 Construction Services Agreement: Revised 02132017 16 G7 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 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, 65 0 Construction Services Agreement: Revised 02132017 16G7 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. 25. PROTECTION OF WORK. 25.1 '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. 66 Construction Services Agreement:Revised 02132017 vic) 16G7 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. 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. 67 el Construction Services Agreement:Revised 02132017 16G7 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; 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 68 1 Construction Services Agreement:Revised 02132017 16 G7 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of 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 Procurement Services Division, and is available 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 69 Construction Services Agreement:Revised 02132017 16G7 ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor 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 70 Construction Services Agreement: Revised 02132017 16 G7 by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, 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. Further, Contractor shall 71 Construction Services Agreement:Revised 02132017 16G7 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 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 72 Construction Services Agreement: Revised 02132017 16137 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. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS q(�collieraov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 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. 73 Construction Services Agreement: Revised 02132017 16G7 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, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials and petroleum products. 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 Contractor with full decision-making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee 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. 74 Construction Services Agreement: Revised 02132017 16G7 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 17-7126 Exhibit I - Supplemental Terms and Conditions - FAA General Provisions, Federal Requirements, Special Provisions 75 Construction Services Agreement:Revised 02132017 16G7 GENERAL PROVISIONS 16G7 GENERAL PROVISIONS The following sections contain the General Provisions. Federal Aviation Administration Standard Specifications for specifying of airports as found in FAA Advisory Circular 150/5370-1OG to be utilized on this project. The contractor is to note the modifications made to the FAA general provisions. These modifications appear in two forms: Strikes Language shown in this manner is to be ignored and is not applicable to the work. Italics: Language shown in this manner is additional language, which is relevant to, and is part of the contract documents specific to this project. Part 1 —General Provisions Section 10 Definition of Terms 1-4 Section 20 Proposal Requirements and Conditions 5-8 Section 30 Award and Execution of Contract 9-10 Section 40 Scope of Work 11-14 Section 50 Control of Work 15-20 Section 60 Control of Materials 21-24 Section 70 Legal Regulations and Responsibility to Public 25-30 Section 80 Execution and Progress 31-36 Section 90 Measurement and Payment 37-44 Section 100 Contractor Quality Control Program 45-50 Section 105 Mobilization 51-52 Section 110 Method of Estimating Percentage of Material Within Specification Limits(PWL)53-58 16 G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Part 1 — General Provisions Section 10 Definition of Terms Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern,the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials,the successor association to AASHO. 10-02 Access road.The right-of-way,the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 Advertisement.A public announcement,as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Improvement Program(AIP).A grant-in-aid program, administered by the Federal Aviation Administration(FAA). 10-05 Air operations area(AOA). For the purpose of these specifications,the term air operations area (AOA)shall mean any area of the airport used or intended to be used for the landing,takeoff,or surface maneuvering of aircraft.An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway,or apron. 10-06 Airport.Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM International(ASTM).Formerly known as the American Society for Testing and Materials(ASTM). 10-08 Award. The Owner's notice to the successful bidder of the acceptance of the submitted bid. 10-09 Bidder.Any individual,partnership,firm, or corporation, acting directly or through a duly authorized representative,who submits a proposal for the work contemplated. 10-10 Building area. An area on the airport to be used, considered,or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 Calendar day. Every day shown on the calendar. 10-12 Change order. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment,if any, for the work affected by such changes. The work,covered by a change order,must be within the scope of the contract. 10-13 Contract.The written agreement covering the work to be performed. The awarded contract shall include,but is not limited to:Advertisement,Contract Form, Proposal,Performance Bond,Payment Bond, any required insurance certificates, Specifications,Plans, and any addenda issued to bidders. 10-14 Contract item (pay item).A specific unit of work for which a price is provided in the contract. 10-15 Contract time.The number of calendar days or working days, stated in the proposal,allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated GENERAL PROVISIONS GP-1 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B in the proposal,in lieu of a number of calendar or working days,the contract shall be completed by that date. 10-16 Contractor.The individual,partnership,firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 Contractor's laboratory. The Contractor's quality control organization in accordance with the Contractor Quality Control Program. 10-18 Construction Safety and Phasing Plan(CSPP). The overall plan for safety and phasing of a construction project developed by the airport operator,or developed by the airport operator's consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications. 10-19 Drainage system. The system of pipes, ditches,and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-20 Engineer. The individual,partnership,firm, or corporation duly authorized by the Owner to be responsible for engineering observation and acceptance of the contract work and acting directly or through an authorized representative. 10-21 Equipment.All machinery,together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-22 Extra work.An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement,but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-23 FAA.The Federal Aviation Administration of the U.S.Department of Transportation. When used to designate a person,FAA shall mean the Administrator or his or her duly authorized representative. 10-24 Federal specifications.The Federal Specifications and Standards, Commercial Item Descriptions, and supplements,amendments,and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-25 Force account.Force account work is planning, engineering,or construction work done by the Sponsor's employees. 10-26 Inspector.An authorized representative of the Engineer assigned to make all necessary inspections, observations and/or tests of the work performed or being performed,or of the materials furnished or being furnished by the Contractor. 10-27 Intention of terms.Whenever, in these specifications or on the plans,the words"directed," "required,""permitted,""ordered,""designated,""prescribed,"or words of like import are used, it shall be understood that the direction,requirement,permission,order, designation, or prescription of the Engineer is intended; and similarly,the words"approved,""acceptable,""satisfactory,"or words of like import, shall mean approved by,or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-28 Laboratory.The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. Also referred to as"Engineer's Laboratory"or"quality assurance laboratory." GP_2 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 10-29 Lighting.A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals,markers, floodlights,and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at,taking off from,or taxiing on the airport surface. 10-30 Major and minor contract items.A major contract item shall be any item that is listed in the proposal,the total cost of which is equal to or greater than 20%of the total amount of the award contract. All other items shall be considered minor contract items. 10-31 Materials.Any substance specified for use in the construction of the contract work. 10-32 Notice to Proceed(NTP).A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable,the Notice to Proceed shall state the date on which the contract time begins. 10-33 Owner. The term"Owner"shall mean the party of the first part or the contracting agency signatory to the contract. Where the term"Owner"is capitalized in this document,it shall mean airport Sponsor only. 10-34 Passenger Facility Charge(PFC). Per 14 CFR Part 158 and 49 USC §40117,a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls." 10-35 Pavement. The combined surface course,base course,and subbase course, if any, considered as a single unit. 10-36 Payment bond.The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-37 Performance bond.The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-38 Plans. The official drawings or exact reproductions which show the location, character,dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-39 Project.The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-40 Proposal. The written offer of the bidder(when submitted on the approved proposal form)to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-41 Proposal guaranty.The security furnished with a proposal to guarantee that the bidder will enter into a contract if his or her proposal is accepted by the Owner. 10-42 Runway. The area on the airport prepared for the landing and takeoff of aircraft. 10-43 Specifications.A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-44 Sponsor.A Sponsor is defined in 49 USC §47102(24)as a public agency that submits to the FAA for an AIP grant;or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport. 10-45 Structures.Airport facilities such as bridges;culverts; catch basins, inlets,retaining walls, cribbing; storm and sanitary sewer lines; water lines;underdrains; electrical ducts,manholes,handholes, GENERAL PROVISIONS GP-3 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B lighting fixtures and bases;transformers; flexible and rigid pavements;navigational aids;buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-46 Subgrade. The soil that forms the pavement foundation. 10-47 Superintendent.The Contractor's executive representative who is present on the work during progress,authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-48 Supplemental agreement.A written agreement between the Contractor and the Owner covering (1)work that would increase or decrease the total amount of the awarded contract,or any major contract item,by more than 25%, such increased or decreased work being within the scope of the originally awarded contract; or(2)work that is not within the scope of the originally awarded contract. 10-49 Surety. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-50 Taxiway. For the purpose of this document,the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas,and terminal areas. 10-51 Work.The furnishing of all labor,materials,tools, equipment,and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract,plans, and specifications. 10-52 Working day.A working day shall be any day other than a legal holiday, Saturday,or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six(6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days. END OF SECTION 10 GP-4 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) .11.11 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 20 Proposal Requirements and Conditions 20-01 Advertisement(Notice to Bidders). 20-02 Qualification of bidders.Each bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such evidence of financial responsibility,unless otherwise specified,shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the bidder's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports,the bidder shall further certify whether his or her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed,the bidder shall qualify the public accountant's statement or report to reflect the bidder's true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified,a bidder may submit evidence that he or she is prequalified with the State Highway Division and is on the current"bidder's list"of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. Each bidder shall submit"evidence of competency"and"evidence of financial responsibility"to the Owner at the time of bid opening. 20-03 Contents of proposal forms.The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans,specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 Issuance of proposal forms.The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a.Failure to comply with any prequalification regulations of the Owner,if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b.Failure to pay, or satisfactorily settle,all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c.Documented record of Contractor default under previous contracts with the Owner. d.Documented record of unsatisfactory work on previous contracts with the Owner. 20-05 Interpretation of estimated proposal quantities.An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract.The Owner does not expressly,or by implication,agree that the actual quantities involved will correspond exactly therewith;nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. GENERAL PROVISIONS GP-5 Reference:AC 150/5370-1OG (7/21/2014) • 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 20-06 Examination of plans,specifications,and site. The bidder is expected to carefully examine the site of the proposed work,the proposal,plans, specifications, and contract forms. Bidders shall satisfy themselves as to the character, quality,and quantities of work to be performed,materials to be furnished, and as to the requirements of the proposed contract.The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract,plans,and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information,whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which the bidder may make or obtain from his or her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 Preparation of proposal.The bidder shall submit his or her proposal on the forms furnished by the Owner.All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price(written in ink or typed)both in words and numerals for which they propose to do for each pay item furnished in the proposal. In case of conflict between words and numerals,the words, unless obviously incorrect, shall govern. The bidder shall sign the proposal correctly and in ink. If the proposal is made by an individual,his or her name and post office address must be shown. If made by a partnership,the name and post office address of each member of the partnership must be shown. If made by a corporation,the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name,titles,and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his or her authority to do so and that the signature is binding upon the firm or corporation. 20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Sponsor's invitation for bid. It is the Sponsor's responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept. A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 49 CFR § 18.36(b)(8).This includes such matters as Contractor integrity, compliance with public policy,record of past performance, and financial and technical resources. 20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions,conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c.If the proposal does not contain a unit price for each pay item listed in the proposal,except in the case of authorized alternate pay items,for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. GP-6 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10.2017 SUBMITTAL REHABILITATION OF TAXIWAY B 20-10 Bid guarantee.Each separate proposal shall be accompanied by a certified check,or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-11 Delivery of proposal.Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport,and name and business address of the bidder on the outside. When sent by mail,preferably registered,the sealed proposal,marked as indicated above, should be enclosed in an additional envelope.No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-12 Withdrawal or revision of proposals.A bidder may withdraw or revise(by withdrawal of one proposal and submission of another)a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by email before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-13 Public opening of proposals.Proposals shall be opened, and read,publicly at the time and place specified in the advertisement. Bidders,their authorized agents,and other interested persons are invited to attend. Proposals that have been withdrawn(by written or telegraphic request)or received after the time specified for opening bids shall be returned to the bidder unopened. 20-14 Disqualification of bidders.A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b.Evidence of collusion among bidders.Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in"default"for any reason specified in the subsection 20-04 titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 GENERAL PROVISIONS GP-7 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank GP-8 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 30 Award and Execution of Contract 30-01 Consideration of proposals.After the proposals are publicly opened and read,they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers,the unit price written in words shall govern. Until the award of a contract is made,the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection 20-09 titled IRREGULAR PROPOSALS of Section 20. b.If the bidder is disqualified for any of the reasons specified in the subsection 20-14 titled DISQUALIFICATION OF BIDDERS of Section 20. In addition,until the award of a contract is made,the Owner reserves the right to reject any or all proposals,waive technicalities,if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise.All such actions shall promote the Owner's best interests. 30-02 Award of contract.The award of a contract, if it is to be awarded,shall be made within 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest,qualified bidder whose proposal conforms to the cited requirements of the Owner. For AIP contracts,unless otherwise specified in this subsection,no award shall be made until the FAA has concurred in the Owner's recommendation to make such award and has approved the Owner's proposed contract to the extent that such concurrence and approval are required by 49 CFR Part 18. 30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the bidder,except return of proposal guaranty,at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 30-07 titled APPROVAL OF CONTRACT of this section. 30-04 Return of proposal guaranty.All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 30-01 titled CONSIDERATION OF PROPOSALS of this section.Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made,at which time,the unsuccessful bidder's proposal guaranty will be returned.The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 Requirements of contract bonds.At the time of the execution of the contract,the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection,the surety bond or bonds shall be in a sum equal to the full amount of the contract. GENERAL PROVISIONS GP-9 Reference:AC 150/5370-1OG (7/21/2014) 16G7 4 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 30-06 Execution of contract. The successful bidder shall sign(execute)the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section,within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. 30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder,the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor.Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 Failure to execute contract.Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection 30-06 titled EXECUTION OF CONTRACT of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty,not as a penalty,but as liquidation of damages to the Owner. END OF SECTION 30 GP-10 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 40 Scope of Work 40-01 Intent of contract. The intent of the contract is to provide for construction and completion,in every detail,of the work described.It is further intended that the Contractor shall furnish all labor, materials, equipment,tools,transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 Alteration of work and quantities. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein,the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25%(total cost being based on the unit prices and estimated quantities in the awarded contract).Alterations that do not exceed the 25%limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract.These alterations that are for work within the general scope of the contract shall be covered by"Change Orders"issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion,such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25%limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement,the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. Supplemental agreements shall be approved by the FAA and shall include all applicable Federal contract provisions for procurement and contracting required under AIP. Supplemental agreements shall also require consent of the Contractor's surety and separate performance and payment bonds. 40-03 Omitted items.The Engineer may, in the Owner's best interest,omit from the work any contract item,except major contract items.Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non-performed,the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements,the same shall be called"Extra Work."Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion,is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest,the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. Extra Work that is necessary for acceptable completion of the project,but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10. GENERAL PROVISIONS GP-11 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Any claim for payment of Extra Work that is not covered by written agreement(change order or supplemental agreement)shall be rejected by the Owner. 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft,as well as the Contractor's equipment and personnel, is the most important consideration. a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas(AOAs)of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals(including power supplies thereto)used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection 70-15 titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. b. With respect to his or her own operations and the operations of all subcontractors,the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment,vehicles, storage areas,and any work area or condition that may be hazardous to the operation of aircraft, fire- rescue equipment,or maintenance vehicles at the airport. c. When the contract requires the maintenance of vehicular traffic on an existing road, street,or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications,the Contractor shall keep such road,street,or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic.The Contractor shall be responsible for the repair of any damage caused by the Contractor's equipment and personnel. The Contractor shall furnish,erect,and maintain barricades,warning signs,flag person,and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices(MUTCD) (http://mutcd.fhwa.dot.gov/),unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein,the Contractor will not be required to furnish snow removal for such existing road, street, or highway. 40-06 Removal of existing structures.All existing structures encountered within the established lines, grades,or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place,reused in the work or to remain in place.The cost of removing such existing structures shall not be measured or paid for directly,but shall be included in the various contract items. Should the Contractor encounter an existing structure(above or below ground) in the work for which the disposition is not indicated on the plans,the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection 40-07 titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines,grades,or grading sections established for completion of the work)shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work. 40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material such as(but not restricted to) sand, stone,gravel, slag, or concrete slabs within the established lines, grades,or grading sections,the use of which is intended by the terms of the contract to be either embankment or waste,the Contractor may at his or her option either: GP-12 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B a.Use such material in another contract item,providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site,upon written approval of the Engineer; or c.Use such material for the Contractor's own temporary construction on site; or, d.Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c.,the Contractor shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b.,or c.,the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace,at his or her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment,backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a.,the Contractor shall be paid,at the applicable contract price,for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his or her exercise of option a.,b., or c. The Contractor shall not excavate;remove, or otherwise disturb any material,structure, or part of a structure which is located outside the lines,grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract,plans, or specifications. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made,the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials,rubbish,temporary structures,and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. END OF SECTION 40 GENERAL PROVISIONS GP-13 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank GP-14 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 50 Control of Work 50-01 Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished,work performed,and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 Conformity with plans and specifications.All work and all materials furnished shall be in reasonably close conformity with the lines,grades,grading sections, cross-sections, dimensions,material requirements, and testing requirements that are specified(including specified tolerances)in the contract, plans or specifications. If the Engineer finds the materials furnished,work performed,or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his or her opinion,result in a finished product having a level of safety,economy, durability,and workmanship acceptable to the Owner,the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place. In this event,the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer's opinion,needed. Changes in the contract price shall be covered by contract change order or supplemental agreement as applicable. If the Engineer finds the materials furnished,work performed,or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product,the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection,the term"reasonably close conformity"shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans,and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract,plans,and specifications during the Contractor's execution of the work,when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection,the term"reasonably close conformity"is also intended to provide the Engineer with the authority, after consultation with the FAA,to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity,but will provide a finished product equal to or better than that intended by the requirements of the contract,plans and specifications. The Engineer will not be responsible for the Contractor's means,methods,techniques, sequences,or procedures of construction or the safety precautions incident thereto. 50-03 Coordination of contract,plans,and specifications.The contract,plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions,plans, cited GENERAL PROVISIONS GP-15 Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B standards for materials or testing, and cited advisory circulars(ACs); contract general provisions shall govern over plans,cited standards for materials or testing,and cited ACs;plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications,the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods,the Contractor shall immediately ask the Engineer for an interpretation and decision,and such decision shall be final. LIST OF SPECIAL PROVISIONS Special Provision No. 1—Construction Safety and Phasing Plan. 50-04 Cooperation of Contractor.The Contractor will be supplied with five copies each of the plans and specifications. The Contractor shall have available on the work at all times one copy each of the plans and specifications.Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof,and shall cooperate with the Engineer and his or her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his or her agent on the work.The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his or her authorized representative. 50-05 Cooperation between contractors.The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability,financial or otherwise, in connection with his or her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his or her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 Construction layout and stakes. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either their own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or their employees,resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines,grades and measurements from the control points necessary for the proper execution and control of the work contracted for under these specifications. The Contractor must give copies of survey notes to the Engineer for each area of construction and for each placement of material as specified to allow the Engineer to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. All GP-16 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B surveys must be provided to the Engineer prior to commencing work items that will cover or disturb the survey staking as set by the Contractor's surveyor. Survey(s)and notes shall be provided in the following format(s): XML file format.In the case of error, on the part of the Contractor,their surveyor,employees or subcontractors,resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans,the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner. No direct payment will be made,unless otherwise specified in contract documents, for this labor, materials, or other expenses.The cost shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to: a.Clearing and Grubbing perimeter staking b.Rough Grade slope stakes at 100-foot(30-m)stations c.Drainage Swales slope stakes and flow line blue tops at 50-foot(15-m) stations Subgrade blue tops at 25-foot(7.5-m) stations and 25-foot(7.5-m) offset distance(maximum)for the following section locations: a.Runway—minimum five (5)per station b. Taxiways—minimum three(3)per station c. Holding apron areas—minimum three(3)per station d.Roadways—minimum three(3)per station Base Course blue tops at 25-foot(7.5-m) stations and 25-foot(7.5-m)offset distance(maximum)for the following section locations: a.Runway—minimum five(5)per station b.Taxiways—minimum three(3)per station c.Holding apron areas—minimum three(3)per station Pavement areas: a.Edge of Pavement hubs and tacks(for stringline by Contractor)at 100-foot(30-m)stations. b.Between Lifts at 25-foot(7.5-m)stations for the following section locations: (1)Runways—each paving lane width (2)Taxiways—each paving lane width (3)Holding areas—each paving lane width c.After finish paving operations at 50-foot(15-m) stations: (1)All paved areas—Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50-foot(15-m) stations and at all break points with maximum of 50-foot(15-m)offsets. e.Fence lines at 100-foot(30-m) stations minimum. f. Electrical and Communications System locations, lines and grades including but not limited to duct runs,connections,fixtures, signs, lights, Visual Approach Slope Indicators(VASIs), Precision Approach Path Indicators(PAPIs),Runway End Identifier Lighting(REIL), Wind Cones,Distance Markers(signs), pull boxes and manholes. GENERAL PROVISIONS GP-17 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B g.Drain lines,cut stakes and alignment on 25-foot(7.5-m)stations,inlet and manholes. h.Painting and Striping layout(pinned with 1.5 inch PK nails)marked for paint Contractor.(All nails shall be removed after painting). i.Laser,or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet(120 m)per pass(that is,paving lane). The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. 50-07 Automatically controlled equipment.Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs,the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction,provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 Authority and duties of inspectors. Inspectors shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke,alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract,plans,or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for a decision. 50-09 Inspection of the work.All materials and each part or detail of the work shall be subject to inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it,the Contractor,at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed.After examination,the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable,the uncovering,or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work;but should the work so exposed or examined prove unacceptable,the uncovering,or removing,and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the(contract)Owner,authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract,and shall in no way interfere with the rights of the parties to this contract. 50-10 Removal of unacceptable and unauthorized work.All work that does not conform to the requirements of the contract,plans, and specifications will be considered unacceptable,unless otherwise determined acceptable by the Engineer as provided in the subsection 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. GP-18 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16 G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Unacceptable work,whether the result of poor workmanship,use of defective materials,damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection 70-14 titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been established by the Engineer. Work done contrary to the instructions of the Engineer,work done beyond the lines shown on the plans or as established by the Engineer,except as herein specified,or any extra work done without authority,will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection,the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs incurred by the Owner from any monies due or to become due the Contractor. 50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work.A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed.No loads will be permitted on a concrete pavement,base, or structure before the expiration of the curing period.The Contractor shall be responsible for all damage done by his or her hauling equipment and shall correct such damage at his or her own expense. 50-12 Maintenance during construction.The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day,with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed,the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in the subsection 50-12 titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition.The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification,the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition,depending on the exigency that exists.Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work,the occupancy of which will benefit the Owner,the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract,the Engineer may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. GENERAL PROVISIONS GP-19 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project,the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract,plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If,however,the inspection discloses any work, in whole or in part,as being unsatisfactory,the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event,the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes.If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract,plans, or specifications or previously authorized as extra work,the Contractor shall notify the Engineer in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required,then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed,the Contractor shall,within 10 calendar days,submit a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 GP-20 GENERAL PROVISIONS Reference:AC 150/5370-1 OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 60 Control of Materials 60-01 Source of supply and quality requirements. The materials used in the work shall conform to the requirements of the contract,plans, and specifications.Unless otherwise specified, such materials that are manufactured or processed shall be new(as compared to used or reprocessed). In order to expedite the inspection and testing of materials,the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option,materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products,the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition,where an FAA specification for airport lighting equipment is cited in the plans or specifications,the Contractor shall furnish such equipment that is: a.Listed in advisory circular(AC) 150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and, b.Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number. • 60-02 Samples,tests,and cited specifications. Unless otherwise designated,all materials used in the work shall be inspected,tested, and approved by the Engineer before incorporation in the work.Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and,if directed by the Engineer,shall be removed at the Contractor's expense. Unless otherwise designated,quality assurance tests in accordance with the cited standard methods of ASTM,American Association of State Highway and Transportation Officials(AASHTO),Federal Specifications, Commercial Item Descriptions,and all other cited methods, which are current on the date of advertisement for bids,will be made by and at the expense of the Engineer. The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his or her request. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection,test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at their request after review and approval of the Engineer. The Contractor shall employ a testing organization to perform all Contractor required Quality Control tests.The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests.The Engineer will determine if such persons are qualified.All the test data shall be reported to the Engineer after the results are known.A legible,handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format,on a weekly basis.After completion of the project, and prior to final payment,the Contractor shall submit a final report to the Engineer showing all test data reports,plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. GENERAL PROVISIONS GP-21 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 60-03 Certification of compliance.The Engineer may permit the use,prior to sampling and testing,of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract.The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by"brand name or equal"and the Contractor elects to furnish the specified"brand name,"the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a.Conformance to the specified performance,testing,quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an"or equal"material or assembly,the Contractor shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However,the Engineer shall be the sole judge as to whether the proposed"or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 Plant inspection.The Engineer or his or her authorized representative may inspect,at its source, any specified material or assembly to be used in the work.Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly. Should the Engineer conduct plant inspections,the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom the Engineer has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer,the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which,when retested, does not meet the requirements of the contract,plans, or specifications. 60-05 Engineer's field office. An Engineer's field office is not required. 60-06 Storage of materials.Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage,may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection.The Contractor shall coordinate the storage of all materials with the Engineer.Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and GP-22 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B unobstructed movement of aircraft. Unless otherwise shown on the plans,the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request,the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or her entire expense,except as otherwise agreed to(in writing)by the Owner or lessee of the property. 60-07 Unacceptable materials.Any material or assembly that does not conform to the requirements of the contract,plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly,the defects of which have been corrected by the Contractor,shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-08 Owner furnished materials.The Contractor shall furnish all materials required to complete the work,except those specified,if any,to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified. All costs of handling,transportation from the specified location to the site of work,storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used. After any Owner-furnished material has been delivered to the location specified,the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner-furnished material.The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner-furnished materials. END OF SECTION 60 GENERAL PROVISIONS GP-23 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank GP-24 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 70 Legal Regulations and Responsibility to Public 70-01 Laws to be observed. The Contractor shall keep fully informed of all Federal and state laws,all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority,which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work.The Contractor shall at all times observe and comply with all such laws,ordinances,regulations, orders,and decrees; and shall protect and indemnify the Owner and all his or her officers,agents,or servants against any claim or liability arising from or based on the violation of any such law, ordinance,regulation,order, or decree,whether by the Contractor or the Contractor's employees. 70-02 Permits,licenses,and taxes. The Contractor shall procure all permits and licenses,pay all charges, fees,and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices,materials,and processes. If the Contractor is required or desires to use any design,device,material, or process covered by letters of patent or copyright,the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party,or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device,material or process, or any trademark or copyright, and shall indemnify the Owner for any costs,expenses,and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-04 Restoration of surfaces disturbed by others.The Owner reserves the right to authorize the construction,reconstruction,or maintenance of any public or private utility service,FAA or National Oceanic and Atmospheric Administration(NOAA)facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction,reconstruction, or maintenance has been coordinated with the Owner, such authorized work(by others)is indicated as follows: None known. Except as listed above,the Contractor shall not permit any individual,firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct,reconstruct,or maintain such utility service or facility during the progress of the work,the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction,reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others,unless otherwise provided for in the contract,plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 Federal aid participation.For Airport Improvement Program(AIP)contracts,the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA.In consideration of the United States Government's(FAA's)agreement with the Owner,the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the USC and the Rules and Regulations of the FAA that pertain to the work. As required by the USC,the contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator,and is further subject to those provisions of the rules and regulations that are cited in the contract,plans,or specifications. GENERAL PROVISIONS GP-25 Reference:AC 150/5370-1OG (7/21/2014) 16G7 "4 3111 Hifi 81 8 I 11412! .. InL a APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B No requirement of the USC,the rules and regulations implementing the USC,or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 Sanitary,health,and safety provisions.The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his or her employees as may be necessary to comply with the requirements of the state and local Board of Health,or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state,and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary,hazardous,or dangerous to his or her health or safety. 70-07 Public convenience and safety.The Contractor shall control his or her operations and those of his or her subcontractors and all suppliers,to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his or her own operations and those of his or her subcontractors and all suppliers in accordance with the subsection 40-05 titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 Barricades,warning signs,and hazard markings. The Contractor shall furnish, erect, and maintain all barricades,warning signs,and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades,warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified,barricades,warning signs,and markings for hazards that are in the air operations area(AOAs)shall be a maximum of 18 inches (0.5 m)high. Unless otherwise specified,barricades shall be spaced not more than 4 feet(1.2 m)apart.Barricades,warning signs, and markings shall be paid for under subsection 40-05. For vehicular and pedestrian traffic,the Contractor shall furnish, erect, and maintain barricades,warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices. When the work requires closing an air operations area of the airport or portion of such area,the Contractor shall furnish,erect,and maintain temporary markings and associated lighting conforming to the requirements of advisory circular(AC) 150/5340-1, Standards for Airport Markings. The Contractor shall furnish,erect,and maintain markings and associated lighting of open trenches, excavations,temporary stock piles,and the Contractor's parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2,Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades,warning signs,and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades,warning signs,and markings for hazards until their removal is directed by the Engineer. Open-flame type lights shall not be permitted. 70-09 Use of explosives.Explosives shall not be used. Whcn the use of explosives is necessary for the execution of the work,the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of ex GP-26 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general,not closer than 1,000 feet(300 m)from the work or from any The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of his or her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet(300 m)of the airport property. 70-10 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work,resulting from any act, omission,neglect,or misconduct in manner or method of executing the work,or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission,neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor,the Contractor shall restore,at his or her own expense, such property to a condition similar or equal to that existing before such damage or injury was done,by repairing,or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner. 70-11 Responsibility for damage claims.The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers,and employees from all suits,actions, or claims, of any character,brought because of any injuries or damage received or sustained by any person,persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission,neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent,trademark, or copyright; or from any claims or amounts arising or recovered under the"Workmen's Compensation Act,"or any other law, ordinance, order,or decree.Money due the Contractor under and by virtue of his or her contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due,his or her surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner,except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance. 70-12 Third party beneficiary clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof,a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 Opening sections of the work to traffic. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such"phasing"of the work shall be specified herein and indicated on the plans. When so specified,the Contractor shall complete such portions of the work on or before the date specified or as GENERAL PROVISIONS GP-27 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B otherwise specified.The Contractor shall make his or her own estimate of the difficulties involved in arranging the work to permit such beneficial occupancy by the Owner as described below: None. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis,such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic.Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract.Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his or her expense. The Contractor shall make his or her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2 (see Special Provisions). Contractor shall refer to the approved Construction Safety Phasing Plan(CSPP)to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 Contractor's responsibility for work. Until the Engineer's final written acceptance of the entire completed work,excepting only those portions of the work accepted in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50,the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause,whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild,repair,restore,and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor,including but not restricted to acts of God such as earthquake,tidal wave,tornado,hurricane or other cataclysmic phenomenon of nature,or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever,the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures,signs,or other facilities at his or her expense.During such period of suspension of work,the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 Contractor's responsibility for utility service and facilities of others.As provided in the subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section,the Contractor shall cooperate with the Owner of any public or private utility service,FAA or NOAA,or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition,the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities. GP-Y8 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B To the extent that such public or private utility services, FAA, or NOAA facilities,or utility services of another governmental agency are known to exist within the limits of the contract work,the approximate locations have been indicated on the plans and the Owners are indicated as follows:None Known. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work.Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall,upon execution of the contract,notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 70- 04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification provided,it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility,the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion,the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work,such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two days' notice shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet(1 m)of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise,the Contractor shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service.The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident.The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor,or his or her surety. 70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 Personal liability of public officials. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract,there shall be no liability upon the Engineer,his or her authorized representatives,or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 No waiver of legal rights.Upon completion of the work,the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance,however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work,nor shall the Owner be precluded or stopped from recovering from the Contractor GENERAL PROVISIONS GP-29 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B or his or her surety, or both, such overpayment as may be sustained,or by failure on the part of the Contractor to fulfill his or her obligations under the contract.A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor,without prejudice to the terms of the contract, shall be liable to the Owner for latent defects,fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 Environmental protection. The Contractor shall comply with all Federal, state,and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes,ponds,and reservoirs with fuels,oils,bitumens,chemicals,or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 Archaeological and historical findings. Unless otherwise specified in this subsection,the Contractor is advised that the site of the work is not within any property, district,or site,and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his or her operations, any building,part of a building, structure, or object that is incongruous with its surroundings,the Contractor shall immediately cease operations in that location and notify the Engineer.The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. If appropriate,the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 GP-30 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G ? .— IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 80 Execution and Progress 80-01 Subletting of contract.The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person,by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. The Contractor shall provide copies of all subcontracts to the Engineer.The Contractor shall perform, with his organization,an amount of work equal to at least 25 percent of the total contract cost. Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner,and shall be consummated only on the written approval of the Owner. 80-02 Notice to proceed.The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event,the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin.The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-03 Execution and progress. Unless otherwise specified,the Contractor shall submit their progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed.The Contractor's progress schedule,when approved by the Engineer,may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials,equipment,and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule,the Contractor shall,upon the Engineer's request,submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials,equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason,the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 Limitation of operations.The Contractor shall control his or her operations and the operations of his or her subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas(AOA)of the airport. When the work requires the Contractor to conduct his or her operations within an AOA of the airport,the work shall be coordinated with airport operations(through the Engineer)at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS,AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis(intermittent opening and closing of the AOA),the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided.The following AOA cannot be closed to operating aircraft to permit the GENERAL PROVISIONS GP-31 Reference:AC 150/5370-1 OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: None. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction(see Special Provisions). 80-04.1 Operational safety on airport during construction.All Contractors' operations shall be conducted in accordance with the project Construction Safety and Phasing Plan(CSPP)and the provisions set forth within the current version of AC 150/5370-2. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities.The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer. 80-05 Character of workers,methods,and equipment. The Contractor shall,at all times,employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract,plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and,in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall,at the written request of the Engineer,be removed forthwith by the Contractor or subcontractor employing such person,and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper execution of the work,the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work,adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract,the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans,and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract,the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract GP-32 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B requirements. If,after trial use of the substituted methods or equipment,the Engineer determines that the work produced does not meet contract requirements,the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment.The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct.No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 Temporary suspension of the work.The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather,or such other conditions as are considered unfavorable for the execution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing,to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control,the Contractor may be reimbursed for actual money expended on the work during the period of shutdown.No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his or her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances.No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period,the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way.The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on,to,or from the airport. 80-07 Determination and extension of contract time. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control,it shall be adjusted as follows: a.CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer.The Engineer will furnish the Contractor a copy of his or her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract(the original contract time plus the number of working days,if any,that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his or her weekly statement of contract time charged on the following considerations: (1)No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six(6)hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes,lockouts,unusual delays in transportation,temporary suspension of GENERAL PROVISIONS GP-33 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2)The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3)The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. (4)The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50. (5)The Contractor will be allowed one(1)week in which to file a written protest setting forth his or her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time(stated in the proposal)is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal,the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays,and non-work days.All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work,due to causes not the fault of the Contractor, shall be excluded. At the time of final payment,the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially complete. If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the contract time as specified,or as extended in accordance with the provisions of this subsection,the Contractor may,at any time prior to the expiration of the contract time as extended,make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or her request. Requests for extension of time on calendar day projects,caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor,the Owner may extend the time for completion by a change order that adjusts the contract time or completion date.The extended time for completion shall then be in full force and effect,the same as though it were the original time for completion. 80-08 Failure to complete on time.For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time(including all extensions and adjustments as provided in the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section)the sum specified in the contract and proposal as liquidated damages will be deducted GP-34 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16 G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B from any money due or to become due the Contractor or his or her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. The maximum construction time allowed for Schedules [ ] will be the sum of the time allowed for individual schedules but not more than [ ] days is stipulated in the Construction Agreement. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended,will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 Default and termination of contract.The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a.Fails to begin the work under the contract within the time specified in the Notice to Proceed,or b.Fails to perform the work or fails to provide sufficient workers,equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c.Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d.Discontinues the execution of the work,or e.Fails to resume work which has been discontinued within a reasonable time after notice to do so,or f.Becomes insolvent or is declared bankrupt,or commits any act of bankruptcy or insolvency, or g.Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h.Makes an assignment for the benefit of creditors, or i.For any other cause whatsoever,fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason above,the Engineer shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety,within a period of 10 days after such notice, does not proceed in accordance therewith,then the Owner will,upon written notification from the Engineer of the facts of such delay, neglect,or default and the Contractor's failure to comply with such notice,have full power and authority without violating the contract,to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof,or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner,together with the cost of completing the work under contract,will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract,then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense. GENERAL PROVISIONS GP-35 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B When the contract, or any portion thereof, is terminated before completion of all items of work in the contract,payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started.No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses,(when not otherwise included in the contract)and moving equipment and materials to and from the job will be considered,the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor,be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 Work area,storage area and sequence of operations.The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport.No operating runway,taxiway, or air operations area(AOA) shall be crossed,entered,or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in such a manner as to ensure safety and a minimum of hindrance to flight operations.All Contractor equipment and material stockpiles shall be stored a minimum or 250 feet from the centerline of an active runway.No equipment will be allowed to park within the approach area of an active runway at any time.No equipment shall be within 250 feet of an active runway at any time. END OF SECTION 80 • GP-36 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G ? IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 90 Measurement and Payment 90-01 Measurement of quantities.All work completed under the contract will be measured by the Engineer, or his or her authorized representatives,using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures(or leave-outs)having an area of 9 square feet(0.8 square meters)or less. Unless otherwise specified,transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified,all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains,and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe,metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch. The term"ton"will mean the short ton consisting of 2,000 lb(907 km)avoirdupois.All materials that are measured or proportioned by weights shall be weighed on accurate,approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail,the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs,and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled,provided that the body is of such shape that the actual contents may be readily and accurately determined.All vehicles shall be loaded to at least their water level capacity,and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing,material specified to be measured by the cubic yard(cubic meter)may be weighed, and such weights will be converted to cubic yards(cubic meters)for payment purposes.Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon(liter)or ton(kg). When measured by volume,such volumes will be measured at 60°F(16°C)or will be corrected to the volume at 60°F(16°C)using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor,wasted, or otherwise not incorporated in the work. GENERAL PROVISIONS GP-37 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B When bituminous materials are shipped by truck or transport, net certified weights by volume,subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton(kg)or hundredweight(km). Timber will be measured by the thousand feet board measure(MFBM)actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term"lump sum"when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit(in effect,"lump sum"work)is specified as the unit of measurement,the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of this section. When standard manufactured items are specified such as fence,wire, plates,rolled shapes, pipe conduit, etc.,and these items are identified by gauge,unit weight, section dimensions, etc.,such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications,manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor,or be certified permanently installed commercial scales. Scales shall be accurate within 1/2%of the correct weight throughout the range of use.The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1%of the nominal rated capacity of the scale, but not less than 1 pound(454 grams). The use of spring balances will not be permitted. Beams, dials,platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound(2.3 km)weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales"overweighing"(indicating more than correct weight)will not be permitted to operate,and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1%. In the event inspection reveals the scales have been underweighing(indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying,testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection,for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. GP-38 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract,they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work,the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 Scope of payment.The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials,for performing all work under the contract in a complete and acceptable manner,and for all risk, loss,damage, or expense of whatever character arising out of the nature of the work or the execution thereof,subject to the provisions of the subsection 70-18 titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the"basis of payment"subsection of a technical specification requires that the contract price(price bid)include compensation for certain work or material essential to the item,this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract,plans, or specifications. 90-03 Compensation for altered quantities. When the accepted quantities of work vary from the quantities in the proposal,the Contractor shall accept as payment in full, so far as contract items are concerned,payment at the original contract price for the accepted quantities of work actually completed and accepted.No allowance, except as provided for in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his or her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items.As specified in the subsection 40-03 titled OMITTED ITEMS of Section 40,the Engineer shall have the right to omit from the work(order nonperformance)any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work,the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided,the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 Payment for extra work.Extra work,performed in accordance with the subsection 40-04 titled EXTRA WORK of Section 40,will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. 90-06 Partial payments.Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates,prepared by the Engineer, of the value of the work performed and materials complete and in place, in accordance with the contract,plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section.No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. GENERAL PROVISIONS GP-39 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed.A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract,the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided(at the Contractor's option)in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance 90%of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option,as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section,no such percent retainage shall be deducted. When at least 95%of the work has been completed,the Engineer shall, at the Owner's discretion and with the consent of the surety,prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost,whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions,will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full,the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs,expenses,and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 Payment for materials on hand.Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work,provided that such materials meet the requirements of the contract,plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a.The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. GP-40 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B d.The Contractor has furnished the Owner legal title(free of liens or encumbrances of any kind)to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract,plans,and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 Payment of withheld funds.At the Contractor's option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS,the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an escrow account is subject to the following conditions: a.The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b.The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. c.The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of the subsection 50-15 titled FINAL ACCEPTANCE of Section 50,the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of the Contractor's objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes(if any)in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If,after such 30-day period,a dispute still exists,the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest,the Engineer's final estimate,and after the Engineer's receipt of the project closeout documentation required in subsection 90-11 Project Closeout, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest,determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection 50- 16 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims,any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. GENERAL PROVISIONS GP-41 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B 90-10 Construction warranty. a.In addition to any other warranties in this contract,the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment,material, workmanship, or design furnished,or performed by the Contractor or any subcontractor or supplier at any tier. b.This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance,this warranty shall continue for a period of one year from the date the Owner takes possession. However,this will not relieve the Contractor from corrective items required by the final acceptance of the project work. c. The Contractor shall remedy at the Contractor's expense any failure to conform,or any defect. In addition,the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal property,when that damage is the result of: (1)The Contractor's failure to conform to contract requirements; or (2)Any defect of equipment, material,workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. e.The Owner will notify the Contractor, in writing, within seven(7)days after the discovery of any failure,defect, or damage. f.If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice,the Owner shall have the right to replace,repair, or otherwise remedy the failure,defect, or damage at the Contractor's expense. g. With respect to all warranties,express or implied, from subcontractors,manufacturers,or suppliers for work performed and materials furnished under this contract,the Contractor shall: (1)Obtain all warranties that would be given in normal commercial practice; (2)Require all warranties to be executed, in writing,for the benefit of the Owner, as directed by the Owner, and(3)Enforce all warranties for the benefit of the Owner. h.This warranty shall not limit the Owner's rights with respect to latent defects,gross mistakes,or fraud. 90-11 Project closeout.Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below.The final payment will not be approved until the Engineer approves the Contractor's final submittal. The Contractor shall: a.Provide two(2) copies of all manufacturers warranties specified for materials, equipment, and installations. b.Provide weekly payroll records(not previously received)from the general Contractor and all subcontractors. c. Complete final cleanup in accordance with subsection 40-08,FINAL CLEANUP. d. Complete all punch list items identified during the Final Inspection. e.Provide complete release of all claims for labor and material arising out of the Contract. f.Provide a certified statement signed by the subcontractors,indicating actual amounts paid to the Disadvantaged Business Enterprise(DBE) subcontractors and/or suppliers associated with the project. g. When applicable per state requirements,return copies of sales tax completion forms. GP-42 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B h. Manufacturer's certifications for all items incorporated in the work. i.All required record drawings, as-built drawings or as-constructed drawings. j. Project Operation and Maintenance(O&M)Manual. k. Security for Construction Warranty. 1. Equipment commissioning documentation submitted, if required. END OF SECTION 90 GENERAL PROVISIONS GP-43 Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank GP-44 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) IMMOKALEE REGIONAL AIR26G7 RT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Section 100 Contractor Quality Control Program 100-01 General. When the specification requires a Contractor Quality Control Program,the Contractor shall establish,provide,and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans,technical specifications and other requirements,whether manufactured by the Contractor, or procured from subcontractors or vendors.Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a.Adequately provide for the production of acceptable quality materials. b.Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c.Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present,at the preconstruction conference,their understanding of the quality control requirements.The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed and accepted by the Engineer.No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements.Acceptance testing requirements are the responsibility of the Engineer. Paving projects over$500,000 shall have a Quality Control(QC)/Quality Assurance(QA)workshop with the Engineer, Contractor, subcontractors,testing laboratories, and Owner's representative at start of construction. The workshop shall address QC and QA requirements of the project specifications. The Contractor shall coordinate with the Airport and the Engineer on time and location of the QC/QA workshop. 100-02 Description of program. a. General description.The Contractor shall establish a Quality Control Program to perform quality control inspection and testing of all items of work required by the technical specifications,including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials,workmanship,construction,finish,and functional performance.The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. b. Quality Control Program.The Contractor shall describe the Quality Control Program in a written document that shall be reviewed and approved by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review and approval at least 10 calendar days before the preconstruction meeting. The Contractor's Quality Control Plan and Quality Control testing laboratory must be approved in writing by the Engineer prior to the Notice to Proceed(NTP). The Quality Control Program shall be organized to address, as a minimum,the following items: a.Quality control organization GENERAL PROVISIONS GP-45 Reference:AC 150/5370-1OG (7/21/2014) 16 G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B b.Project progress schedule c. Submittals schedule d. Inspection requirements e. Quality control testing plan f.Documentation of quality control activities g.Requirements for corrective action when quality control and/or acceptance criteria are not met The Contractor is encouraged to add any additional elements to the Quality Control Program that is deemed necessary to adequately control all production and/or construction processes required by this contract. 100-03 Quality control organization.The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization.An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be used for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program,the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall, as a minimum, consist of the following personnel: a.Program Administrator.The Program Administrator shall be a full-time employee of the Contractor,or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of five(5)years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least one of the following requirements: (1)Professional Engineer with one(1)year of airport paving experience. (2)Engineer-in-training with two(2)years of airport paving experience. (3)An individual with three(3)years of highway and/or airport paving experience,with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies(NICET). (5)Highway materials technician certified at Level III by NICET. (6)Highway construction technician certified at Level III by NICET. (7)A NICET certified engineering technician in Civil Engineering Technology with five(5) years of highway and/or airport paving experience. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more GP-46 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B than one project provided that person can be at the job site within two(2)hours after being notified of a problem. b. Quality control technicians.A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided.These personnel shall be either Engineers, engineering technicians,or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of two(2)years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1)Inspection of all materials,construction, plant,and equipment for conformance to the technical specifications,and as required by subsection 100-06. (2)Performance of all quality control tests as required by the technical specifications and subsection 100-07. (3)Performance of density tests for the Engineer when required by the technical specifications. Certification at an equivalent level,by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing levels.The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 Project progress schedule.The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method(CPM), Program Evaluation and Review Technique(PERT), or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities,milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 100-05 Submittals schedule.The Contractor shall submit a detailed listing of all submittals(for example, mix designs,material certifications)and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: a. Specification item number b. Item description c.Description of submittal d. Specification paragraph requiring submittal e. Scheduled date of submittal 100-06 Inspection requirements. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below.All inspections shall be documented by the Contractor as specified by subsection 100-07. GENERAL PROVISIONS GP-47 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: a.During plant operation for material production, quality control test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and used. b.During field operations, quality control test results and periodic inspections shall be used to ensure the quality of all materials and workmanship.All equipment used in placing,finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines,grades,and tolerances specified.The Program shall document how these and other quality control functions will be accomplished and used. 100-07 Quality control testing plan.As a part of the overall Quality Control Program,the Contractor shall implement a quality control testing plan, as required by the technical specifications.The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: a. Specification item number(for example,P-401) b. Item description(for example,Plant Mix Bituminous Pavements) c. Test type(for example,gradation, grade,asphalt content) d.Test standard(for example,ASTM or American Association of State Highway and Transportation Officials(AASHTO)test number, as applicable) e. Test frequency(for example, as required by technical specifications or minimum frequency when requirements are not stated) f.Responsibility(for example,plant technician) g. Control requirements(for example,target, permissible deviations) The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665.The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by subsection 100-08. 100-08 Documentation.The Contractor shall maintain current quality control records of all inspections and tests performed.These records shall include factual evidence that the required inspections or tests have been performed,including type and number of inspections or tests involved;results of inspections or tests; nature of defects,deviations, causes for rejection,etc.;proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract.Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. GP-48 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) IMMOKALEE REGIONAL 16 G 7 APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Specific Contractor quality control records required for the contract shall include,but are not necessarily limited to,the following records: a. Daily inspection reports.Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations.These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall,as a minimum, include the following: (1)Technical specification item number and description (2)Compliance with approved submittals (3)Proper storage of materials and equipment (4)Proper operation of all equipment (5)Adherence to plans and technical specifications (6)Review of quality control tests (7) Safety inspection. The daily inspection reports shall identify inspections conducted,results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily test reports.The Contractor shall be responsible for establishing a system that will record all quality control test results.Daily test reports shall document the following information: (1)Technical specification item number and description (2)Test designation (3)Location (4)Date of test (5)Control requirements (6)Test results (7)Causes for rejection (8)Recommended remedial actions (9)Retests Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications,the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 Corrective action requirements.The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed,to be out of control(out of tolerance)and detail what action will be taken to bring the process into control.The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. GENERAL PROVISIONS GP-49 Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B When applicable or required by the technical specifications,the Contractor shall establish and use statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 Surveillance by the Engineer.All items of material and equipment shall be subject to surveillance by the Engineer at the point of production,manufacture or shipment to determine if the Contractor,producer,manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials,equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 Noncompliance. a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall,after receipt of such notice,immediately take corrective action.Any notice,when delivered by the Engineer or his or her authorized representative to the Contractor or his or her authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor Quality Control Program or the contract provisions,or where the Contractor fails to properly operate and maintain an effective Quality Control Program,as determined by the Engineer,the Engineer may: (1)Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. (2)Order the Contractor to stop operations until appropriate corrective actions are taken. END OF SECTION 100 GP-50 GENERAL PROVISIONS Reference:AC 150/5370-1OG (7/21/2014) IMMOKALEE REGION/Wrist7 APRIL 10,2017 SUBMITTAL REHABILITATION OFT Section 105 Mobilization 105-1 Description.This item shall consist of work and operations,but is not limited to,work and operations necessary for the movement of personnel, equipment,material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-1.1 Posted notices.Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity(EEO)Poster"Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246,as amended;Davis Bacon Wage Poster(WH 1321)-DOL"Notice to All Employees"Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-2 Basis of measurement and payment. Based upon the contract lump sum price for"Mobilization" partial payments will be allowed as follows: a. With first pay request,25%. b. When 25%or more of the original contract is earned,an additional 25%. c. When 50%or more of the original contract is earned, an additional 40%. d.After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by 90-11,the final 10%. END OF SECTION 105 GENERAL PROVISIONS GP-51 Reference:AC 150/5370-1OG (7/21/2014) IMMOKALEE REGIONAL AIRP!T6 G 7 APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank GP-52 GENERAL PROVISIONS Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B Section 110 Method of Estimating Percentage of Material Within Specification Limits (PWL) 110-01 General.When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits(PWL),the PWL will be determined in accordance with this section.All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average(X)and sample standard deviation(Sn)of the specified number(n)of sublots for the lot and the specification tolerance limits,L for lower and U for upper,for the particular acceptance parameter. From these values,the respective Quality index, QL for Lower Quality Index and/or Qu for Upper Quality Index,is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values.Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty(risk)in the measurement for acceptance because only a small fraction of production material(the population) is sampled and tested.This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated,production quality(using population average and population standard deviation)must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 Method for computing PWL.The computational sequence for computing PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b.Locate the random sampling position within the sublot in accordance with the requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Find the sample average(X)for all sublot values within the lot by using the following formula: X=(xi +x2 +x3 +. . .xn)/n Where: X=Sample average of all sublot values within a lot xi,x2=Individual sublot values n=Number of sublots e. Find the sample standard deviation(Sn)by use of the following formula: S = �(d1 d222+ 3+d 2 n + . . .d 2) (/ n-1)�1/2 n Where: Sn=Sample standard deviation of the number of sublot values in the set d1,d2 =Deviations of the individual sublot values xi,x2, ... from the average value X that is: d1 =(xi -X), d2 =(x2 -X) ... do=(xn -X) n=Number of sublots SURFACE PREPARATION GP-53 Reference:AC 150/5370-1OG (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B f. For single sided specification limits(that is, L only),compute the Lower Quality Index QL by use of the following formula: QL =(X-L)/Sn Where: L=specification lower tolerance limit Estimate the percentage of material within limits(PWL)by entering Table 1 with QL, using the column appropriate to the total number(n)of measurements. If the value of QL falls between values shown on the table,use the next higher value of PWL. g. For double-sided specification limits(that is,L and U), compute the Quality Indexes QL and Qu by use of the following formulas: QL=(X-L)/Sn and Qu =(U-X)/Sn Where: L and U=specification lower and upper tolerance limits Estimate the percentage of material between the lower(L)and upper(U)tolerance limits(PWL) by entering Table 1 separately with QL and Qu,using the column appropriate to the total number(n)of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table,use the next higher value of PL or Pu.Determine the PWL by use of the following formula: PWL=(Pu+PL) - 100 Where: PL=percent within lower specification limit Pu =percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401,Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 =96.60 A-2=97.55 A-3 =99.30 A-4=98.35 n=4 2. Calculate average density for the lot. X=(xi +x2 +x3 + . . .xn)/n X=(96.60+97.55 +99.30+98.35)/4 X=97.95%density GP-54 SURFACE PREPARATION Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B 3. Calculate the standard deviation for the lot. S„ = [((96.60 -97.95)2+(97.55 -97.95)2+(99.30 -97.95)2+(98.35 -97.95)2))/(4- 1)]1/2 S.= [(1.82+0.16+ 1.82+0.16)/3]1/2 Sn= 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL=(X-L)/Sn QL=(97.95-96.30)/ 1.15 QL = 1.4348 5. Determine PWL by entering Table 1 with QL= 1.44 and n=4. PWL=98 B.PWL Determination for Air Voids. 1.Air Voids of four random samples taken from Lot A. A-1 =5.00 A-2=3.74 A-3 =2.30 A-4=3.25 2. Calculate the average air voids for the lot. X=(xi +x2 +x3 . . .n)/n X=(5.00+3.74+2.30+3.25)/4 X=3.57% 3. Calculate the standard deviation S.for the lot. S.= [((3.57-5.00)2+(3.57-3.74)2+(3.57 -2.30)2+(3.57-3.25)2)/(4- 011/2 Sn= [(2.04+0.03 + 1.62+0.10)/3]1/2 S.= 1.12 4.Calculate the Lower Quality Index QL for the lot.(L=2.0) QL=(X-L)/Sn QL=(3.57 -2.00)/ 1.12 QL= 1.3992 5.Determine PL by entering Table 1 with QL= 1.41 and n=4. PL =97 6. Calculate the Upper Quality Index Qu for the lot. (U=5.0) Qu =(U-X)/Sn Qu =(5.00-3.57)/ 1.12 Qu = 1.2702 7.Determine Pu by entering Table 1 with Qu = 1.29 and n=4. Pu=93 8.Calculate Air Voids PWL SURFACE PREPARATION GP-55 Reference:AC 150/5370-10G (7/21/2014) 16G7 IMMOKALEE REGIONAL AIRPORT 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B PWL=(PL+Pu)- 100 PWL=(97+93)- 100=90 EXAMPLE OF OUTLIER CALCULATION(REFERENCE ASTM E178) Project: Example Project Test Item: Item P-401,Lot A. A. Outlier Determination for Mat Density. 1.Density of four random cores taken from Lot A arranged in descending order. A-3 =99.30 A-4=98.35 A-2=97.55 A-1 =96.60 2.Use n=4 and upper 5%significance level of to find the critical value for test criterion= 1.463. 3. Use average density, standard deviation,and test criterion value to evaluate density measurements. a. For measurements greater than the average: If(measurement-average)/(standard deviation)is less than test criterion, then the measurement is not considered an outlier For A-3, check if(99.30-97.95)/ 1.15 is greater than 1.463. Since 1.174 is less than 1.463,the value is not an outlier. b.For measurements less than the average: If(average-measurement)/(standard deviation)is less than test criterion, then the measurement is not considered an outlier. For A-1, check if(97.95 -96.60)/ 1.15 is greater than 1.463. Since 1.435 is less than 1.463,the value is not an outlier. Note: In this example, a measurement would be considered an outlier if the density were: Greater than(97.95 + 1.463 x 1.15)=99.63% OR less than(97.95 - 1.463 x 1.15)=96.27%. Table 1. Table for Estimating Percent of Lot Within Limits(PWL) Percent Within Positive Values of Q(QL and Qu) Limits (PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 GP-56 SURFACE PREPARATION Reference:AC 150/5370-1OG (7/21/2014) IMMOKALEE REGIONAL 1PTG 7 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B Percent Within Positive Values of Q(QL and QL) Limits (PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 SURFACE PREPARATION GP-57 Reference:AC 150/5370-10G (7/21/2014) 16G ? IMMOKALEE REGIONAL AIRPORT 60%DESIGN SUBMITTAL REHABILITATION OF TAXIWAY B Percent Within Negative Values of Q(QL and Qu) Limits n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 (PL and Pu) 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 1 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 END OF SECTION 110 GP-58 SURFACE PREPARATION Reference:AC 150/5370-1 OG (7/21/2014) 16G7 FEDERAL REQUIREMENTS Federal Aviation Administration Provisions-CFDA 20.106 16G7 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern. The services performed by the awarded Contractor shall be in compliance with all applicable FAA 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. In general, 1) The contractor(including all subcontractors) must insert these contract provisions in each lower tier contracts(e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider Box is Checked If Applicable ® 1.ACCESS TO RECORDS AND REPORTS • 2.AFFIRMATIVE ACTION REQUIREMENT ® 3.BREACH OF CONTRACT TERMS ® 4.BUY AMERICAN PREFERENCE ® 5. CIVIL RIGHTS - GENERAL ® 6. CIVIL RIGHTS—TITLE VI ASSURANCE ® 7. CLEAN AIR AND WATER POLLUTION CONTROL ® 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ® 9. COPLELAND"ANTI-KICKBACK"ACT ® 10.DAVIS-BACON REQUIREMENTS ® 11.DEBARMENT AND SUSPENSION ® 12.DISADVANTAGED B USINESS ENTERPRISE ® 13. DISTRACTED DRIVING ® 14. ENERGY CONSERVATION REQUIREMENTS ® 15.EQUAL EMPLOYMENT OPPORTUNTY(E.E.O.) ® 16.FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) ▪ 17. LOBBYIGN AND INFLUENCING FEDERAL EMPLOYEES ® 18. PROHIBITION OF SEGREGATED FACILILITIES ® 19. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 ▪ 20.PROCUREMENT OF RECOVERED MATERIALS ® 21.RIGHT TO INVENTIONS ® 22. SEISMIC SAFETY ® 23. TERMINATION OF CONTRACT ® 24. TRADE RESTRICTION CERTIFICATION ® 25. VETERAN'S PREFERENCE Federal Aviation Administration Provisions-CFDA 20.10616G 1. ACCESS TO RECORDS AND REPORTS (Applies to subcontracts) 2 CFR§200.333,2 CFR§200.336,FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Applies to subcontracts in excess of $10,000) 41 CFR part 60-4,Executive Order 11246 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: 17.1% Goals for female participation in each trade: 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. Federal Aviation Administration Provisions- CFDA 20.106 16 G 7 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Florida, Collier, Immokalee. 3. BREACH OF CONTRACT TERMS 2 CFR§200 Appendix II(A) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract. The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 4. BUY AMERICAN PREFERENCE Title 49 USC § 50101 The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The County will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. 5. GENERAL CIVIL RIGHTS PROVISIONS 49 USC §47123 The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 6. Title VI CIVIL RIGHTS PROVISIONS Solicitation Notice: Collier County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Compliance with Nondiscrimination Requirements: Federal Aviation Administration Provisions- CFDA 20.106 16G7 During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including,but not limited to: a.Withholding payments to the contractor under the contract until the contractor complies; and/or b.Cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,FACILITY OR PROGRAM: The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree \that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Federal Aviation Administration Provisions- CFDA 20.106 16 G7 facilities, (2)that in the construction of any improvements on,over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color,national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color,national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq 16G7 7. CLEAN AIR AND WATER POLLUTION CONTROL 2 CFR§200,Appendix II(G) (Applies to subcontracts in excess of $150,000) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the County immediately upon discovery. The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (Applies to subcontracts) 2 CFR§200,Appendix II(E) 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, including watchmen and guards, 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 clause, 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 (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, 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 clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the 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 clause. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor 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 clause. 9. COPELAND"ANTI-KICKBACK"ACT 2 CFR§200,Appendix II(D),29 CFR Parts 3 & 5 Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 16 G7 10.DAVIS-BACON REQUIREMENTS 2 CFR§200,Appendix II(D),29 CFR Part 5 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination (General Decision Number: FL170206 01/06/2017 FL206) 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 classification and wage rates conformed under (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 easily be 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: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative,will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (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 subparagraphs (1)(ii) (B) or (C) of this paragraph, 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. 16G7 (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor 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. 2 Withholding. The Federal Aviation Administration or the sponsor 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 work, all or part of the wages required by the contract, the Federal Aviation Administration 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. 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 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 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 costs 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 the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g. ,the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.doLgov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal 16G7 Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant, sponsor, or owner). (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: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and 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; (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(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 (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation 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 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 16G7 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 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 that 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 Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation 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 Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section 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) Byenteringinto this contract, the contractor certifies that neither it (nor he or she) no a on or Yp firm who has an interest in the contractor's firm is a person or firm 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). (iii) The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. DEPARTMENT OF LABOR WAGE DETERMINATION 16 G 7 General Decision Number: FL170206 01/06/2017 FL206 Superseded General Decision Number: FL20160206 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (HO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the HO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the HO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.98 0.00 ELECTRICIAN $ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 16.39 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.89 0.00 16G7 LABORER: Common or General $ 11.76 0.00 LABORER: Flagger $ 11.77 0.00 LABORER: Grade Checker $ 15.88 0.00 LABORER: Landscape & Irrigation $ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.93 0.00 LABORER: Pipelayer $ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 0.00 OPERATOR: Broom/Sweeper $ 13.69 0.00 OPERATOR: Bulldozer $ 18.01 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Crane $ 21.69 0.00 OPERATOR: Curb Machine $ 19.67 0.00 OPERATOR: Drill $ 14.78 0.00 OPERATOR: Forklift $ 12.58 0.00 OPERATOR: Gradall $ 14.71 0.00 OPERATOR: Grader/Blade $ 20.34 0.00 OPERATOR: Loader $ 16.24 0.00 OPERATOR: Mechanic $ 17.86 0.00 OPERATOR: Milling Machine $ 17.23 0.00 OPERATOR: Oiler $ 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.82 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 19.35 0.00 OPERATOR: Roller $ 15.56 0.00 OPERATOR: Scraper $ 11.74 0.00 1 6 G 7 OPERATOR: Screed $ 16.67 0.00 OPERATOR: Trencher $ 16.07 0.66 PAINTER: Spray $ 16.38 0.00 TRUCK DRIVER: Dump Truck $ 14.99 0.00 TRUCK DRIVER: Flatbed Truck $ 14.13 0.00 TRUCK DRIVER: Lowboy Truck $ 18.00 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Water Truck $ 14.16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (50) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 1 6 G 7 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 this classification and rate. 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. 1 6 (3 7 WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION A 11. DEBARMENT AND SUSPENSION 16G7 2 CFR part 180(Subpart C),2 CFR part 1200,DOT Order 4200.5 Bidder or Offeror Certification By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Lower Tier Contract Certification The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 12.DISADVANTAGED BUSINESS ENTERPRISES (Applies to subcontracts) 49 CFR part 26 The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Collier County Airport Authority, as owner of the Collier County General Aviation Airports,to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders, including those who qualify as a DBE. A DBE contract goal of 5.9 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder will be required to submit the following information with their proposal on the forms provided herein: (1)The names and addresses of DBE firms that will participate in the contract; (2)A description of the work that each DBE firm will perform; (3)The dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under(4); (6)If the contract goal is not met,evidence of good faith efforts. Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as the recipient deems appropriate. Prompt Payment Mechanisms 026.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the Authority. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractors 16G7 work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Authority. This clause applies to both DBE and non-DBE subcontracts. Directory(§26.31) The Authority uses the Florida Unified Certification Program(FL UCP)DBE Directory,maintained by the Florida Department of Transportation(FDOT). The Directory lists the firm's name,address,phone number, date of the most recent certification,and the type of work the firm has been certified to perform as a DBE. In addition,the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The Florida Department of Transportation updates the Directory at least annually, and periodically, as necessary. The Directory is available for review by contacting: Justin Lobb, Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive, Suite 1,Naples, FL 34114, 239-642-7878. The Directory may be found at http://www.dot.state.fl.us/equalopportunityoffice/ Certification Process(§26.61—26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program. The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. The Florida Department of Transportation will make all certification decisions based on the facts as a whole. For information about the certification process or to apply for certification, firms should contact: Florida Department of Transportation (FDOT) Equal Opportunity Office 605 Suwannee St. MS 65 Tallahassee,Florida 32399-0450 (850)414-4747 Equal Opportunity Office http://www.dot.state.fl.us/equalopportunityoffice/ Administrative reconsideration(§26.53(d)) Within ten (10) days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Gene Shue, Operations Support Director,Collier County Airport Authority,2885 S.Horseshoe Drive,Naples,FL 34104,239- 252-5169. The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the Authority's administrative reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the US Department of Transportation. 13.TEXTING WHEN DRIVING Executive Order 13513,DOT Order 3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA 16G7 encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. 14. ENERGY CONSERVATION REQUIREMENTS 2 CFR§200,Appendix II(H) Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. 6201 et seq). 15. EQUAL OPPORTUNITY (Applies to subcontracts) 2 CFR 200,Appendix II(C),41 CFR§60-1.4,41 CFR§ 60-4.3,Executive Order 11246 During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation,gender identify or national origin. Such action shall include,but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color,religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering 16 G7 agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor,or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return,U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black(all)persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic(all persons of Mexican,Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and (4) American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating(pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5.Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-workingtraininghours of apprentices and trainees to be counted in me�iin h PP t goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S.Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations'responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment 16G7 and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association,joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color,religion,sex,or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension,termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. 16 G7 If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee,helper, or laborer), dates of changes in status,hours worked per week in the indicated trade,rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) 29 U.S.C. §201,et seq All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The contractor or consultant has full responsibility to monitor compliance to the referenced statute or regulation. The contractor or consultant must address any claims or disputes that arise from this requirement directly with the U.S.Department of Labor—Wage and Hour Division 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 31 U.S.C. § 1352 —Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20,Appendix A The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure 16G7 18. PROHIBITION of SEGREGATED FACILITIES 41 CFR§60 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 19. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S.Department of Labor—Occupational Safety and Health Administration. 2 0. PROCUREMENT OF RECOVERED MATERIALS 2 CFR§200.322,40 CFR part 247 Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency(EPA)under 40 CFR Part 247 whenever: a) The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured$10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements;or c) Is only available at an unreasonable price. 21. RIGHT TO INVENTIONS 2 CFR§200,Appendix II(F),37 CFR§401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. 16 G7 Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. 2 2. SEISMIC SAFETY 49 CFR part 41 The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC)meet the NEHRP equivalency level for seismic safety. 23.TERMINATION Termination for Default(Construction) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this contract due default of the Contractor. Termination for Convenience(Construction& Equipment Contracts) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor,materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. 2 4. TRADE RESTRICTION CERTIFICATION 49 USC §50104,49 CFR part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror- a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative(U.S.T.R.); 16G7 b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 25.VETERAN'S PREFERENCE 49 USC§47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 26.DISCRIMINATORY VENDORS LIST 287.134 F.S. The contractor will not discriminate against any person on legally protected basis in any activity under this solicitation or a contract. Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with 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, and many not transact business with any public entity. 16G7 CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. Conflict of Interest 3. Disclosure of Lobbying Activities 4. Buy American Certification for Manufactured Steel 5. Grant Acknowledgement of Terms and Conditions 6. Disadvantage Business Enterprise Utilization Forms 1-4 16G7 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 (1)(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. Name Project Name Title Project Number Firm Tax ID Number DUNS Number Street Address, City, State,Zip Signature 16G7 Vendor Submittal — Conflict of Interest Certification Collier County Solicitation No. I, , 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. Name Signature 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. 1607 Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such expenditure or failure.] The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official Date 16G7 Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products (1 of 2) As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(not both) by inserting a checkmark(✓) or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100%Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. 16G7 Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products (2 of 2) ,. Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60%of the cost of all components and subcomponents of the"item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100%US domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non- domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title 1613 ? 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 Date Authorized Signature Address Solicitation/Contract# 1607 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization FORM 1 The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner(please check the appropriate space): The bidder is committed to a minimum of %DBE utilization on this contract. The bidder (if unable to meet the applicable DBE goal of 5.9% DBE goal for Immokalee is committed to a minimum of % DBE utilization on this contract and has submitted documentation demonstrating good faith efforts. Name of bidder's firm: State Registration No. By (Signature) Title 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise (DBE) Utilization LETTER OF INTENT FORM 2 (Submit this page for each DBE subcontractor.) Name of bidder's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature) (Title) If the bidder does not receive award of the prime contract,any and all representations in this Letter of Intent and Affirmation shall be null and void. 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) GOOD FAITH EFFORTS FORM 3 Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure disadvantaged, minority/women-owned and/or businesses as subcontractors/sub- consultants/suppliers. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. Fulfillment of the "good faith effort" can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting disadvantaged/minority/women-owned firms to determine with certainty whether these firms are interested. 3. Efforts made to select portions of the work proposed to be performed by disadvantaged/minority/women-owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Documenting each disadvantaged/minority/woman-owned firm contacted the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the disadvantaged/minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal agencies, small businesses, disadvantaged/minority/women business assistance offices and other organizations that provide assistance and placement of disadvantaged/minority/woman-owned businesses. Company Name: Printed Name: Title: Signed: Date: 16G7 COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise (DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Address/Phone Number Procurement Number Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE _ ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE _ BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. EMPLOYEE RIGHT667 UNDER THE FAIR LABOR STANDARDS ACT FEDERAL MINIMUM WAGE $7 , 25 PER HOUR BEGINNING JULY 24,2009 The law requires employers to display this poster where employees can readily see it. OVERTIME PAY At least 11/2 times the regular rate of pay for all hours worked over 40 in a workweek. CHILD LABOR An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor.Youths 14 and 15 years old may work outside school hours in various non-manufacturing,non-mining,non-hazardous jobs with certain work hours restrictions.Different rules apply in agricultural employment. TIP CREDIT Employers of"tipped employees"who meet certain conditions may claim a partial wage credit based on tips received by their employees.Employers must pay tipped employees a cash wage of at least$2.13 per hour if they claim a tip credit against their minimum wage obligation.If an employee's tips combined with the employer's cash wage of at least$2.13 per hour do not equal the minimum hourly wage,the employer must make up the difference. NURSING The FLSA requires employers to provide reasonable break time for a nursing mother employee MOTHERS who is subject to the FLSA's overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child's birth each time such employee has a need to express breast milk.Employers are also required to provide a place,other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public,which may be used by the employee to express breast milk. ENFORCEMENT The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage,overtime,and other violations.The Department may litigate and/or recommend criminal prosecution.Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law. Civil money penalties may also be assessed for violations of the FLSA's child labor provisions. Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee,and such assessments may be doubled when the violations are determined to be willful or repeated.The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA. ADDITIONAL • Certain occupations and establishments are exempt from the minimum wage,and/or overtime INFORMATION pay provisions. • Special provisions apply to workers in American Samoa,the Commonwealth of the Northern Mariana Islands,and the Commonwealth of Puerto Rico. • Some state laws provide greater employee protections;employers must comply with both. • Some employers incorrectly classify workers as"independent contractors"when they are actually employees under the FLSA.It is important to know the difference between the two because employees(unless exempt)are entitled to the FLSA's minimum wage and overtime pay protections and correctly classified independent contractors are not. • Certain full-time students,student learners,apprentices,and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. S�`ENT oF! ❑ •- 1-866-487-9243 WAGE AND HOUR DIVISION 1WHDTTY:1-877-889-5627 f' UNITED STATES DEPARTMENT OF LABOR www.dol.gov/whd :40:13 4'*4res oF r WH1088 REV 07/16 1 6 G7 EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. For additional information: I • 1 -866-4-USWAGE MHO (1-866-487-9243) I I Y: 1-877-889-5627 vs.Wage and Hour Division WWNW.WAGEHOUR.DOL.GOV U.S.Department of Labor I Employment Standards Administration I Wage and Hour Division WH 1321(Revised April 2009) 16G7 r7 Equal Employment Opportunity is THE LAvy Private Employers,State and Local Governments,Educational Institutions,Employment Agencies and Labor Organizations Applicants to and employees of most private employers,state and local governments,educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases: RACE,COLOR,RELIGION,SEX,NATIONAL ORIGIN GENETICS Title VII of the Civil Rights Act of 1964,as amended,protects applicants and Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants employees from discrimination in hiring,promotion,discharge,pay,fringe benefits, and employees from discrimination based on genetic information in hiring, job training,classification,referral,and other aspects of employment,on the basis promotion,discharge,pay,fringe benefits,job training,classification,referral,and of race,color,religion,sex(mcluding pregnancy),or national origin.Religious other aspects of employment GINA also restricts employers'acquisition of genetic discrimination includes failing to reasonably accommodate an employee's religious information and strictly limits disclosure of genetic information.Genetic information practices where the accommodation does not impose undue hardship. includes information about genetic tests of applicants,employees,or their family members;the manifestation of diseases or disorders in family members(family DISABILITY medical history);and requests for or receipt of genetic services by applicants, Title I and Title V of the Americans with Disabilities Act of 1990,as amended,protect employees,or their family members. qualified individuals from discrimination on the basis of disability in hiring,promotion, discharge,pay,fringe benefits,job training,classification,referral,and other RETALIATION aspects of employment.Disability discrimination includes not making reasonable All of these Federal laws prohibit covered entities from retaliating against a accommodation to the known physical or mental limitations of an otherwise qualified person who files a charge of discrimination,participates in a discrimination individual with a disability who is an applicant or employee,barring undue hardship. proceeding,or otherwise opposes an unlawful employment practice. AGE WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED The Age Discrimination in Employment Act of 1967,as amended,protects There are strict time limits for filing charges of employment discrimination.To applicants and employees 40 years of age or older from discrimination based on preserve the ability of EEOC to act on your behalf and to protect your right to file a age in hiring,promotion,discharge,pay,fringe benefits,job training,classification, private lawsuit,should you ultimately need to,you should contact EEOC promptly referral,and other aspects of employment. when discrimination is suspected: The U.S.Equal Employment Opportunity Commission(EEOC),1-800-669-4000 SEX(WAGES) (toll-free)or 1-800-669-6820(toll-free TTY number for individuals with hearing In addition to sex discrimination prohibited by Title VII of the Civil Rights Act,as impairments).EEOC field office information is available at www.eeoc.gov or amended,the Equal Pay Act of 1963,as amended,prohibits sex discrimination in in most telephone directories in the U.S.Government or Federal Government the payment of wages to women and men performing substantially equal work, section.Additional information about EEOC,including information about charge in jobs that require equal skill,effort,and responsibility,under similar working filing,is available at www.eeoc.gov. conditions,in the same establishment. 16G7 Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: RACE,COLOR,RELIGION,SEX,NATIONAL ORIGIN three years of discharge or release from active duty),other protected veterans Executive Order 11246,as amended,prohibits job discrimination on the basis (veterans who served during a war or in a campaign or expedition for which a of race,color,religion,sex or national origin,and requires affirmative action to campaign badge has been authorized),and Armed Forces service medal veterans ensure equality of opportunity in all aspects of employment. (veterans who,while on active duty,participated in a U.S.military operation for INDIVIDUALS WITH DISABILITIES which an Armed Forces service medal was awarded). Section 503 of the Rehabilitation Act of 1973,as amended,protects qualified RETALIATION individuals from discrimination on the basis of disability in hiring,promotion, Retaliation is prohibited against a person who files a complaint of discrimination, discharge,pay,fringe benefits,job training,classification,referral,and participates in an OFCCP proceeding,or otherwise opposes discrimination other aspects of employment. Disability discrimination includes not making under these Federal laws. reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, Any person who believes a contractor has violated its nondiscrimination or barring undue hardship. Section 503 also requires that Federal contractors take affirmative action obligations under the authorities above should contact affirmative action to employ and advance in employment qualified individuals inunediately: with disabilities at all levels of employment,including the executive level. The Office of Federal Contract Compliance Programs(OFCCP),U.S. DISABLED,RECENTLY SEPARATED,OTHER PROTECTED, Department of Labor,200 Constitution Avenue,N.W.,Washington,D.C. AND ARMED FORCES SERVICE MEDAL VETERANS 20210,1-800-397.6251(toll-free)or(202)693-1337(TTY). OFCCP may also be The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 contacted by e-mail at OFCCP-Public@dol.gov,or by calling an OFCCP regional U.S.C.4212,prohibits job discrimination and requires affirmative action to employ or district office,listed in most telephone directories under U.S.Government, and advance in employment disabled veterans,recently separated veterans(within Department of Labor. Programs or Activities Receiving Federal Financial Assistance RACE,COLOR,NATIONAL ORIGIN,SEX INDIVIDUALS WITH DISABILITIES In addition to the protections of Title VII of the Civil Rights Act of 1964,as Section 504 of the Rehabilitation Act of 1973,as amended,prohibits employment amended,Title VI of the Civil Rights Act of 1964,as amended,prohibits discrimination on the basis of disability in any program or activity which receives discrimination on the basis of race,color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of activities receiving Federal financial assistance.Employment discrimination employment against persons with disabilities who,with or without reasonable is covered by Title VI if the primary objective of the financial assistance is accommodation,can perform the essential functions of the job. provision of employment,or where employment discrimination causes or may cause discrimination in providing services under such programs.Title IX of the If you believe you have been discriminated against in a program of any Education Amendments of 1972 prohibits employment discrimination on the institution which receives Federal financial assistance,you should immediately basis of sex in educational programs or activities which receive Federal financial contact the Federal agency providing such assistance. assistance. EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOCP/E-1(Revised 11/09) "EEO is the Law" Poster Supplement 16 G 7 Private Employers,State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations revisions The Disability section is revised as follows: DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990,as amended,protect qualified individuals from discrimination on the basis of disability in hiring,promotion,discharge,pay,fringe benefits,job training,classification, referral,and other aspects of employment.Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. The following section is added: GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring,promotion,discharge,pay,fringe benefits,job training,classification,referral,and other aspects of employment.GINA also restricts employers'acquisition of genetic information and strictly limits disclosure of genetic information.Genetic information includes information about genetic tests of applicants,employees,or their family members;the manifestation of diseases or disorders in family members (family medical history);and requests for or receipt of genetic services by applicants,employees,or their family members. The EEOC contact information is revised as follows: The U.S.Equal Employment Opportunity Commission (EEOC),1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments).EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S.Government or Federal Government section.Additional information about EEOC,including information about charge filing,is available at www.eeoc.gov. Employers Holding Federal Contracts or Subcontracts section revisions The Individuals with Disabilities section is revised as follows: INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973,as amended,protects qualified individuals from discrimination on the basis of disability in hiring,promotion,discharge,pay,fringe benefits,job training,classification,referral,and other aspects of employment.Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee,barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment,including the executive level. The Vietnam Era, Special Disabled Veterans section is revised as follows: DISABLED,RECENTLY SEPARATED,OTHER PROTECTED,AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,38 U.S.C.4212,prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans,recently separated veterans (within three years of discharge or release from active duty),other protected veterans(veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized),and Armed Forces service medal veterans (veterans who, while on active duty,participated in a U.S.military operation for which an Armed Forces service medal was awarded). The following section is added: RETAUATION Retaliation is prohibited against a person who files a complaint of discrimination,participates in an OFCCP proceeding,or otherwise opposes discrimination under these Federal laws. The OFCCP contact information is revised as follows: The Office of Federal Contract Compliance Programs (OFCCP),U.S.Department of Labor,200 Constitution Avenue,N.W., Washington,D.C.20210,1-800-397-6251 (toll-free) or(202) 693-1337 (TTY).OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov,or by calling an OFCCP regional or district office,listed in most telephone directories under U.S. Government,Department of Labor. Mandatory Supplement to EEOC 9/02 and OFCCP 8/08"EEO is the Law"Posters 16G7 SPECIAL PROVISIONS 1667 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B SPECIAL PROVISION NO. 1 CONSTRUCTION SAFETY AND PHASING PLANS 1. See Construction Safety and Phasing Plan(CSPP) document enclosed in Exhibit L, Standard Details of the Contract Documents. END OF SPECIAL PROVISION NO. 1 SP-1 -CONSTRUCTION SAFETY AND PHASING PLAN SP 1-1 NON-FAA ITEM 16G7 IMMOKALEE REGIONAL AIRPORT APRIL 10,2017 SUBMITTAL REHABILITATION OF TAXIWAY B Intentionally Left Blank SP 1-2 SP-1 -CONSTRUCTION SAFETY AND PHASING PLAN NON-FAA ITEM ® . '`� R� ( fYY) CERTIFICATE OF LIABILITY INSURANCE 08/24/2017 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 have ADDITIONAL INSURED provisions or 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 Patti Zuk Van WykRisk Solutions PHONEFAX 2237 Wealthy Street SE (ac.No.Ext): (616)942-5070 (NC,No):(616)942-8199 Suite 200 AODRess: pattiz@venmkcorp.com Grand Rapids,MI 49506 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Frankenmuth Insurance 13986 INSURED 0-A-K Florida,Inc. INSURER B: dba Owen-Ames-Kimball Company 11941 Fairway Lakes Drive INSURER C: Fort Myers,FL 33913-8338 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 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 \.D WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A V COMMERCIAL GENERAL UABIUTY Y EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE V OCCUR DAMAGE TO RENTED 500,000 CPP3029420 7/1/2017 7/1/2018 PREMISES(Ea occurrence) $ MED EW(Any one person) $ 5,000 — PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIE/S PER: GENERAL AGGREGATE $ 2,000,000 JET V LOC PRODUCTS-COMP/OP AGG $ 2,000,000POLICY V OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1�� ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BA3029420 7/1/2017 7/1/2018 BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) PIP 10K $ A ✓ UMBRELLA LIAB ✓ OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CPP3078891 7/1/2017 7/1/2018 AGGREGATE $ 10,000+00Q DED RETENTION$ $ A WORKERS COMPENSATION , / PER OTH- AND EMPLOYERS'LIABILITY v STATUTE ER Y/N WC3029420 7/1/2017 7/1/2018 EL.EACH $ 1,000,000 ANYD EMPLOYERS' ETO S LRTNLRIEXECUTNE OFFICER/MEMBER E)CLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented Equipment CPP3029420 7/1/2017 7/1/2018 $300,000/$1,000 Ded Installation Floater $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For Any and All Work Performed on Behalf of Collier County,Collier County is named as additional insured as required bywritten contract.A 30-day notice of cancellation will be provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tani ami Trail East Naples,FL 34112 AUTHORIZED REPRESENTATIVE i,„____ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16G7 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 17-7126 -Technical Specifications 76 Construction Services Agreement:Revised 02132017 C� 16G7 EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 17-7126 - Stormwater Pollution Prevention Plan 77 Construction Services Agreement: Revised 02132017 16G7 EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 17-7126 - Exhibit L -Standard Details - Geotechnical Report, Construction Safety & Phasing Plan (CSPP) 78 0 Construction Services Agreement:Revised 02132017 16G7 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 17-7126 - Exhibit M - Construction Plans -Taxiway B Rehabilitation 79 Construction Services Agreement: Revised 02132017 16G7 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Bill Edwards Construction Superintendent Adam Davie Project Manager s0 Construction Services Agreement:Revised 02132017 �`M1' '; OJOOV 10 S pew paleis!6aa eae°6o!pue eweu OaOOV 01-11 (£0/910Z)SZ OjOOv •panaasaa slg6u IPV •NOI1`d21Od21O0 O2100V 810Z-8861 OO I C 3ALLV1N3S3Hd38 43Z1210Hlntl Z1.1•178 ld'�Ide N lse3 I!ei1!we!wel LZEE SNOISIAONd AOnOd 3Hl HIIM 30NVON000Y sJeuo!ss!wwoo/luno to paeog/C;IJnoO Je!poO NI 0313A1130 38 11IM 30I1ON 'd03213H1 31Va NOIIVHIdX3 3H1 O I0d38 031130NVO 38 S310I10d 0381N0S30 3A08Y 3H1 dO ANY OInOHS NOIIV1130NV0 11301OH 31VOIJI12130 • o jo ao!lou Aep�y•loaeuoo uen!aMA J!n baa se paphad lyeq ueirA uoge!!j: H q pa paansu!leuo!l!ppe se paweu s!AlunoO Ja!I!oO itlunoO Ja!lpO;o;IeyaB uo pawao�ad2{-pM IM pue/(uy Jod: 21 (pannbeJ si(toads avow 5 p040211e aq Amu'alnpag3S sipswaa leuompptl'WI.0203V)S3101H3A/SNOLLVOO1 I SNOLLY83d0 dO NOLLdkIOS30 000'000'£$ 181eo13 uo!lellelsul Pe0 000'4$/000'00£$ 840 /4/L L40Z/4/L 0Z176Z0Edd0 luawdmb3 peiue /pesee- y 000'000'4 $ LWI1 A0110d-3SV3SI0 73 molaq SNOI1V83d0 dO NOIld180S30 Japun aquosap'saA p 000'000'1. $ 33AOldW3 V3-3SV3SIO"TR (HN u!AiolepueW) dJ 000'000'4 $ 1N30100V HOV3'T3 tl/N N ALLn030 8N121VdMo1318d0adANZY 8402/4/L L40Z/4/L OZ176ZOE0M N/A 3 213 31111V15A Alnleyn.Sa3A01d W3 ONV 1-110 aid / NOLLVSN3d WOO S213NHOM V $ $NOIIN3J3a 030 000'000'04 $ 31Y03aOOV 840Z/41L L40Zft/L 4688L0Edd0 30V1,11-SWro10 evn ss3ox3 000'000'01 $ 30N3aan00oHOV3 an000 /\ evntl113aewn / y $ N01 did $ (lueppoe Jed) A1N0 SOJIV AlN0 SOf1V 3OVWV0 A183d08d 031Mo-NON 038A-1 $ (luaplooeJed)A2rYNIAlIO08 840Z/4/L L40Z/4/L OZi'6Z0£Y8 oo1naelas A�oa3NMO $ (uosiad aad)AHfIrN1 A11008 0lfV ANY /\ 000'000'l• $ (luaplooe e3) LWn 31ssNIS a3NIe010o Allllevn 31180 WOlnv v $ 113H10 000'000`Z $ OOV do/dwoo-slonaoed 001 / -,1A0110d 000'000'Z $ 31V03HOOV 1Ya3N3O :aid S31ldV 11WI131VOOHO'JV 1N30 000'000'1 $ A2nMI AOV V1VNOSa3d 000'9 $ (uosiad auo Any)dK3 03W $ �aoua��n000 e3)S3SIW3ad 8402/4/L L40Z/4/L 0Zti6Z0Edd0 000'009 031N3H 0130VINVO an000 30VWSWIVlO 000'000'1. $ 3ON38811000 HOV3 A Aln18Yn lY213N301VIO213 W WOO / V SlIWn (AAAAI00/WW1 IAAAA/00/1,1101) 838WmNA0110d 0AM OSNI dX3 A31-10d dd3 AOIIOd aeras 10aY 30NYanSNI d0 3du LIS NI OIYd A8 090f1a3N N338 3AVH AIN NMOHS SLINIl'S31011Od H00S dO SNOWONOO ONV SNOISO1OX3 'SW2i31 3141 11V 01 1O3fSfS SI NI3N3H 0381NOS30 S31OIlOd 3141 A8 030NOddV 30NV2if1SNl 3H1 'NIVJ!I3d AVN NO 03OSSl 38 AVN 31VOIdL1130 51141 HOIHM 01!O3dS32i 1411M IN2W0000 N3141O NO 10V21NO3 INV dO NO111ON00 NO W,131 `JN3N3NIf103N ANY JNIONVIBHLIMLON •031VOIONI OOI83d AO!lOd 3141 NOd 3A08Y 031AYN 03N11SNI 3141 cu 03fSSl N338 3AVH M0138 031SI1 3ONVNf1SNI dO S31OI1Od 31-11 1V1-11 AdL1d30 01 SI 51141 :2138Wf1N NOISIA321 94-L4 :a3814111N 31VOI3112130 S3OY213AO0 d a3anSNI 3 a380SNI =a 213811sN1 8EE8-E 46EE ld'sJaC J)J0d enua sa,!el AeMJ!ed 4i7614 3 a3ansNI Auedwo0 Ilegw!>l-sewy u AQ eqP 8 UMansN1 'ouI`ep!aold>{-y-O 03ansN1 986£4 eoueansul ylnwualuead :vteenSNI #OroN 3DY213A03 ONIaHOdww(s)aoansNI 90961711N'SP!dea pueJo uloo•daoov(Muengv z!lled essirow 3 00Z el!nS 6648 2176(949)4" zv� OLOS Zt6(91.9) (3X3 3NOHd) 3S lee-ITS L87 suo!lnloS)Is!d)$M ueA >InZ!lied lad!No3 833000ad •(s)luewesJopue yaps;o nail ill Japloy a;eo}!laeo ay;o;sly6!J Ja;LL00 Sou seop aleoij eo s!yl uo;uawa;e;s y •luawasaopua ue ei!nbei/Caw sa!o!lod ulepeo `/(ollod ay;Jo suo!llpuoo pue swie;ay;o;loafgns`03APVM si NOI1V9O218fS m •pesJopue eq JO suo!s!AOJd O3afSNl TVNOIliaav eASq;snw(sel)Ao!lod 844`O3afSNI 1VNOI1IOOV ue Si Japloy a;e3gpieo 01411 :INVIHOdINI •2i301OH 31VOId11a30 3H1 ONY`a30fJOad HO 3AI1VIN3S311d311 O3ZIHOHlfltl `(S)a3aflSNl ONIfSSI 3H1 N33M138 10Va1NO0 V 31l1IISNOO ION S30a 30NVHOSN1 dO 31V01d112130 SIH1 •M0138 S3I011Od 3HI A8 aRaaoddy 3OV2I3AO0 3H1 21311V NO ON31X3 `ONOI V A13AI1VD3N HO A13AI1V WdIddy ION 9300 31V313112130 SIHI 213O10H 31VOId111:133 3HI NOdfl SIHDIN ON Sa3:NO0 CINV AINO NOI1VIidO1NI dO a311V141 V S`V aanssi SI 31VOIdl11130 SIHJ (,,,,,l0Z/177..1801 33NV2Jf1SNI A11118V11 JO 31VOIdI12IJO cn-----•...", j Detail by Entity Name Page 1 of 3 16G7 Florida Department of State DIVISION OF CORPORATIONS DI MOH Cif . � RPO; '1 1i` _re rr ,jflutu m o u+ Fiaridu webs/tr Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Foreign Profit Corporation OWEN-AMES-KIMBALL CO. Filing Information Document Number 849848 FEI/EIN Number 38-0900420 Date Filed 07/28/1981 State MI Status ACTIVE Principal Address 300 IONIA AVE N W GRAND RAPIDS, MI 49503 Changed: 01/20/2004 Mailing Address 11941 FAIRWAY LAKES DR. FT. MYERS, FL 33913-8338 Changed:05/08/1992 Registered Agent Name&Address DALE, DAVID J 11941 FAIRWAY LAKES DR. FORT MYERS, FL 33913 Name Changed:04/07/2008 Address Changed:04/23/2015 Officer/Director Detail Name&Address Title PD STANEK, FRANK 4676 WALKER RIDGE RD KALAMAZOO, MI 49009 Title STD LA BARGE,JOHN CJR http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/3/2017 Detail by Entity Name Page 2 of 3 16 G7 7264 TORY DR HUDSONVILLE, MI 49426 Title VD DALE, DAVID 3761 DOWNWIND LANE NORTH FORT MYERS, FL 33917 Title D SHIMP, KEVIN C. 14841 CALEB DRIVE FORT MYERS, FL 33908 Annual Reports Report Year Filed Date 2015 04/23/2015 2016 03/28/2016 2017 01/09/2017 Document Images 01/09/2017--ANNUAL REPORT View image in PDF format 03/28/2016--ANNUAL REPORT View image in PDF format 04/23/2015—ANNUAL REPORT View image in PDF format 04/22/2014—ANNUAL REPORT View image in PDF format 04/16/2013--ANNUAL REPORT View image in PDF format 03/29/2012--ANNUAL REPORT View image in PDF format 01/31/2011--ANNUAL REPORT View image in PDF format 03/22/2010--ANNUAL REPORT View image in PDF format 04/24/2009—ANNUAL REPORT View image in PDF format 04/07/2008—ANNUAL REPORT View image in PDF format 03/19/2007—ANNUAL REPORT View image in PDF format 04/04/2006--ANNUAL REPORT View image in PDF format 05/02/2005--ANNUAL REPORT View image in PDF format 01/20/2004--ANNUAL REPORT View image in PDF format 04/07/2003—ANNUAL REPORT View image in PDF format 03/24/2002—ANNUAL REPORT View image in PDF format 02/06/2001—ANNUAL REPORT View image in PDF format 02/08/2000--ANNUAL REPORT View image in PDF format 04/30/1999--ANNUAL REPORT View image in PDF format 04/03/1998--ANNUAL REPORT View image in PDF format 05/08/1997—ANNUAL REPORT View image in PDF format 03/28/1996--ANNUAL REPORT View image in PDF format 03/21/1995—ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/3/2017