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Backup Documents 02/13/2018 Item #14A1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 4 A 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ''"*NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete 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 Init' Is Date 1. Risk Risk Managementa2/P/* limir 2. County Attorney Office County Attorney Office . )/4 67);41AS 4. BCC Office Board of County AS b., Commissioners j}N 21L-Ili) 4. Minutes and Records Clerk of Court's Office c$ 3:,;1 -- 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 February 13,2018 " Agenda Item Number 14.A.1 Approved by the BCC / Type of Document Construction Contract ✓ Number of Original Attached Documents Attached PO number or account N/A 18-7240 MKY New West Construction number if document is Terminal&Associated y/ to be recorded Improvements INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column - • - er is Yes N/A(Not appropriate. i (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK 1E' t4 114 2. Does the document need to be sent to another agency for a i ditional signa - . If yes, N/A .� provide the Contact Information(Name;Agency;Address; ' s - on an attached sheet. ,,. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ,.,.'Bi:, 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 BL 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 02/13/2018 and all changes made during i o the meeting have been incorporated in the attached document. The County J , Attorney's Office has reviewed the changes, if applicable. rev w, 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 _. Chairman's signature. E ..' GSL CSC v -D FEB 132018 Risk Management 1 4 A 1 MEMORANDUM Date: February 26, 2018 To: Barbara Lance for Jim Flanagan, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #18-7240 "Marco Island Executive Airport New Terminal & Associated Improvements" Contractor: West Construction, Inc. Attached for your records is a copy of the referenced document above, (Item #14A1) adopted by the Board of County Commissioners on Tuesday, February 13, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1441 Colter County Administrative Services Department Plocucement Ser*ces G v s on Marco Island Executive Airport New Terminal & Associated Improvements COLLIER COUNTY BID NO. 18-7240 COLLIER COUNTY, FLORIDA Jim Flanagan, Procurement Strategist Email: JimFlanagan@colliergov.net Telephone: (239) 252- 8946 Design Professional: Atkins North America/SchenkelShultz Ctr FRxweem nt kWrens!?t.>sixr•3327 ranxan,trail E::as1.•Nap:n.E lor:da 34112-4901.M-2E243401.o a.t ll gc,.netprourementswoef, 1 Construction Services Agreement:Revised 06152017 1 411 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 40 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 06152017 14A1 Coter County Administrative$era"tces Department ocvement$erA es D-vis;cor: PUBLIC NOTICE INVITATION TO BID Marco Island Executive Airport New Terminal &Associated Improvements COUNTY BID NO. 18-7240 Sealed bids for the construction of Marco Island Executive Airport New Terminal & Associated Improvements will be received electronically until 2:30 P.M. LOCAL TIME, on the 21st day of November on the County's on-line bidding system: www.colliergov.net/bid. All bids will be publidy 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: $$7,500,000. A mandatory pre-bid conference shall be held at the Marco Island Executive Airport Conference Room, 2005 Mainsail Drive, Naples FL, at 9:00 a.m. LOCAL TIME on the 30th day of October, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. [In instances where the Owner has deemed the pre-bid to be Mandatory, the Bidders failure to attend the pre-bid conference shall result in the rejection of its bid.1 Bids shall be received on line by the Bid Date of November 21, 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. 3 Construction Services Agreement:Revised 06152017 14A1 Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Three Hundred Sixty-Five (365) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 19th day of October, 2017. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 4 Construction Services Agreement:Revised 06152017 14A1 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 06152017 14A1 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 Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 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 06152017 14A1 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 shal 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 mandatorynon-mandatory. In instances where the Owner has deemed the pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. 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 06152017 14 Al 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 06152017 14A1 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 06152017 14A1 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 06152017 1 4 A 1 "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 06152017 14A1 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Marco Island Executive Airport New Terminal &Associated Improvements BID NO. 18-7240 Full Name of Bidder West Construction,Inc. Main Business Address 820 North 4th Street,Lantana,FL 33462 Place of Business Lantana,FL Telephone No. 561-588-2027 Fax No.561-582-9419 State Contractor's License#CGC1516626/CBC057038 State of Florida Certificate of Authority Document Number 555487 Federal Tax Identification Number 59-1809068 DUNS# 06-916-3897 CCR# N/A Cage Code 3V3V1 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 06152017 Detail by Entity Name Page 1 of 2 14A1 -(ori.i�Ue w.rtnlerf'f Sate r'ia;;+^: .• J- a py Deoartrnant of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation WEST CONSTRUCTION,INC. Filing Information Document Number 555487 FEI/EIN Number 59-1809068 Date Filed 12/16/1977 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/30/1983 Principal Address 820 NORTH 4TH STREET LANTANA,FL 33462-1710 Changed:05/01/2017 Mailing Address 820 NORTH 4TH STREET LANTANA, FL 33462-1710 Changed:05/01/2017 Registered Agent Name&Address MORGAN,MARTHA A 820 NORTH 4TH STREET LANTANA,FL 33462-1710 Name Changed:04/23/1993 Address Changed:05/01/2017 Officer/Director Detail Name&Address Title VP WEST,DONNIE E 820 NORTH 4TH STREET LANTANA, FL 33462 Title PTD http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/9/2018 Detail by Entity Name Page 2 of 2 14A1 MORGAN, MARTHA A 820 NORTH 4TH STREET LANTANA, FL 33462 Title SEC/VP WEST,MATTHEW F 820 NORTH 4TH STREET LANTANA,FL 33462 Annual Reports Report Year Filed Date 2016 01/26/2016 2016 02/22/2016 2017 01/06/2017 Document Images 05/01/2017—Rea.Agent chariot. View image in PDF format 01106/2017--ANNUAL REPORT View image in PDF format 02122/2016--AMENDED ANNUAL REPORT View image in PDF format 01/26/2016—ANNUAL REPORT View image in PDF format 01/07/2015--ANNUAL REPORT View image in PDF format 01/24/2014--ANNUAL REPORT View image in PDF format 01/03/2013--ANNUAL.REPORT View image,in PDF format 01/0512012--ANNUAL.REPORT View image in PDF format 01/07/2011--ANNUAL REPORT View image in PDF format 01/04/201 G--ANNUAL REPORT View mage in POE format 01/05/2009--ANNUAL REPORT View:mage in POE format 01/05/2006--ANNUAL REPORT View image in PDF format 01129/2007--ANNUAL REPORT View image in PDF format 01/18/2006—ANNUAL.REPORT View image in PDP format 01/04/2005—ANNUAL REPORT View image in PDF format 01/07/2004--ANNUAL REPORT View image in POE format 01/08/2003--ANNUAL REPORT View image in PDF format 0/124/2002--ANNUAL REPORT View image in PDF format 01/10/2001--ANNUAL REPORT View image in PDF format 02/24✓2000--ANNUAL REPORT View image in PDF format 03/1211999--ANNUAL.REPORT View image in PDF format 02/16/1998--ANNUAL REPORT View image in PDF format 03/11/1997--ANNUAL REPORT View image in PDP format (:C4/QL;112.96_.-.-A,NNU(tl,,F„',EF_t,)F;T View image in PDF format 04/19/1995--ANNUAL REPORT View:mage in POE format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/9/2018 1 4A LICENSES - DEPARTMENT OF BUSINESS 8 PROFESSIONAL REGULATION RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION raR e t` CONSTRUCTION INDUSTRY LICENSING BOARD r LICENSE NUMBEN� r C8C057038 g' The BUILDING CONTRACTOR Named below IS CERTIFIED �' Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 I •MORGAN,MARTHA ANN a °.. oI WEST CONSTRUCTION INC - y, S10 UITE UTHDIXIEHWY ac ; 4-5 LAKE WORTH FL 33460 • ' h�'+• �. u. ISSUED: O1a1ra01s DISPLAY AS REQUIRED BY LAW SFAS L1607210001064 RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER C0C 1 b 16626 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 WEST,MATTHEW FIELDEN ;r © WEST CONSTRUCTION INC �. 318 S DIXIE HWY Z . +; STE 4-5 „:" LAKE WORTH FL 33460 1 • .oh' ISSUED: 06110!2016 'DISPLAY AS REQUIRED BY SEQ II L1608180002386 W xkura�' .,..,,......,,..., .,wr ......a F rtrt.... . ..:. .....w.r ...:. .,., 4146: MARCO ISLAND EXECUTIVE AIRPORT(MKY)NEW TERMINAL&SITE AMENITIES / SOLICITATION NO.18-7240 BOARD OF COUNTY COMMISSIONAERS,COLLIER COUNTY 1 4 A 1 BID SCHEDULE Marco Island Executive Airport New Terminal &Associated Improvements Bid No. 18-7240 "Also attached hereto, following this page" 13 Construction Services Agreement:Revised 06152017 1 4 A 1 Project No: 18-7240 Project Title: MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS BID TABULATION Date: 11/21/2017 BIDDER: West Construction BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST SITE BASE BID 1 M-110-1 Mobilization LS 1 $452,000.00 $452,000.00 2 M-110-2 Safety,Security,and Traffic Control DAY 365 $68.00 $25,000.00 3 M-110-3 SPCD LS 1 $10,000.00 $10,000.00 4 -- New Terminal Building-Base Bid -- - -- SEE BELOW 5 P-120-1 Remove Existing Water Main LF 1,250 $15.45 $19,312.50 6 P-120-2 Remove Existing 12-Inch Effluent Main LF 480 $21.46 $10,300.80 7 P-120-3 Remove Existing Force Main LF 420 $20.11 $8,446.20 8 P-120-4 Abandon and Grout Existing 12-Inch Effluent Main LF 1,260 $28.77 $36,250.20 9 P-120-5 Abandon and Grout Existing Force Main LF 370 $9.26 $3,426.20 10 P-120-6 Miscellaneous Demolition LS 1 $2,987.00 $2,987.00 11 P-125-1 Asphalt Milling,2-Inch Nominal Depth SY 100 $8.45 $845.00 12 P-125-2 Miscellaneous Concrete Pavement Removal SY 50 $9.00 $450.00 13 P-125-3 Full Depth Asphalt Pavement Removal SY 3,100 $6.75 $20,925.00 14 P-151-1 Clearing and Grubbing SY 14,500 $1.00 $14,500.00 15 P-151-2 Fence Removal LF 1,600 $4.80 $7,680.00 16 P-152-1 Embankment in Place CY 370 $14.10 $5,217.00 17 P-152-2 Borrow Excavation(Select Material Offsite) CY 10,500 $11.50 $120,750.00 18 P-152-3 Muck Unsuitable Excavation CY 2,000 $15.00 $30,000.00 19 P-152-4 Subgrade Compaction,8-Inch Depth(95%Compt SY 3,900 $3.50 $13,650.00 20 P-156-1 Temporary Pollution,Erosion,and Siltation Contro LS 1 $26,405.00 $26,405.00 21 D-701-1 18"Reinforced Concrete Pipe,Class III LF 330 $93.64 $30,901.20 22 D-701-2 24"Reinforced Concrete Pipe,Class III LF 330 $124.85 $41,200.50 23 D-701-3 30"Reinforced Concrete Pipe,Class III LF 55 $159.18 $8,754.90 24 D-751-1 FDOT Type 8 Manhole EA 2 $4,944.00 $9,888.00 25 D-751-2 FDOT Type G Ditch Bottom Inlet EA 6 $2,626.00 $15,756.00 26 D-752-1 FDOT 30-Inch Mitered End Section EA 1 $2,575.00 $2,575.00 27 F-162-1 7-foot High Chain-Link Fence with Barbed Wire LF 300 $39.60 $11,880.00 28 T-904-1 Sodding SY 13,400 $2.52 $33,768.00 29 FDOT-160-1 Subgrade Stabilization,12-Inch Depth(100%Corr SY 3,900 $5.00 $19,500.00 30 FDOT-285-1 FDOT Index No.514,Optional Base Group 5 SY 3,900 $16.43 $64,077.00 31 FDOT-334-1 Superpave Asphaltic Concrete TON 900 $118.00 $106,200.00 32 FDOT-711-1 Thermoplastic Traffic Stripes SF 120 $16.00 $1,920.00 33 260500-1 FPL Bypass for Existing Terminal LS 1 $13,000.00 $13,000.00 34 260500-2 Communication Bypass for Existing Terminal LS 1 $16,000.00 $16,000.00 35 331100-1 Temporary Utilities LS 1 $15,000.00 $15,000.00 36 331100-2 Connect To Existing MIU Main with Valve EA 1 $8,650.00 $8,650.00 37 331100-3 Relocate MIU 8-Inch BFP/Master Meter Assembll EA 1 $8,253.00 $8,253.00 38 331100-4 2-Inch PVC Pipe,Water Main(Incl.Fittings) LF 790 $17.51 $13,832.90 39 331100-5 1-Inch HDPE Pipe,Water Main(Incl.Fittings) LF 170 $17.51 $2,976.70 40 331100-6 6-Inch PVC Pipe,Fire Main(Incl.Fittings) LF 50 $49.44 $2,472.00 41 331100-7 8-Inch PVC Pipe,Fire Main(Incl.Fittings) LF 630 $52.32 $32,961.60 42 331100-8 Hydrant Assemblies with 6-Inch Connecting Piping EA 2 $5,150.00 $10,300.00 43 331100-9 8-Inch Gate Valves&Box EA 3 $2,060.00 $6,180.00 44 331100-10 8-Inch PVC Pipe,Off-site Water Main Extension(I LS 1 $126,000.00 $126,000.00 45 333216-1 Package 2-HP Lift Station And Control Panel EA 1 $56,650.00 $56,650.00 46 333216-2 Electrical Power And Breaker Box LS 1 $10,500.00 $10,500.00 47 333400-1 Water Main Demolition And Temporary Service B1 LS 1 $12,850.00 $12,850.00 48 333400-2 12-Inch PVC Pipe,Effluent Main(Incl.Fittings) LF 700 $77.25 $54,075.00 49 333400-3 12-Inch Gate Valve&Boxes(Incl.Shutdowns)(Ef EA 2 $4,120.00 $8,240.00 t 1 4 A 1 Project No: 18-7240 Project Title: MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS BID TABULATION Date: 11/21/2017 BIDDER: West Construction BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST 50 333400-4 Force Main Demolition And Temporary Service B; LS 1 $10,680.00 $10,680 00 51 333400-5 Connect To Existing MIU Force Main with Valve EA 1 $1,030.00 $1,030.00 52 333400-6 2-Inch PVC Pipe,Force Main(Incl.Fittings) LF 320 $20.60 $6,592.00 53 333400-7 2-Inch HDPE Pipe,Force Main(Incl.Fittings) LF 690 $20.60 $14,214.00 54 333400-8 Precast Concrete Sanitary Manhole EA 3 $4,944.00 $14,832.00 55 333400-9 8-Inch PVC Gravity Sewer LF 240 $77.25 $18,540.00 56 333400-10 6-Inch PVC Lateral LF 170 $61.80 $10,506.00 57 333400-11 Isolation/Check Valve Vault EA 1 $450.00 $450.00 58 333400-12 Connect To Existing Civil Air Patrol Lift Station EA 1 $4,500.00 $4,500 00 TOTAL-SITE BASE BID $1,633,850.70 4 NEW TERMINAL BUILDING BASE BID' 1.0 GENERAL CONDITIONS,INSURANCES,&OH&P #REF! $979,944 3.0 CONCRETE #REF! $691,749 4.0 MASONRY #REF! $106,300 5.0 METALS #REF! $698,569 6.0 CARPENTRY,MILLWORK,CABINETRY&WALL PANELS #REF! $227,173 7.1 THERMAL AND MOISTURE PROTECTION #REF! $58,132 7.2 ROOFING,FLASHING&SHEET METAL #REF! $329,200 8.1 DOORS,FRAMES&HARDWARE #REF! $74,740 8.2 STOREFRONT,CURTAIN WALL,WINDOWS,GLASS&GLAZING #REF! $364,430 9.1 DRYWALL,STUCCO&EXTERIOR FINISH SYSTEMS #REF! $416,853 9.2 TILE AND FLOORING #REF! $246,999 9.3 ACOUSTICAL CEILINGS #REF! $36,516 9.4 PAINTING #REF! $76,755 10.0 SPECIALTIES #REF! $94,728 11.1 APPLIANCES #VALUE! incl 11.2 SUN CONTROL DEVICES #REF! $20,450 12.0 WINDOW TREATMENTS #REF! $0 14.0 CONVEYING SYSTEMS #REF! $62,418 15.1 FIRE SPRINKLERS #REF! $58,875 15.2 PLUMBING #REF! $156,400 15.3 HVAC #REF! $685,000 `16.1 ELECTRICAL,FRE MARK TEUDATA&SECURITY #REF! $1401,150 16.2 LIGHTNING PROTECTION #REF! $17,300 #REF! TOTAL-NEW TERMINAL BUILDING BASE BID #REFI $6,803,681.00 s/ TOTAL-SITE AND NEW TERMINAL BUILDING BASE BIDS $8,437,531.70 14A1 Project No: 18-7240 Project Title: MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS BID TABULATION Date: 11/2112017 BIDDER: west Construction BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST BID ALTERNATES: SITE BID ALTERNATE 1- PARKING LOT CONSTRUCTION 59 P-151-1 Clearing and Grubbing SY 8,800 $1.15 $10,120.00 60 P-152-1 Embankment in Place CY 4,300 $16.13 $69,359.00 61 P-152-2 Borrow Excavation(Select Material Offsite) CY -10,000 $13.77 ($137,700.00) 62 P-152-4 Subgrade Compaction,8-Inch Depth(95%Comps SY 3,600 $4.00 $14,400.00 63 P-152-5 Borrow Excavation(A-3 Pond Material Offsite) CY 8,400 $13.72 $115,248.00 64 P-156-2 Additional Temporary Pollution,Erosion,and Siltat LS 1 $5,881.00 $5,881.00 65 D-701-2 24"Reinforced Concrete Pipe,Class III LF 70 $147.23 $10,306.10 66 D-701-3 30"Reinforced Concrete Pipe,Class III LF 170 $177.11 $30,108.70 67 D-751-1 FDOT Type 8 Manhole EA 1 $5,491 00 $5,491.00 68 D-752-2 FDOT 24-Inch Mitered End Section EA 2 $2,259.00 $4,518.00 69 D-752-3 FDOT Type H Ditch Bottom Inlet(Modified)(Large EA 2 $4,004.00 $8,008.00 70 D-752-4 Rip Rap,Broken Concrete 6"-18" SY 150 $68.64 $10,296 00 71 T-904-1 Sodding SY -3,400 $2.88 ($9,792.00) 72 FDOT-160-1 Subgrade Stabilization,12-Inch Depth(100%Corr SY 3,600 $5.72 $20,592.00 73 FDOT-285-1 FDOT Index No.514,Optional Base Group 5 SY 700 $18.80 $13,160.00 74 FDOT-285-2 FDOT Index No.514,Optional Base Group 1 SY 2,900 $11.44 $33,176.00 75 FDOT-334-1 Superpave Asphaltic Concrete TON 500 $140.40 $70,200.00 76 FDOT-520-1 Concrete Curb,Type D LF 2,800 $10.98 $30,744 00 77 FDOT-522-1 Concrete Sidewalk,4-Inch Depth SY 930 $58.82 $54,702.60 78 FDOT-700-1 Single Post Sign EA 14 $455.00 $6,370.00 79 FDOT-700-2 Relocation of Existing Parking Lot Sign EA 6 $75.00 $450.00 80 FDOT-710-1 Painted Traffic Stripes SF 1,300 $3.00 $3,900.00 81 FDOT-711-1 Thermoplastic Traffic Stripes SF 1,000 $4.00 $4,000.00 Parking Lot LED Fixture/Pole/Foundation 82 265600-1 Assembly,25-foot Pole with Foundation,Installed EA 10 $3,266.00 $32,660.00 Complete Parking Lot LED Fixture/Pole/Foundation 83 265600-2 Assembly,20-foot Pole with Foundation,Installed EA 2 $1,830.00 $3,660 00 Complete 84 265600-3 Parking Lot Electrical Infrastructure LS 1 $8,351.00 $8,351.00 85 328400-1 Irrigation System LS 1 $41,429.00 $41,429.00 86 329300-1 Trees&Palms LS 1 $46,654 00 $46,654.00 87 329300-2 Shrub Plantings LS 1 $15,721.00 $15,721.00 TOTAL-SITE BID ALTERNATE 1 SITE ALT 1 -• Parking Lot Construction •- -- TOTAL $522;013.40' SITE BID ALTERNATE 2 SITE ALT 2 AL-100 Airport Entrance Sign AL 1 $50,000.00 $50,000.00 SITE BID ALTERNATE 3 SITE ALT 3 AL-200 FP&L Allowance AL 1 $40,000.00 $40,000.00 SITE BID ALTERNATE 4 CITE ALTO A✓=-299 --- - - -- -- -- --•.__ :• _ .. AL 4. $400,,000.00 NOT ACCEPTED SITE BID ALTERNATE 5 SITE MTS AL-400 - "--- -'---- =- A6 4 146,000.00 NOT ACCEPTED TOTAL-ACCEPTED SITE BID ALTERNATES-ALTERNATES 1,2,and 3 $612,013.40 14A1 Project No: 18-7240 Project Title: MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS BID TABULATION Date: 11/21/2017 BIDDER: WestConstroction BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST TERMINAL n Rr,nTC 1 • °m T1 :: • .. - _.-: LS 4- -�—n"111nn " ,—�w NOT ACCEPTED sl-sTERMINALn A TERNnTE n BLOC ALT 2 LS 4 $223,135.00 NOT ACCEPTED TERNnTc z BLOC ALT3 ---. -- LS 4 6408,44340 NOT ACCEPTED TERMINAL ADD ALTERNATE 4 add 1668 GSF of Interior space BLDG ALT 4 Add Interior Improvements of the second floor of the LS 1 $114,022.00 North Wing as indicated on the drawings - s s - - 4 “344S-20 NOT ACCEPTED TERMINAL ADD ALTERNATE 6 no change in GSF-Exterior Space BLDG ALT 6 Furnish and Install all Freestanding Furniture and LS 1 $232,696.00 Appliances as indicated on the drawings BLDG ALT 7 - - - - - -- - -- - - - LS 4 $305,683.00 NOT ACCEPTED 249 add 1200 sf to GFS-NOT APPLICABLE IF ALTERNATE#3 is taken TOTAL-ACCEPTED TERMINAL BUILDING ALTERNATES-ALTERNATES 4 and 6 I $346,718.00 $9,396,263.10 1 4 A 1 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: West Construct'/ 771 Signature: ' �' , : - Date; 11/21/2017 Martha A.Morgan,President 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 06152017 14A1 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 Alpha Electric Services,Inc. 935 Rosea Court Naples,FL 34104 2. Mechanical Conditioned Air 3786 Mercantile Ave. Naples,FL 34104 3. Plumbing J.R.Swanson Plumbing Co., Inc. 686 Stonecrest Lane,unit 1 Cape Coral,FL 33909 4. Site Work Slazar Construction&Plumbing,Inc 11400 Overseas Hwy,# 103 Marathon,FL 33050 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: West Constru ',G n,Inc L4, Signature: Date: 11/21/2017, Martha A. Morgan,President 15 Construction Services Agreement:Revised 06152017 1 4 A 1 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five(5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference (include phone#or email address) John Doherty,Assistant Director of Public 1, DB Fire Station#78 Works/City Engineer Tamarac,FL John.Doherty@tamarac.org/PH:954-597-3706 Sean S.Holway,P.E.,Project Manager 2. AUTEC Federal Building-SSA Build Out West Palm Beach,FL SHolway@akeainc.com/PH: 352-474-6124 Public Safety Complex Exterior Building Horacio Danovich,CRA Engineer 3, Improvements&Emergency Generator Installation Pompano Beach,FL horacio.danovich@copbfl.com/PH:954-786-7834 Broward County Public Safety Complex for Luis Seta,Project Manager 4. Buildings 2,3,4,&5 Wind Mitigation Fort Lauderdale,FL lseta{rbroward.org/PH: 954-357-7383 Marc Celetti,Fire Chief/Fire Code Official 5. DB New Fire Station#110 Lauderhill,FL mceletti@lauderhill-fl.gov/PH:954-730-2950 Coconut Palm Fire Station#70 Angel Lamela, 6. Miami,FL Facilities&Construction Division Chief angel.lamela@miamidade.gov/PH: 786-331-4502 Company: West Construction,Inc. Signature: } 119/g4 1#-2X1) /12 Date: 11/21/2017 Martha A. Morgan,President c.. 16 Construction Services Agreement:Revised 06152017 i i i 3 14Ai 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. Sloped LF 1,050 $5.00 $5,250.00 2. 3. 4. 5. TOTAL$5,250.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: West Consttuctioj,Inc.,., Signature :. - Date: 11/21/2017 Martha A.Morgan, 'resider 17 Construction Services Agreement:Revised 06152017 1 4 A CoClier Cormitv A0,110ve cru rX1,1,1f tee 7t Immigration Law Affidavit Certification Solicitation: 18-7240 Marco Island Executive Airport New Terminal&Associated improvements This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP) submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify prostram. 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 West Construction,Inc. Print Name Martha A. Morgan Title President Signature .._. Date 11/21/2017 State of Florida County of Palm Beach The foregoing instrument was signed and acknowledged before me this 21st day of November ,Y017 , by ha A.Moran (print or type name)who has produced Known to Me (t,• identification-a id-my-Fiber) as id:ntification. 4,41 A f , . N. ary P r%`lic Signa RACQUEL J.BARRETT acque J. Barrett , x MY COMMISSION f FF 236934 Printed Name of Notary Publics �4 EXPIRES:June 3,2019 144,0F,tte Bonded TnwBudget Notary Services FF 236934/June 3,2019 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 18 Construction Services Agreement:Revised 06152017 14A1 Employer•Wizard Page 1 of 1 atr4;a... %k everify „2, ISA e yds. y>` %Velaomo User 1D Last Logh, Employment Eligibility Verification MARTHA MORGAN MMOR0505 02'30 PM-1111512012 Log Out Click any etfor help Hum. Company Information My Cabot Nry Case Vtaw Cases Company Name: WEST CONSTRUCTION,INC. Vita it It ;;:.. Str trz:tt Cstuas Company ID Number: 408927 } My Pith Doing Nosiness As(013A) E«t4 Prssiee Name: Clampi as yatsl DUNS Number: 069163897 Chs” '°rsorrty i;Putst;or>a Physical Location: Mailing Address: My company .Address 1: 318 SOUTH DIXIE 11I0FIWAY Address 1: Fit Companyl"nsttle Address 2: SUITE 4-5 Address 2: Add Nero Hans City: LAKE WORTH City: V (-mat?nt0 Wane State: Ft. State: Zip Code: 33460 Zip Code: (;lass Company Arzmnt County: PALM BFACI My Repot LI, Vtiw Ravens Additional information: My Ranntewss Employer identification Number:591809008 Vo,,v Ers(m0a1Rs..nomes Tote!Number of Employees: 20 to 99 i ttko Tolman Parent Organization: View User Manual Administrator: Organization Designation: Contact Us Employer Category: None of these categories apply NAICS Code: 236-CONSTRUCTION OF BUILDINGS ,VieW f Edit 1 Total HlrIng Sites: 1 Vit IEIt Total Points of Contact: 4 View!Edits U S O np etts'rrt<4 91 5leamIf=ex.a Uy-www.d a gay 05 Lem-naot)and,e,5p at1n,s&ssow" we w nun 555 AtAst stAoty O5^.rar,,azt+,'swam https://e-verify.uscis.gov/emp/EmployerWizard.aspx 11/15/2012 14A1 E-Verily , li,,iii Yyye Company ID Number: 408927 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 (DHS) and WEST CONSTRUCTION, INC. (Employer) regarding the Employers 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 or to verify the entire workforce if the contractor so chooses. 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. § 1324a 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 with the FAR E-Verify clause") 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 Page 1 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1481 E- er 7 Company ID Number: 408927 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). 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.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non-citizens 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 DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct,to the extent authorized by this MOU: •Automated verification checks on employees by electronic means,and • Photo verification checks(when available) on employees. 2. DHS 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 names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS 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 of Special 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 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 employees' employment eligibility and for evaluation of the E-Verify program, 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 Page 2 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 E- eri , r, -- 4*1\\''''' Company ID Number: 408927 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 nonconfirmation of employees'employment eligibility within 3 Federal Government work days of the initial inquiry. 8. OHS 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. 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: • 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)(8))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 OHS 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 photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 14 I E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify 14 Al E /Me&, e"--* Company ID Number: 408927 and written information. 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. 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 2748 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 good faith 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 and E-Verify system 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 the Form 1-9 has 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, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. 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. 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 II.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 Page 4 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1 4 A 1 _ tJ E_ �k9Fb Company ID Number: 408927 uses the E-Verify system 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 III. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking 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(l)) 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 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 274B of the INA, as applicable, 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 274B 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- Page 5 of 14 I E-Verity MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 1 4A 1 s-VeriFy k, fi. ,,, Ito i ,..... t„.„„ ,:,7; 4r , , Company ID Number: 408927 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 OHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as 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 OHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22A8 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. 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 with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify 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, Page 6 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Ever_ 4„, F Company ID Number: 408927 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 with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract,whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify 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. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify 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 with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause 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 with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article ILD, 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. f.Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause 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 new employees and those existing 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. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Page 7 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 E-VeriFy Company ID Number: 408927 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 Il.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 Supplemental Guide for Federal Contractors. 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 with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, 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. 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 notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 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 Page 8 of 14 I E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify 1 4 A 1 ErOM � , ,„..,SkiNt ` :,iiiiih• W„�w Company ID Number: 408927 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 DWS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 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. The Employer must review the tentative nonconfirmation with the employee in private. 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-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, 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. DHS 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 DHS for review by: •Scanning and uploading the document, or •Sending a photocopy of the document by an express mail account(paid for at employer expense). 7. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify,the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 E-VeriFy ,,, , „„„,„ ..44 4% ,,,,. „..,?,,,,g. Company ID Number: 408927 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 E- Verify, 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 DHS 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. DHS 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, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause 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 with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause 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 participants that are not Federal contractors with the FAR E-Verify clause,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 DHS 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 with the FAR E-Verify clause, 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 DHS 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. Page 10 of 14 I E-Verify MOU for Employer I Revision Date 09/01/00 www.dhs.govlE-Verify 14A1 tJ, xs'i.;�. „z., ,,,j, ,iii,,,,,,, ,,::: „,„,),11,,, ,,,, Company ID Number:408927 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 DHS 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. Page 11 of 14 I E-Verlfy MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 . _ye .. r E ,, t, ,Asr ,..,',,, Company ID Number: 408927 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 WEST CONSTRUCTION,INC. MARTHA MORGAN Name(Please Type or Print) Title Electronically Signed 04/15/2011 Signature Date Department of Homeland Security—Verification Division USCIS Verification Division Name(Please Type or Print) Title Electronically Signed _04/15/2011 Signature Date Information Required for the E-Verify Program Information relating to your Company: Company Name:WEST CONSTRUCTION,INC. Company Facility Address:318 SOUTH DIXIE HIGHWAY SUITE 4-5 LAKE WORTH,FL 33460 - Company Alternate Address: County or Parish: PALM BEACH Employer Identification Number: 5918080613 Page 12 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 E IMO ,':Skt.' 4 ITIkv-* 14111V Company ID Number: 408927 North American Industry Classification Systems Code: 236 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: Arc you verifying for more than I site?If yes,please provide the number of sites verified for in each State: • FLORIDA I site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: EMRAH ALTUN Telephone Number (561)588-2027 ext.25 Fax Number: (561)582-9419 E-mail Address: aaltutr(i westconsti•uctioninc.net Name: MARTHA A MORGAN Telephone Number: (561)588-`2027 ext.15 Fax Number: (561)582-9419 E-mail Address; marnurgan rr tivestconstructioninc.net Name: ROBIN II MEYER Telephone Number; (561)588-2027 ext.14 Fax Number: (561)582-9419 E-mail Address: rmeycr ,westconstructioninc.nef Name: MARIE T WEST Telephone Number: (561)588-2027 ext.20 Fax Number: (561)582-9119 E-mail Address: tntwest@westconstructiouinc.net Page 13 of 14 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 14A1 eex fi4e. U1111) .,.. Company ID Number: 408927 Page 14 of 14 I E-Verify MOU for Employer(Revision Date 09/01/09 www.dhs.gov/E-Verify 1 4 A 1 Co''' icr County mpost tv,,nesu+re s Cklr:st i e i 1'r:xF E,,cs`t5 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 West Construction, Inc. (as shown on income tax return) Business Name Same as above (if different from taxpayer name) Address 820 North 4th Street City Lantana State FL Zip 33462 Telephone 561-588-2027 FAX 561-582-9419 Email Inamorgan@westconstructioninc.net Order Information Remit/Payment Information Address 820 North 4th Street Address 820 North 4th Street City Lantana State FL ,Zip 33462 City Lantana State FL Zip 33462 FAX 561-582-9419 FAX 561-582-9419 Email rnamorgan@westconstructionine.net Email mamorgan@westconstructioninc.net 2. Company Status(check only one) Individual/Sole Proprietor ✓ 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 feporting purposes only) Federal Tax Identification Number(TIN) 59-1809068 (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 penury, I certify that the information shown on this form is correct to my knowledge. Signature �� t ✓l'27 -- ----- Date 11/21/2017 Title Martha A. Morgan,President Phone Number 561-588-2027 19 Construction Services Agreement:Revised 06152017 1 4 A 1 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 Three Hundred Twenty (320) 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 Forty-five (45) 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 Palm Beach Martha A. Morgan , 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. Martha A. Morgan , 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 West Construction, Inc. , and the full names of its officers are as follows: President Martha.A.Morgan Secretary Matthew F. West Treasurer Martha A. Morgan Manager N/A 20 Construction Services Agreement:Revised 06152017 14A1 The President is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: N/A (c) Individual N/A 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 11/21/2017 West Construction,Inc. Legal Entity BY: Martha A. Morgan Witness Name of Bidder Typed / #71z Witness Signature President Title 21 Construction Services Agreement:Revised 06152017 14A1 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 21st day of November , 20 17 , by Martha A. Morgan as President of West Construction,Inc. , a Florida corporation, on behalf of the corporation. He/ he ' er alI kno n to me or has produced as identification and did (did.. t)take an oat ''''� . My Commission Expires: d t ijmzek,. June 3, 2019 igna,ff a of Not.r NAME: Racquel J. .nett (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida o,rRY PUgIt., RACQUELJ,BARRET' Commission No.: FF 236934 MY COMMISSION t FF 236934 EXPIRES:June 3,2019 h, r DondedlhruBOO Notary S lo 4kOf er+ 22 Construction Services Agreement:Revised 06152017 14A1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we West Construction, Inc. (herein after called the Principal) and Philadelphia Indemnity Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Pennsylvania with its principal offices in the city of Bala Cynwyd and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners Collier County,Florida (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 5%of Amount Bid ) 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. 18-7240 Marco Island Executive Airport New Terminal &Associated Improvements. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%of Amount Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly . signed and sealed this 21st day of November , 20 17 . West Construct'on,Inc. Principal �� sy BY 41/4/ Alla A.Morgan, President (Seal) Philadelphia ndemnity Insurane- ompany Surety Warren M. Alter,Attorney-in-Fact (Seal) Countersigned t Warren M. Alter,FL Resident Agent Local Resident Producing Agent for Alter Surety Group,Inc,, Warren M. Alter 23 Construction Services Agreement:Revised 06152017 14A1 403 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004.0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satine.Warren M.Alter and Jonathan A.Bursevieh of Alter Surety Croup,Inc..its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25.000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016. RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of the Company:(1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS I4Tn DAY OF NOVEMBER,2016. t> 417v 61,A .. 7 4 1927 1 ,. • S kft—'44-mAj`'''SLCD.c—y aaa` (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 14`s day of November,2016,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. coNNONWIALTN OF,PINOSVMu Notte{al to Nora Nawtr4,Notary 150115 Low Woo Twp., „Narw.w.�tn+a.A 1 etu33Y CONnItf 0n Wins]so. 103 uusula a-wawa ry\ Yhw`K^ 1 10 t q_t Notary Public: {hl residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: January 8,2018 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14th day of November,2016 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this2 1 Stday o1 oveRtber,2017 . 92 i # Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 14A1 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. Grant Required Bid Forms. (Certification regarding Debarment; Acknowledgement of Grant Terms and Conditions). 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10. Exhibit N—Contractor's Key Personnel Assigned to the Project 11..Any addenda have been signed and included. 12.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. West Construction,Inc. Bidder Name t -ti -4 ` , President 'I 1/2017 Signature&Title Date Martha A. Morgan 24 Construction Services Agreement:Revised 06152017 14A1 GRANT CERTIFICATIONS AND ASSURANCES 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. Acknowledgement of Grant Terms and Conditions 14A1 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 (l)(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. Marco Island Executive Airport New Terminal Martha A.Morgan &Associated Improvements Name Project Name President 18-7240 Title Project Number West Construction,Inc. 59-1809068 Firm Tax ID Number 06-916-3897 DUNS Number 820 North 4th Street,Lantana,FL 33462 Street Address, City, State,Zip ibrift4 2/, le ff Signature Martha A. Morgan,President �" 14A1 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 West Construction, Inc. Date 11/21/2017 *If) 2 Authorized Signature /ht4.."-. Address 820 North 4th Street,Lantana,FL 33462 Solicitation/Contract If 18-7240 14A1 Page 1ofI Email: jimflanagan@colliergov.net CO ler Captrity Telephone: (239)252-8946 Actrrunistrative Services DIVISiOn xl.Jrchcrnfng ADDENDUM#1 Memorandum Date: October 23, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#1 — 18-7240 MKY New Terminal &Associated Amenities 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: A note confirming the mandatory pre-bid date,time and location.: Collier County hereby advertised for the construction of the Marco Island Executive Airport(MKY)New Terminal & Associated Improvements Project located in Collier County, Florida, for sealed bids to be received no later than November 21,2017 at 2:30 pin, local time. A MANDATORY pre-bid meeting will be held on Octofier.°30th at 9:00 a.m. at Marco Island Executive Airport Conference Room for this solicitation. Prospective bidders must register on www.colliergov.net/purchasing g by clicking on. Vendor Registration. Once registered, interested parties may obtain a complete set of documents at: www.colliergov.net/bid Note: This note is issued to reflect corrections in the Legal Ad published in the Naples Daily News on October 19th and October 20th,and subsequently corrected on October 24th The information provided in the solicitation document on the County On-line Bidding System was and is correct. Please acknowledge receipt of this Addendum with your bid proposal. if i , 'G Signature Martha A.Morgan, President West Construction, Inc. 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 of 1 1 4 A 1 <: Email: jimflanagan@colliergov.net O 1, 014/jty Telephone: (239)252-8946 ,' . . F Admf t t1atNe Servl Down n Purchasit ADDENDUM#2 Memorandum Date: October 26, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#2— 18-7240 MKY New Terminal &Associated Amenities 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: The attached preliminary FP drawings have been issued via Addendum for informational purposes only,and are not part of the contract documents.The fire protection contractor shall issue complete fire protection shop drawings for approval in accordance with all applicable codes as part of the submittal process.The shop drawing submittal shall include hydraulic calculations,current flow test data,all products and materials proposed for fire protection system, fire protection plans,and details. Attachment:F001 F101,F102,F501,F502 for informational purposes only Please acknowledge receipt of this Addendum with your bid proposal. -7// 7/7113 . Signature Martha A.Morgan,President West Construction,Inc. Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. Page l of 1 1 4 A 1 Email: jimflanagan©colliergov.net Cotter County Telephone: (239) 252-8946 Acinvistratve Services()vision Piarthaaiuq ADDENDUM#3 Memorandum Date: November 08, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#3— 18-7240 MKY New Terminal &Associated Amenities 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: A. Changes, revisions and corrections reflected in the attached documentation o Addendum#3—Summary of Changes o Addendum #3—Spec—TOC Table of Contents o Addendum #3—Spec—085113 o Addendum #3—ARCHITECTURAL DRAWINGS o Addendum#3—CIVIL DRAWINGS A Addendum#3—Revised Bid Schedule A. Attached for informational purposes only: Geotechnical Report D Also attached: 10-30-17 Pre-bid Agenda, Minutes and Sign-in • Bidders Questions and Answers: o The Deadline for Bidder's Questions will close Thursday November 9 at 5:00 pm. All Bidder's Questions are to be submitted on-line through the Collier County Online Bidding System. Answers will be provided on-line. Please refer to Solicitation 18-7240 MKY New terminal & Associated Amenities — Q&A. Questions and Answers are hereby incorporated as part of the bid. Please acknowledge receipt of this Addendum with your bid proposal. al, a 272 Signature , Martha A. Morgan,President West Construction,Inc. 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 of 1 1 4 A 1 Email: jimfianagan@colliergay.net 0ounty Telephone: (239)252-8946 /administrative Services DVISiOCI Pufehastog ADDENDUM#4 Memorandum Date: November 14, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum#4— 18-7240 MKY New Terminal &Associated Amenities 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: ➢ LEED Certification is not applicable to this project. Delete reference to LEED Certification throughout the Project Manual, including but not limited to Section 018113(Sustainable Design Requirements) and associated LEED Checklist, Paragraph 1.01.H (Submittals) of Section 042200 and Paragraph 1.6.G (LEED Submittal) of Section 017419. > Bidders Questions and Answers: o The Deadline for Bidder's Questions closed Thursday November 9 at 5:00 pm. All Bidder's Questions have been answered. Please refer to Solicitation 18-7240 MKY New terminal & Associated Amenities — Q&A. Questions and Answers are hereby incorporated as part of the bid. Please acknowledge receipt of this Addendum with your bid proposal. '2711,--/W Signature Martha A. Morgan, President I,. West Construction,Inc. Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. 1 4 A 1 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with West Construction, Inc. ("Contractor") of 820 North 41th Street, Lantana, Florida 33462, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Marco Island Executive Airport New Terminal & Associated Improvements, Invitation to Bid No. 18-7240 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins North America, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Nine Million Three Hundred Ninety-Six Thousand Two Hundred Sixty-Three Dollars and Ten Cents ($9,396,263.10) 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 Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at 25 Construction Services Agreement:Revised 06152017 1 4 A 1 www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred twenty (320) 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 forty-five (45) 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, Three Thousand Six Hundred Forty-Five ($3,645.00) 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 06152017 14A1 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 18-7240 Marco Island Executive Airport New Terminal &Associated Improvements. 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 Construction Services Agreement:Revised 06152017 14A1 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 and identified as follows: New Terminal Facility and Associated Improvements as shown on Plan Sheets 1 through 345 as identified per Cover Sheet and G.01.01. 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: Collier County Board of County Commissioners, Florida do Airport Authority 2005 Mainsail Drive, Suite#1 Naples, Florida 34114 Attention: Justin Lobb, Manager Telephone: (239) 642-7878 Email: Justin.Lobbci colliercountvfl.00v 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: West Construction, Inc. 820 North 4th Street Lantana, Florida 33462 Attention: Martha A. Morgan, President Telephone: (561) 588-2027 Fax: (561) 582-9419 Email: Mamorgan@westconstructioninc.net 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 28 Construction Services Agreement:Revised 06152017 1 4 A 1 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 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 06152017 14A1 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. **** 30 Construction Services Agreement:Revised 06152017 14A1 IN WITNESS WHEREOF. the parties have executed this Agreement on the dates) indicated below. CONTRACTOR: ITNESS5 West Constructio c. r� By: 1 4 dAi ,( ST WITN SS Martha A. Morgan, Preside ir Aurora Vega Print Name and Title Date Print Nam 3 SECOND WITNESS Marie T. West Print Name Date: 01-(010 t OWNER: ATTEST BOARD OF COU COMMISSIONERS OF COLLIER COU► Y F ,RIDA /IP/ , BY: A / ttest as io N`t [tfla11 S . rndy Solis, Esq.,Chairman • stgnntureonly;• Date: 2 13_lg ppr ved as to F TdLe ality: stant oun YAttorney Print Name Item# l -iffi Date Agenda a)(9L 1t - Date CRecd Deputy Clerk 3 Construction Services Agreement:Revised 06152517 rr , I4A1 ALTER SURETY GROUP, INC. Bond Department-Public Works Bond In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05 Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2) and 255.05(10)are incorporated in this bond by reference. Bond Number PB 1215990013 8 Contractor West Construction, Inc. Address& 820 North 4th Street Phone No. Lantana,FL 33462 (561) 588-2027 Surety Philadelphia Indemnity Insurance Company Address& One Bala Plaza, Suite 100 Phone No. Bala Cynwyd, PA 19004 610-617-7900 Owner Name Collier County Board of County Commissioners,Florida Address& 3327 Tamiami Trail East Phone No. Naples, FL 34112 239-642-7878 Contracting Public Entity (if different from the owner) Address& Phone No. Contract/Project Number Contract No. 18-7240 Project Name Marco Island Executive Airport New Terminal&Associated Improvements Project Location Marco Island Executive Airport;2005 Mainsail Drive;Naples,FL Legal Description And Street Address Description of Improvement: Marco Island Executive Airport New Terminal&Associated Improvements This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. 14A1 EXHIBIT Al;PUBLIC PAYMENT BOND Marco Island Executive Airport New Terminal&Associated Improvements Bond No.: PB12159900138 Cfmtcact No. *7240 7240 KNOW ALL MEN LW THESE PRESENTS: That West Construction,.Inc.. as. Principal, and Philadelphia Indemnity Insurance Company '• .as. Surety, located at One Bala Plaza; Suite 100;_Bala._Cynwyd.PA 19Q.04-1493 • (Business Address) are held and firmly bound to as Obligee in the sum of Nine Million Three Hundred Ninety-six Thousand Two Hundred Sixty-Three&10/100( 9 396 263 10 )for the payment whereof we hind 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 20 with Obligee fo€ . ... ;in accordance with. drawings and •specifications,:which contract'Is incorporated- ty reference arts macta:is pod hereof,; .is referred to herein the Contract... S C3 isthat ifPldlid al tVCTfN 11=: . ' V p kes:.aymlei( o :all c(al fs es._defined i`.n :Se ri ;eel ng rincip l with lab r ma rials or su°pit a (iceclfjf dr ti t ° y n p_[:t + jOs.000.r4iir Ofthe i i i, ed;for n the Ootnntt. itian,tt3is: d Is void, i. tt°rei r*lns.. = y;:_chan : :a unde h Contra t_and::compliance o `'ion mpi ane t11::i y fOrfr • .. ,:.4ponpdfactwith.the Gtntr`act or char es'donot affect Sureties-obligation.0 erthis • 'cher vtetdn*:i :this id the_`timeIi ltations° ` eon 2 _05(a)_ 10114):,,,0044.' • ::• t l' Su sty b liable Its: g r gate: o laimants for mor ran the l if.:suii s .` :. P 1 tB:oa,Bardle .:oft( :.n erofsuitsthattoaybefileitIiyclaimants. • re` is d .iii'=`�'i'IVi ��lll�IrRE ;.:ttie� i� _ eiteaited�tils'� i<_ rYel�:f(� - ::...;.-. party` i ng affixed::hold:t>� pi se duly signed by Its under-signed representative,pursuant toait oiity'of'lt govei ing`: y9' *The Board of County Commissioners.of Collier Couny;Florida • **Marco Island Executive Airport New Terminal&.Associated Improvements,Invitation to.Bid No.: 18-7240— The provisions and limitations of section 255.48 Florida Statutes;including but not limited to the nodes and flms limitations In Sections 255►O5(2))and 255.05(10),are Incorporated.*this.brine by ftference. 14A1 Signed,sealed and delivered in the presence of: APP PRINCIPAL A_ West Construction. Inc: • .. _ 1 / BY: - itnesses as to Principal: NAME:.Martha A.Mora rt ITS: _Pre§jdent STATE OF Florida COUNTY OF Miami-Dace___ __ The f. =g.tv ins `f me t,•.as acknowledged before e is . . day of 20 , b ��y�r/.. ' j/�. .�i.' r` i 2 ..s f / of 1%mare°c-' ' . a '• : � ._ . corp•oration, or• behalf of the. :i orpprati_pp�...I .4-17).13;s_ srsana3l�r known to „me 9l ., has .prod ced• :... >ae. tt ri leatton a+ d'(ted not)take.an oath: • • .. "• . 04:00 fWO'fl:. piles: .. natu� 'f:Nir ,: • :. „v,', AMRORAVEGA 1 • ` ;,..Notary Public-State of Florida • • .;. •, Commission k GG 172827 :. • __. , .., ��* My:Comin.Expires Jarr7, •2022 ( .• .(�;�ibiyN .' -`c BondedhroughNa;ionaiNotaryAssn. - . AF? + 1 . 1 } . ICtiiy11 . :�P . st • :- S=As Per Attached Power of Attorney '•• `'SURY'• • • • Phitaelphia_indemnity insurance_OQmaan. i!111X48f11 :. .::. ;.. • ••..... : -One B, Rfaza,Suite4OO. ••.. • :;. . A. /, -Ii :cr. ./I. • 0j i// • uthatlzsd Pi 000.0 . kJ' itIP .M.r M.Altakf lorida Resident A t_. • . l'9 -e8ta Bur I ;(.printed Name) Corlstiuctlon Services ASre r rl edO5l82d11 14A1 OR yi As Attomey in Fact l pi/ (Attach Power of Attorney) t,.1l_.1 ` % �� Warren M.Alter,Attorney-In-Fact Witr:esses :(Prirf0.01Nape) One Bala Plaza, Suite 100 B: .:Ojnwyd-,_PA 19004-1403 (Business Address) • • (610)206-7836..:.........._r._.__ l (170ephone-Number) • Florida _._.•... • • a ore o ng... ume t was .` t; t +ledged: -!::4:001* me ibis• _; .4 : hnA Attorney-In Fact- . of hiledeiphit Indemnity insurance Comp $Urety1:.o 1=:. :pry t;iet v.n • • • :_ • • - L►EItHfia • to or FIO001 N biles S .aro ell K of KeflY n ta FF 1646 0 1 • L It3Ey`PrInted).. or '..• Ex0res0813012018 • K 3TT1 t+ �S• : kl: : N•ota y f u •.. fete. .Florida ` .. • Commission.No. ...FF164600 • • • • • • Construction Services A.Osement.,Revl`sud 0:81810 • 1 4 A 1 64 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satine,Warren M.Alter and Jonathan A.Bursevich of Alter Surety Group,Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Th DAY OF OCTOBER,2017. .w. n • t 1927 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signaturel�(� were duly affixed. eope�iJwu.' ntawuh 5!1 O r !� 11�iLaw Meer coy*, Notary Public: ihrc...iaY.Bnxw sept K.ani residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27th day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ,20 1h7:1 m Edward Sayago,Corporate Secretary • PHILADELPHIA INDEMNITY INSURANCE COMPANY 14A1 i EXHIBIT A 2:PUBLIC PERFORMANCE BOND Marco Island Executive Airport New Terminal&Associated improvements Bond No. P812159900138 Contract No. 16.7240 KNOW ALL MEN BY THESE PRESENTS; That West Construction Inc. , .. • Philadel hia•Indemnit Insurance Company as � _PrlttClpa�f erad h �•�Y. • as Strtety located .. • at One Bala Plaza Suite 100 Bala C nw d PA 19004-1403 ... _ __ • (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida • 8S Obligee in the sum of Nine Million Three Hundred Ninety-Six Thousand Two Hundred._Sixty-Three& 'wino ($ 9,396,283.10 ) for the payment whereof we bond ourselves, out heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has. entered into a contract dated as Of the • day of Q with Obligee fair. .. . Marco Island Executive Airport New Terminal&,Associated Improvements,Invitatlon10 Bid•No.:18-7240. in !accopda with draw> g : d s eciti Botts;tNtitl t: ntra+ is°"I c. aated thy°r fiereince artd;• tl:tl do a part ht :andis referred to her ern asthe n c . •• .14—S4blipi:9.N.:OFT 39 {l 1S. otlf _4101 1 , .• •4. .: elE ri Contract at ttael ies�:a t _ man r::.p escribed:In t to tract art. �: !? '. Tart iltr b .. .., 11 ..:ss s 'es, costsband_::a _ y ::fes that Ob •ate.: . :e s tair edaul Of .:.def ilt_ ci -al l ttot he.Contra ;lrrduding# R:not=iinnited to,all ,.•.4.04404.0, ether li jitfi a rlx at 1,Inca l'ed:1: Obbg a ei e.. ntee: • l ,. ;, :.e.: t a: ``>ish:,: der_the Confirac Vii . ._. _.:.tfifie_.:_ Ski:the Contra thea.ti? •:bend:Is�;voi:d °o�ther_wi .i *Ott*:: n or and . oritra : nd;'c nplia ._off:mans ?}.ran' ;wi , anj.f16 :: :•- l ed with.•. e;.: ...tract•.#t#re.°changes d t hot t_ ureti qbilgaf lar atai erthlsB ..:. . •.. . . ..•.,'i<Tta-$#lf'�r. ��•�ualu;�-�t?esir�di:::iteTa>l�y:�tl`�u�tos:��tl�`ag.� >�: _ .. t , • • •• : .ti:hmer. alterations or-=:additis to: :_terms of #_he Contract .t..0(he worlt:7 be p imed ereunder;or,thespecifications referred tQ therein shall In.anywise affect its bligations VOW this bond,andlt:does hereby waive notice of a rysuch changes, extensions' 'time alterations, oraddittonstothe`terms,of!tltegotokot.o_r'toWO�Ot.• _the'speciflc�,ations'r: ::tt lment°deli:be -t nstrued••f: :gill. asp: comm on-law_bond. .;lo.,is expressly r pderst.. that= t :ol• yis t find;:s•CaCate• Qi`:110100060..-00.0t.00:0•:*• .i , F'lorrl l l; *: ha Toot apply:to his'bond . • _ • ee for... tin: ,aal surrr.:l f Irl_�olavertlt;Vr►le;f�:a!Sure�bo.1t>�t{er•ti�tho:aSdrrat�A�::ablig. . ;.,ndre�..__i_._. ;F�. ...:; �.,-._-:. this-Perforc•j•an• Bond regaar�dles s cif number of•cults that may be flied by Obligee: • . _ • 'IN ITNESS WHEREOF, •the ab:o .Miles::hav•e-executed th`ls ins trrierit;this.; • _".day 'qtr • af ed ,:°fila°nsrtte gip#l;at�. pat#yr being fixes and#hes>� presents �u� • signby`its-und•er ned•represe•ntative,pursuant to authority of Itsgoverning body Conslructlen 6eMc :Agreemetm Rsviaed R9ia2O17 1 4 A 1 • Signed,sealed and delivered in 0esen,4- • . PRINCIPAL West Construction. Inc__..-. C BY: as to Principal NAME; Martha A. Morgan ITS: President _ STATE OF Florida COUNTY OF Miami-Dade _. . The. foregoing instrument W=- ckno'led e► before me this day of , 2 by / �;, ' 1. / .iii as of r/�5 , 5'. , a : 4 corporation,, on behalf of the carooration. H sha is personally known ta.rr]e:'OR has.produced _ as tdentDfiOatian and:did(did:not)tale ate oath; - - ^.4;;;; .,, • A1RORA.V•EGA ( l ;: • . R, .. Notary Public-State of Florida iv •`: Commission#GG 172827 '' f` My Comm.Expires Jan.7,2022 I .kitiiB Me " „` Bontled t+rouprx N�aria P c arf Assn. 1 prtllt C. , Ai= OFFJ 1AL8EAt. Notary 'Ut1 c; S6t Lamm S¢to Noe.' . .. �� • • • I • 3 Construction Setyks8 A9rrestiboo-R ted 06182017 . ". . . : 1 4 A 1 ATTEST:As Per Attached Power of Attorney SURETY Philadelphia Indemnity Insurance Company (PrIntell Name) lac nw cm=1 _ ___.; ___,.,.., (341ries .Ad rep,,$).• . ••• - . r outtiorltedSignattire) ------, ‘,1",tes-L 4.ba • 2 yya-r2rILVI.±11911,52rkiseat82. itrtesses as to r y (Printed Name OR ---- --- ..,,,r. ., . y_if' "" •• • • • :A0,AttNiOiyin.facit. •..:. ....',. .:: •• : • - i 1 •:00401•Pc*Or*:OtAAt0.(00,41:-- 0 i / 1 r. . k . et . ... _ ........ ... .... .,.... . . . . . . , .. . • • • ••• - - •• • - • •••• - .. . . . ... . .. :... krifiL:roie •-•• 110;':‘ • •arr-- '.• ••: •::: ....Warreri M.Alter ... ..:.-.E'.'..:.. ....L.:......:.-...... •::.. ea8es ' .:4P*It04400.!'...:-....;': ..:*••..,-;;;.•-•. ...:„.... • . 0*...001az/3'7Silli.19,4:-•-:-;'''":;;44•••• ...• . : :L•t:-.7.:-....-777...J53•61calltadel#044•: • .• - .•. • •" .. . :• . .'(1.40510•0001,4010 01 '...:••-.•:.: ::. -- .-..-..,...• • • •: ::: . . ..,... .. i;• . .. .. . . _ . . .• . $6.10)206.783& .. •••• • ••-•-•-q--••••••-;.•••••:4,-••):•-i- • • frtiLSONtliNui114e1 .:. . ' ••• ••• ' • .• STATE OP -•Florida ...:... : . . • -• • . .: i•::,;....;:• ." ...:':.:'•''!..-:' ... ,*. , • .• ..'t*U.NITYArl.'jkiliami-'.P9101' .. ' :E.:E:E:-.-:-"i.:.••:•::'.-:.. • ..: ':';:: H• :... -.1' ...:.: ••• • .• •..:.• •i• ... • . .. ']''''..".:.:• :P.,...,,i; s'• •••.':- Zr:''1:„......'.:f:::....••::::•..'....-;•.::"' :::•.:•7;;-:7,....:'•• ••--..:.:;....: ..;;::•:e -'..' • • •:.:•• ...... ... ...... .. • .. .. ... • • ..• tie 140.10140**iit*.ika1740#60*tffiiiitli01,., ,--H.•.,..., ,....;•.:.,:: - • _ ..''': .:;. 0-: : •:T1:*---Vyari.anIkiti:Afte(7..t.:,i.._-:'"•••-•--e..,:-.-:-: ,...;#0. Aftbrii!v.-41::F•mut.:-.,.. ••••::••• .•• . . Phitidopholodemnity:kiiittancg•cividaril;:lt- _, -..-..• a •:;:•:.:•:17-'-i,u-17.7-:•:1••••••,z • 0_40;•011%.16110rpts. ... , '•••••• •'"••• •-- •*••:•§14tiSV..•:1H0/§491i0i.:**1-011101-101..,;•:",•A.0'..7.-? .,;•-:-••-..:•':.•;;;:,I s••,i;,••• •• '......„.A.-,i••:••• . • . . • Personally..i<110\ 4i:0074.:,,44'i-if iipi,y1.0;.'••,*.i?•;4''.1'.w air,!..,N57,1' . . My-Commission : -• - • - ....;•..":'.*7.:6,41,11'4,'A ,•-•-•:.:-...e.,-•fitrA. /::.,.i',•••:!'•••••-:,..- •- . . _ .._ — .... .._•- • - • ---••:•• • . . .. ... .. . . .. . .. . :,. • i • : ..itriat.q0: 77-•: • it . • • . . . . • _. " ,• . . , ... • •• • - •' "• ••• ' - • ••• • 47, •••• Notary Public State of Florida . . • . ''.tiliniii7L.-.• KellKarPF' •!,...:- : - .....•4.• .Kelly . :..:]. 1:-. .-:I.•••• .. . . *remission FF 184800 • - . y )•Priflted .•• • .••• .• , :-.•, -•; ••••-:•-••••.. *•••••••. * -1. dr Expires09/30/2018 " • , •• --.... ... ... . . •• , ... _ . . . . . -.. . ....:„.,.., ... ' t 00,-.1X--.9:001cl.gi:gg. • . •:!Koitlypfitilik:Statgio-. . . 9ri.a.., .. . • - .. .. F...0. * ,:eiiiiniiSs:160--.._•No;1:-F- 1e460a .: • .•-• ..•., ... ..: : ,• -- •-... •••- .. .,: .,. ..: ......... .. ..... . .. .. „ .• • • . : . . . . • . : . ' • " " . . . . .• . . . • .. . . .. . . : . .. -• •• -• • • . • • . . • .. . . • .1* • .. . .... ... . . . .. .. .. . ... .. ... ..... . , . • .tailett.uidafitaiNir01009.t RoMiet!.0.042017.* • ,....• • • . .... . . • • . . 1 . 1 4 A 1 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 coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages 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 38 Construction Services Agreement:Revised 06152017 14A1 Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragebl 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 06152017 14A1 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 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Z Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Vendor shall defend, 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 ContractorNendorNendor or anyone employed or utilized by the ContractorNendorNendor in the performance of this Agreement. 5. 0 Automobile Liability $2,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Technology Errors&Omissions $ 1,000,000 Per Occurrence LALI Cyber.Insurance $E1.000,000. per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $- Per claim & in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 40 Construction Services Agreement:Revised 06152017 14A1 ❑Valuable Papers Insurance $ Per Occurrence 7. ® 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. 8. 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. 9. ® 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. 10. EJ Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. E. 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. 12. ® Thirty(30) Days Cancellation Notice required. 13. ® During the term of this contract, Collier County shall procure and maintain, at its own expense, Builders Risk Insurance to cover the work to be performed under this contract against risk of direct physical loss in an amount equal to the full amount of the contract. This insurance shall be endorsed to include the interests of the County, the Contractor and all Subcontractors. 10/17/17-GG 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 West C onstruction,Inc. Date 11/21/2017 Vendor Signature / Y „Z.; Print Name Martha A. Morgan,President Insurance Agency JDA Insurance Group,LLC Agent Name Anthony Entenza Telephone Number 561-296-0373 41 Construction Services Agreement:Revised 06152017 1 4 A 1 64 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint David T.Satine,Warren M.Alter and Jonathan A.Bursevich of Alter Surety Group,Inc.. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14`h of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017. eltriur 774,, r ir. 1927 f VCt (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 271h day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. owwoww .n,orr axwvnn n �Y ,u�aw. ,ol .."latant r� Notary Public:Lc CareWiufivYws!l 3f,3021 rM'IRr•MM30CM10f1 residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27th day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony-Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ,20 •..._ `35 '�� n l Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY i A9` 1 4 A 1 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 $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (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, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) 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: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 42 Construction Services Agreement:Revised 06152017 1 4 A 1 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 06152017 1 4 A 1 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Contract#: Change*: Purchase Order*: Project*: Co ntraotorlfi I'M Name: Project Name: Project Manager Name Department: iginal Confrect/Work Csd&Amount Original BCC Approval Date;Agenda tarn Current BCC Apr:roved Amount Last BCC Apciroval Date;Anends Item* Current Centract'W erk Order Amount SAP Contract Expiration Date{Master) Dollar Amountof this Change WO IV/Of Total Charce from Cir igi na I Amount Revised C onus chW eio. Order Total S 8.00 IV/0Change from Current BCC Appr died Amount Cumulative C ha nges S 8.80 IVIO! Change from C tarent Amount Completion Date,,Description of the Task(s)Change,and Rationale for the Change Notice to Proceel Original Last Approved Revised Date Date Completion Date Date rickdres In Mange *of Days Added Select Tasks 0 Add new task(s) 0 Delete task(s) 0 Change task(s) 0 Other is:mine:in) Provide a response to the following:1.)detai led and specific explanationirationale of the requested changefs)to the tasids)and f or the additio nal days added(if requested):2.1 why this change was not included in the original contract;and,3.)describe Me impact if this change is not processed. Attach adonal information from the Design Professional arbor Contractor if needed. Prepared by: Date: {Project Manager Name and Department) Acceptance of this Change Order shall constitute a modification to contract work order identified above and will be subject to attire same terms and conditions as contained in thecontract f work order indicateo above.as fully as if the same were stated in this acceptance.The austmenl if any,to the Contract shall const este a Reiland final settlement of any and at claims of the Contactor,'Vendor Cons Aim( Design Professional ar is ov out of or related to the charge sat forth herein,including claims for impart and delay costs. Accepted by: Dale: (Contractor Vendor,'Consiitant/Design Professional ar".4 Name of Firm.if project applicabiej Approved by: Date: (Design Professional and Name of F km,if project applicable) Approved by: Date: (Procurement Professional 7,:tfa 44 Construction Services Agreement:Revised 06152017 1 441 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 06152017 1 4 A 1 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 06152017 1 4 A 1 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 06152017 1 4 A 1 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 06152017 l4Ai 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 06152017 1 4 A 1 generally be limited to the hours of 7:00 a.m. to 5:30 p.m., Monday through Saturday. No Sundays allowed 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 06152017 1 4 A 1 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 06152017 1 4 A 1 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 06152017 1411 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 06152017 14A1 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 06152017 1 4 A 1 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 Pubic 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. 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 55 Construction Services Agreement:Revised 06152017 1 4 A 1 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 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 56 Construction Services Agreement:Revised 06152017 1 4 A 1 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 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. 57 Construction Services Agreement:Revised 06152017 1441 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, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 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. 58 Construction Services Agreement:Revised 06152017 1 4 A 1 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 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. 59 Construction Services Agreement:Revised 06152017 14A1 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 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. PERMIT'S"INCLUDING BUT NOT LIMITED TO (COUNTY TO PAY FQRA.L I eRMI`I 'ING FEES): • COLLIER COUNTY-BUILDING PERMIT 60 Construction Services Agreement:Revised 06152017 14A1 • PERMITS REQUIRED TO MOVE THE PAPI POWER METER WILL NEED TC COORDINATED BY THE CONTRACTOR WITH THE FAA AND LOCAL UTILITY COMPANY ENVIRONMENTAL RESOURCE PERMIT— FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • NOTICE OF INTENT TO USE NPDES GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES(RULE 62- 621.300(4), F.A.C.) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR'"CONSTRt TION OF WATER MAIN EXTENSIONS FOR PWSS (PUBLIC WATER SYSTEMS) .} FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • NOTIFICATION/APPLICATION FOR CONSTRUCTING AES TEWATER COLLECTIOIRANRMISSION SYSTEM— FLORIDADEPARTMENT DF: _N RONMENTAL PROTECTION' • SITE DEVELQ _E.NT PLAN'AMENDMENT(SI PA)APPROVAL—COLLIER CUNTY DEVELOPMENT R • RIGHT OF WAY USE PERMIT—COLLIER COUI#7Y 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 61 Construction Services Agreement:Revised 06152017 1 4 A 1 such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (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 62 Construction Services Agreement:Revised 06152017 14A1 seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor 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 63 Construction Services Agreement:Revised 06152017 1 4 A 1 fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 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. 64 Construction Services Agreement:Revised 06152017 1 4 A 1 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work 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. 65 Construction Services Agreement:Revised 06152017 1 4 A 1 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at 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. 66 Construction Services Agreement:Revised 06152017 14A1 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. 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 67 Construction Services Agreement:Revised 06152017 14A1 Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 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; 68 Construction Services Agreement:Revised 06152017 14A1 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of 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 69 Construction Services Agreement:Revised 06152017 1 4 A 1 Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical 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. 70 Construction Services Agreement:Revised 06152017 1 4 A 1 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, 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. 71 Construction Services Agreement:Revised 06152017 14A1 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 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 72 Construction Services Agreement:Revised 06152017 1 4 A 1 The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. 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 cr colliergov.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, 73 Construction Services Agreement:Revised 06152017 1 4 A 1 and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, 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 06152017 14A1 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 18-7240 - Exhibit I - 02 Federal Contract Provisions FINAL/18-7240 -/18-7240 Exhibit I -04_Special Conditions 75 Construction Services Agreement:Revised 06152017 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROVISIONS CSFA 55.004 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 State of Florida Department of Transportation 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 VOLUME 1 -BID DOCUMENTS FCP-1 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CIVIL RIGHTS -GENERAL (Reference: 49 USC §47123) The contractor agrees that it will 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 handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the 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. VOLUME 1 -BID DOCUMENTS FCP-2 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CIVIL RIGHTS—TITLE VI ASSURANCES 1.1.1. Title VI Solicitation Notice (Source: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) Title VI Solicitation Notice: The 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. 1.1.2. Title VI Clauses for Compliance with Nondiscrimination Requirements (Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) Compliance with Nondiscrimination Requirements 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 Statutes 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 Acts and the Regulations, 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 Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. VOLUME 1 -BID DOCUMENTS FCP-3 14 ,1, 1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS 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 Acts, Regulations, 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. 1.1.3. Title VI Clauses for Deeds Transferring United States Property (Source: Appendix B of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of the Airport Improvement Program grant assurances. NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the Marco Island Executive Airport will accept title to the lands and maintain the project constructed thereon in accordance with Federal Aviation Administration, for the AIP Program, and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of VOLUME 1 -BID DOCUMENTS FCP-4 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Marco Island Executive Airport all the right,title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands described in and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Marco Island Executive Airport and its successors forever, subject, however,to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Marco Island Executive Airport, its successors and assigns. The Marco Island Executive Airport, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that(1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Marco Island Executive Airport will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non- discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 1.1.4. Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program (Source: Appendix C of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Marco Island Executive Airport pursuant to the provisions of the Airport Improvement Program grant assurances. A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration VOLUME 1 -BID DOCUMENTS FCP-5 MARCO ISLAND EXECUTIVE AIRPORT 1 7 •• 1 NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS hereof, does hereby covenant and agree[in the case of deeds and leases add"as a covenant running with the land] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds 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 facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Marco Island Executive Airport will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the Marco Island Executive Airport will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Marco Island Executive Airport and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 1.1.5. Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program (Source: Appendix D of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Marco Island Executive Airport pursuant to the provisions of the Airport Improvement Program grant assurances. A. 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(in the case of deeds and leases add, "as a covenant running with the land") 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 VOLUME 1 -BID DOCUMENTS FCP-6 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS discrimination in the use of said 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 Pertinent Nondiscrimination Authorities. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, Marco Island Executive Airport will have the right to terminate the(license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, Marco Island Executive Airport will there upon revert to and vest in and become the absolute property of Marco Island Executive Airport and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 1.1.6. Title VI List of Pertinent Nondiscrimination Authorities (Source: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) 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); VOLUME 1 -BID DOCUMENTS FCP-7 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS • 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 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). VOLUME 1 -BID DOCUMENTS FCP-8 MARCO ISLAND EXECUTIVE AIRPORT 1 4 A 1 NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 USC § 201, et seq.) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labcr Standards Act (29 USC U.S. Department of Labor—Wage and Hour 201) Division VOLUME 1 -BID DOCUMENTS FCP-9 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 1910) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 U.S. Department of Labor—Occupational (20 CFR Part 1910) Safety and Health Administration VOLUME 1 -BID DOCUMENTS FCP-10 14A1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS STATE CONTRACT PROVISIONS RESTRICTIONS, PROHIBITS, CONTROLS AND LABOR PROVISIONS a) 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, 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 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who 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 may not transact business with any public entity. c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the County nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest\ is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The County shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof " VOLUME 1 -BID DOCUMENTS FCP-1 1 1 4 A 1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS STATE CONTRACT PROVISIONS NOT OBLIGATION TO THIRD PARTIES The Florida Department of Transportation shall not be obligated or liable hereunder to any party other than the County. LOBBYING No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. RECORDS RETENTION AND ACCESS The contractor and all subcontractors shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the Florida Department of Transportation (FDOT), or its designee's access to such records upon request. The contractor agrees to comply with 20.055(5) F.S. and incorporate in all its subcontractors the obligations to comply with 20.055(5) F.S to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. EMPLOYMENT ELIGIBILITY(USING E-VERIFY) AgencyNendors/Contractors: a) Shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b} Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. VOLUME 1 -BID DOCUMENTS FCP-12 1 4 A 1 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS THIS PAGE LEFT INTENTIONALLY BLANK VOLUME 1 -BID DOCUMENTS FCP-13 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS A NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS SPECIAL CONDITIONS SECTION 1 MISCELLANEOUS 1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein. If, for any reason, any such provision is not inserted in the Contract, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 2. CORRELATION OF DOCUMENTS. A. Drawings and specifications are cooperative and supplementary. Portions of the Work which can be best be illustrated by the drawings may not be included in the specifications and portions best described by the specifications may not be depicted on the drawings. All items necessary or incidental to completely construct or erect the Work shall be furnished, whether called for in the specifications or shown on the drawings. Anything mentioned in the specifica- tions and not shown on the drawings, or anything shown or mentioned on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. B. In case of disagreement between the drawings and specifications, or within either document itself, the better quality or greater quantity of Work shall be estimated and included in the bid and Contract Price and the matter drawn to the Engineer's attention for decision. 3. NOTICE AND SERVICE THEREOF. Where the manner of giving notice is not otherwise provided for in the Contract Documents, any notice to the Contractor from the Owner relative to any part of the Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the Contractor at the address given in the Contractor's Proposal, or at the last business address known to him who gives the notice, or delivered in person to the Contractor or his authorized representative on the site. It is mutually agreed that such notice shall be sufficient and adequate. 4. SUBCONTRACTING. A. The Contractor may utilize the services of specialty or minority subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty or minority subcontractors. B. The Owner reserves the right to approve subcontractors for any Work. The Contractor, if requested by the Owner, shall submit to the Owner the proposed award and such information as the Owner may require concerning any subcontractor. C. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, or under their control, as he is for the acts and omissions of persons directly employed by him. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of subcontractors, and to give the Contractor the VOLUME 1 -BID DOCUMENTS SC-1 SPECIAL CONDITION ITEM 14A1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. E. Nothing contained in the Contract Documents shall create any contractual relationships between any subcontractor and the Owner. 5. PROTECTION OF PERSONS. A. The Contractor shall: (1) At all times protect the lives and health of his employees under the Contract; (2) Take all necessary precautions for the safety of all persons on or in the vicinity of the project site. (3) Comply with all applicable provisions of Federal, State and Municipal safety laws and building codes. (4) Comply with all pertinent provisions of the Manual of Accident Prevention in Construction issued by the Associated General Contractors of America, Inc., latest edition, to prevent accidents or injury to persons on or about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of persons and shall post danger signs warning against the hazards created in part by features of construction such as protruding nails, rod hoists, well holes, falling materials, etc., and he shall designate a responsible member of his organization on the Work site whose duty shall be the prevention of accidents; (5) Provide for all safeguards for the protection of those having Right-of-Entry during field review and observation of the Work. B. The Contractor shall comply with all provisions of the "Williams-Steiger Occupational Safety and Health Act of 1970" including any amendments thereto and rules and regulations issued pursuant thereto, applicabl e to the Work and performance of the Contract. Where a State in which Work is performed has passed legislation bearing on Occupational Safety and Health, such legislation and amendments thereto, together with rules and regulations issued pursuant thereto shall be com plied with by the Contractor. 6. AUTHORITY OF ENGINEER. A. The Engineer, through its duly authorized representatives, shall furnish engineering services during construction of the Work to the extent provided in the Contract Documents. He shall observe and review the Work in the process of construction or erection. Compliance with the Contract Documents shall be the Contractor's responsibility notwithstanding such observation or review. The Engineer has authority to recommend suspension of the Work to the Owner when it appears such suspension may be necessary to accomplish the proper implementation of the intent of the Contract Documents. The authority to observe, review or recommend suspension of the Work, or exercise such other authority as may be granted by the Contract Documents, shall not be construed or interpreted to mean supervision of construction, which is the Contractor's responsibility, nor make the Engineer responsible for providing a safe VOLUME 1 -BID DOCUMENTS SC-2 SPECIAL CONDITION ITEM 14A1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS place for the performance of Work by the Contractor or by the Contractor's employees, or those of suppliers or subcontractors, or for access, visits, use, work, travel, or occupancy by any other person. The Engineer shall also have the authority to reject any Work, materials, or equipment which do not conform to the Contract Documents and to decide technical questions which arise in the execution of the Work. B. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of Work, materials, equipment and supplies which are to be paid for under the Contract and shall decide questions which may arise in relation to said Work and its compliance with the Contract Documents. The Engineer's estimates and decisions shall be final and conclusive, except as otherwise expressly provided in case any question shall arise between the parties to the Contract relative to the Contract Documents, the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for Work under the Contract affected in any manner or to any extent by such question. C. The Engineer shall decide the meaning and intent of any portion of the Contract Documents where the same may be found obscure or be in dispute. 7. "GOOD REPAIR" PERIOD. A. The Contractor hereby agrees to keep all Work constructed under the Contract in Good Repair for a minimum period of one (1) year, unless a longer period is otherwise specified in the Contract Documents, from the date of acceptance of all of the Work by the Owner. No provision of the Contract documents shall be valid which limits the "Good Repair" period to less than one (1) year from the date of acceptance of all of the Work by the Owner. The Work may be phased. Each phase of Work completed shall be inspected and approved for use by the Owner but shall not be accepted until all Work for all phases is complete and a final inspection for all Work has been performed. B. It is intended that this provision shall apply whether or not bond is required, as a personal obligation of the Contractor. C. The obligations of the Contractor as herein provided shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. 8. VARIATION FROM ESTIMATED QUANTITIES. The Contractor may reasonably expect a variation in estimated quantities such that the total payment for the completed Work may range from 75 to 125 percent of the total amount of the Contract based on the estimated quantities defined in the proposal. The Contractor will not be allowed any claims for anticipated profits, for loss of profits, or for any damages because of a difference between the estimate of any item defined in the Proposal and the amount of the item actually required or for the elimination of any part of the Work. Funds for construction of the Work herein contemplated are limited. The Owner reserves the right to eliminate or reduce the items of the proposal or any of the Work as may be required to bring the cost of the Work within the limits of available funds. 9. WATER FOR CONSTRUCTION. Water used for construction of this project will be furnished by the Contractor. The Contractor shall make the necessary arrangements with the Owner of the source of water for securing and/or transporting such water. No separate payment will be VOLUME 1 -BID DOCUMENTS SC-3 SPECIAL CONDITION ITEM 14A1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS made for water used but the cost thereof shall be included in the various items of the proposal and bid schedule. 10. LIGHTS AND POWER. The Contractor shall provide, at his own expense, temporary lighting and facilities required for the proper prosecution and inspecti on of the work. 11. COORDINATION WITH OTHERS. In the event other contractors are doing work in the same area simultaneously with this project, the Contractor shall coordinate his proposed construction with that of the other contractors. The Contractor shall notify the Engineer of said coordination attem pts and the results. 12. TESTING, INSPECTION, AND CONTROL. The Owner shall pay for all passing tests, the Contractor shall pay for all failing tests. Charges for failing tests will be deducted from the Contractor's earnings at the end of project at the time of final payment or on a periodic basis during construction as approved by the Owner. The Contractor will pay for tests, other than Acceptance testing, and shall be incidental to those items which require testing. The Contractor shall furnish, at his own expense, all necessary specimens for testing of the materials, as required by the Engineer. The Contractor shall be responsible for notifying the testing laboratory to pick up the test samples. Also, the Engineer reserves the right to test at any location on the project, and at any frequency he deems necessary before, during and after incorporation of all materials into the project to satisfy himself and ensure that all materials meet the specified requirements. All materials utilized in the project must meet specification requirements before, during and after incorporation into the project. Any additional testing that the Contractor deems necessary to ensure himself that the materials he is installing meet the required specifications and/or as a proof of the Owner authorized testing laboratory shall be solely the expense of the Contractor whether the tests pass or fail. 13. LINES AND GRADES. Section 50, Item 50-06 of the General Provisions and Technical Specification P-104, Project Survey and Stakeout includes all requirement for all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these specifications shall be provided by the Contractor and he shall be solely responsible for the accuracy of said lines, grades and measurements. 14. TRADE NAMES AND MATERIALS. No material which has been used by the Contractor for any temporary purpose whatsoever is to be incorporated in the permanent Work without written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper", or "equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Not- withstanding that the words "or equal to" or other such expressions may be used in the plans and specifications in connection with the material, manufactured article or process, the material, manufactured article or process specifically designated shall be used, unless a substitute shall be approved in writing by the Engineer and the Engineer shall have the right to require the use of such specifically designated material, article or process. VOLUME 1 -BID DOCUMENTS SC-4 SPECIAL CONDITION ITEM 14A1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS 15. PROPERTY LINES AND MONUMENTS. The Contractor shall protect all property corner markers and any other monument, and when any such markers or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense of the Contractor. 16. FENCES AND DRAINAGE CHANNELS. Boundary fences or other improvements removed to permit the installation of the Work shall be replaced in the same location and left in a condition as good or better than that in which they were found. Existing fences not to be removed and intersecting with new fencing (fencing outside airport property) shall be connected to the new fencing in a manner acceptable to the fence owner and the Owner and/or Engineer. No boundary or perimeter fencing shall be removed without new boundary or perimeter fencing installed in its place and the airport property protected by boundary or perimeter fencing. No gaps in new and existing fencing will be allowed at any time except when the Contractor is present at the fence location and is removing and/or installing new fence. At the end of each day the Contractor shall inspect and verify that all boundary or perimeter fencing is in a secure state with no gaps or access points for anyone. Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition of grade and cross section after the work of construction is completed. 17. DISPOSAL OF WASTE AND SURPLUS EXCAVATION. All trees, stumps, slashings, brush or other debris to be removed from the site as a preliminary to the construction work shall be removed from the property and legally disposed of in a manner approved by the Engineer and at a site approved by the Owner. No burning on site w ill be permitted. All excavated earth in excess of that required for embankment and backfill shall be disposed of in a satisfactory manner as shown on the plans or as directed by the Engineer to a site approved by the Owner. 18. AIR POLLUTION. The Contractor shall comply with all Federal, State and local Requirements. 19. EXISTING UTILITIES AND SERVICE LINES. The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, at his own cost and expense, with the exception of those items included in the bid schedule. 20. RECORDS OF MATERIALS PURCHASED. By a certain time each month as defined and established at the preconstruction conference, the Contractor shall furnish to the Engineer, duplicate copies of all invoices for materials furnished to be incorporated into the work, plus a statement of all materials previously included on monthly estimates and incorporated into the Work during the preceding month. This information is to be used to determine the value of materials on hand to be included in the m onthly estimate for periodical payment. 21. CONTRACTOR ACCESS TO PROJECT SITE. The Contractor shall have a specific access route to the project site. This route is shown in the construction drawings. The Contractor shall use this route to bring all equipment and materials in. If the Contractor has a better route which would prevent damage to existing roads or provide safer access to the construction site, the VOLUME 1 -BID DOCUMENTS SC-5 SPECIAL CONDITION ITEM MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS Contractor shall supply a drawing showing the recommended route to the Owner and Engineer for approval at the preconstruction conference. 22. NIGHTTIME WORK. In phases of work requiring daytime work, the Contractor shall not perform nighttime work unless given advance written approval by the Engineer and/or Owner. If the Engineer and/or Owner approves any contractor request for nighttime work, the Contractor shall coordinate closely with the Engineer and the Owner during any and all approved nighttime work. This includes any nighttime hauling of materials to the project site. If the Contractor wishes to perform nighttime work or haul materials at night, the Contractor shall reimburse the Owner for any nighttime inspection costs incurred by the Owner to adequately and properly inspect said nighttime work or hauling of materials. In phases of work requiring night time work, the Contractor shall perform said night time work within the time frame allotted by the Owner and as provided for in the Contract Documents. The Contractor shall coordinate with the Owner and Engineer each day before night time operations commence to ensure all special instructions, time limitations, directives, etc. are adhered to each night of night time operations. The Contractor shall not enter areas requiring night time construction operations until cleared to do so, each night, by the Owner. Any violation of this provision shall result in a $1,000.00 fine for each occurrence. 23. DUST CONTROL. The Contractor shall maintain strict dust control during the project duration. There are operational areas, aircraft parked on the airport, commercial facilities which perform maintenance and repair work to aircraft as well as active recreational facilities that involve hundreds of children and adults. Therefore, it is imperative that strict dust control be maintained so that damage or nuisance to the areas and facilities described above or airport operational areas is prevented. This dust control shall also include the dust which may occur during any construction procedure. If dust control is not maintained to the satisfaction of the Owner, the Contractor shall receive one warning. If further violations of the dust control occur, the Contractor shall be fined $1,000.00 for each individual infraction. 24. TRIP TICKETS, INVOICES, WEIGH BILLS, ETC. The Contractor shall be responsible for supplying any and all trip tickets, invoices, weigh bills, etc. which show the quantities actually used in the construction of the project. All said trip tickets, invoices, weigh bills, etc. shall relate directly to specific bid items. If the Contractor fails to submit said trip tickets, invoices, weigh bills, etc. to the Engineer or his authorized representative prior to or during the time of installation of materials into the project, any material overruns claimed by the Contractor at the end of the project shall not be accepted. 25. FINAL IN-PLACE EXCAVATION & EMBANKMENT SECTIONS. At the completion of the project, the Contractor shall submit final in-place earthwork cross sections for the entire project site affected by earthwork operations with the detailed calculations as to as-built excavation and/or embankment. The earthwork cross sections shall submitted to the Engineer electronically in AutoCad 2010 or higher format. The Engineer shall utilize the AutoCad drawings of the cross sections to verify the final in-place quantities. No other platform for submittal shall be allowed. The Contractor shall be paid based upon the volume between the original ground line and the as-built ground line. The Contractor shall be paid based on the type of operations for which a bid price was provided. 26. CONFORMANCE TO ALL LAWS AND REGULATIONS. It is expressly understood that the Contractor agrees to conform to all Federal, State, or local laws and regulations, as well as all Collier County Codes and Ordinances, all of which may apply to the services to be performed VOLUME 1 -BID DOCUMENTS SC-6 SPECIAL CONDITION ITEM 1 4 A 1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS and that the County is to be held free and harmless from any act or failures by the Contractor to do so. 27. LICENSES, PERMITS AND OTHER CERTIFICATES. The Contractor shall obtain and maintain in force at all times, and ensure that all subcontractors obtain and maintain in force at all times, all licenses, permits and other certificates required by Federal, State, County, or Municipal authorities for operations under the terms of this Contract, and shall provide the County with copies of all required licenses, permits, and other certificates prior to commencing work. 28. CONFORMANCE TO ALL SECURITY RELATED REQUIREMENTS. The Contractor agrees to observe all security requirements of Transportation Security Administration 49 CFR 1542 (formerly Federal Aviation Regulations Part 107), and the Airport Security Program, as may be applicable, and as the same may, from time to time, be amended, and to take such steps as may be necessary or directed by the County to ensure that employees, invitees, agents and guests observe these requirements. Each employee working on the airside of the Airport is required to purchase a badge at $6.50 each and shall be required to have a background check. 29. PAYMENT OF FINES OR PENALTIES IMPOSED BY AUTHORITIES HAVING JURISDICTION. If the County incurs any fines and/or penalties imposed by Federal, State, County, or Municipal authorities, either during the term of this Contract or anytime thereafter, as a result of the acts or omissions of Contractor, its employees, invitees, agents guests, or subcontractors, then Contractor shall be responsible to pay or reimburse the County for all such costs and expenses. END OF SPECIAL CONDITIONS -SECTION 1 VOLUME 1 -BID DOCUMENTS SC-7 SPECIAL CONDITION ITEM 1 4 A 1 MARCO ISLAND EXECUTIVE AIRPORT SPECIAL CONDITIONS NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS SECTION 1 MISCELLANEOUS THIS PAGE LEFT INTENTIONALLY BLANK VOLUME 1 -BID DOCUMENTS SC-8 SPECIAL CONDITION ITEM 14A1 SPECIAL CONDITIONS SECTION 2 RESPONSIBILITIES MARCO ISLAND EXECUTIVE AIRPORT AND LIMITATIONS OF AUTHORITY OF THE NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS RESIDENT PROJECT REPRESENTATIVE SPECIAL CONDITIONS SECTION 2 LISTING OF DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE The Owner and/or Engineer shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist the Engineer in observing performance of the Work of the Contractor. Through more extensive on-site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, the Engineer shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work; but, the furnishing of such services will not make the Engineer responsible for or give the Engineer control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for the Contractor's failure to perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of the Engineer in the Engineer's agreement with the Owner and in the construction Contract Documents, and are further limited and described as follows: A. General 1. The RPR is the Engineer's agent at the site and will act as directed by and under the supervision of the Engineer, and will confer with the Engineer regarding the RPR's actions. The RPR's dealings in matters pertaining to the on-site Work shall in general be with the Engineer and the Contractor keeping the Owner advised as necessary. The RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of the Contractor. The RPR shall generally communicate with the Owner with the knowledge of and under the direction of the Engineer. B. Duties and Responsibilities of the RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by the Contractor and consult with the Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with the Contractor and Owner, such as preconstruction conferences, weekly progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as the Engineer's liaison with the Contractor, working principally through the Contractor's superintendent and assist in understanding the intent of the Contract Documents; and assist the Engineer in serving as the Owner's liaison with the Contractor when the Contractor's operations affect the Owner's on-site operations. b. Assist in obtaining from the Owner additional details or information, when required for proper execution of the Work. VOLUME 1 -BID DOCUMENTS SC-9 SPECIAL CONDITION ITEM 1 4 A 1 SPECIAL CONDITIONS SECTION 2 RESPONSIBILITIES MARCO ISLAND EXECUTIVE AIRPORT AND LIMITATIONS OF AUTHORITY OF THE NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS RESIDENT PROJECT REPRESENTATIVE 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by the Contractor, and notify the Engineer of availability of samples for examination. c. Advise the Engineer and the Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been app roved by the Engineer. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist the Engineer in determining if the Work is in general proceeding in accordance w ith the Contract Documents. b. Report to the Engineer whenever the RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Engineer of Work that the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that the Contractor maintains adequate records thereof; and observe, record and report to the Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of those inspections and report to the Engineer. 6. Interpretation of Contract Documents: Report to the Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to the Contractor clarifications and interpretations as issued by the Engineer. 7. Modifications: Consider and evaluate the Contractor's suggestions for modifications in drawings or specifications and report the suggestions along with the RPR's recommendations to the Engineer. Transmit to the Contractor decisions as issued by the Engineer. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents including all Work directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, the Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording the Contractor hours on the job site, weather conditions, data relative to questions of Work field orders, change orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific VOLUME 1 -BID DOCUMENTS SC-10 SPECIAL CONDITION ITEM 14A1 SPECIAL CONDITIONS SECTION 2 RESPONSIBILITIES MARCO ISLAND EXECUTIVE AIRPORT AND LIMITATIONS OF AUTHORITY OF THE NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS RESIDENT PROJECT REPRESENTATIVE observations in more detail as in the case of observing test procedures; and send copies to the Engineer. c. Record names, addresses and telephone numbers of all the contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish the Engineer daily progress reports of progress of the Work and of the Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with the Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed change orders and field orders, obtaining backup material from the Contractor and recommend to the Engineer change orders and field orders. d. Report immediately to the Engineer and the Owner the occurrence of any accident. 10. Payment Requests: Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward with recommendations to the Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the Engineer for review and forwarding to the Owner prior to final payment for the Work. 12. Completion: a. Before the Engineer issues a Certificate of Substantial Completion, submit to the Contractor a punch list of observed items requiring completion or correction. b. Conduct final inspection in the company of the Engineer, the Owner and the Contractor and prepare a final punch list of items to be completed or corrected. c. Observe that all items on the final punch list have been completed or corrected and make recommendations to the Engineer concerning acceptance. C. Limitations of Authority of the Resident Project Representative (RPR): 1. He shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the Engineer. 2. He shall not exceed limitations of the Engineer's authority as set forth in the Contract Documents. VOLUME 1 -BID DOCUMENTS SC-11 SPECIAL CONDITION ITEM l4A1 SPECIAL CONDITIONS SECTION 2 RESPONSIBILITIES MARCO ISLAND EXECUTIVE AIRPORT AND LIMITATIONS OF AUTHORITY OF THE NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS RESIDENT PROJECT REPRESENTATIVE 3. He shall not undertake any of the responsibilities of the Contractor, subcontractors or the Contractor's superintendent. 4. He shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. He shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. He shall not accept Shop Drawing or sample submittals from anyone other than the General Contractor. 7. He shall not authorize the Owner to occupy the Project in whole or in part. 8. He shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the Engineer. END OF SPECIAL CONDITIONS - SECTION 2 VOLUME 1 -BID DOCUMENTS SC-12 SPECIAL CONDITION ITEM 1 4 A 1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING, CONSTRUCTION AERIALS, AND DOCUMENTATION 1.1 SUMMARY This Section includes administrative and procedural requirements for the following: 1. Time-lapse sequence constructi on photographs. 2. Web-based construction photographic documentation. 3. Monthly Construction Aerials This Section includes an integrated, professional-grade, high-definition digital webcam system designed specifically for the construction industry as a turnkey package including cameras and related hardware, mounting equipment, software, data transmission wiring, website hosting, image hosting and storage, and online interface for the system and technical support. This Section also includes monthly aerial photographs of the project site on a monthly basis. 1.2 DEFINITIONS A. System Vendor: Provider of camera system hardware and software and host maintaining off-site server, data storage devices, and troubleshooting software and equipment. Contractor shall maintain an active contract for system service for duration of Contract Time unless other term is agreed upon in writing by the Owner. Cost for system service shall be included in the Contract Sum. B. System Service: Host services provided by system vendor including image acquisition, transfer, backup, periodic upgrades to the system, viewing access via a maintained interface on the Internet, and on-line storage of images for duration of the service contract. 1.3 INFORMATIONAL SUBMITTALS A. Qualification Data: Web-based photographic documentation service provider B. Key Plan: Submit key plan of Project site with notation of vantage points marked for location and direction of each fixed camera location. Include same information as corresponding photographic documentation. Provide site wiring diagrams for power, signal, and control wiring and grounding source. C. Web-Based Photographic Documentation: Submit time-lapse sequence video recordings simultaneously with recording, and complete sequence at end of Project. 1. Submit time-lapse sequence video recordings by posting to Web-based photographic documentation service provider's Web site and monthly on digital video disc. Provide all recordings compiled on DVD format or other approved media at Project closeout. 2. Time-Lapse Movie: Compile select digital images into a time-lapse movie- like sequence of the construction period. Optimize images included and run- VOLUME 1 -BID DOCUMENTS SC-13 SPECIAL CONDITION ITEM 1 4 A 1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION time length to suit the Authority's requirements. Time-lapses shall be professionally edited by a video editor using image stabilization software. The movie shall start with a graphic, incorporating project title, date and logo. Periods of bad weather or inactivity shall be removed to produce a compelling and consistent movie.A machine edited movie will not be acceptable. 3. Identification; For each recording, provide the following information: a) Name of Project. b) Name and contact information for photographer. c) SDCRAA and Authorized Representative d) Name of Contractor. e) Date(s) and time(s) video recording was recorded. f) Description of vantage point, indicating location, direction (by compass point), and elevation. g) Weather conditions at time of recording. D. Maintenance Data: For web-based camera equipment. E. Monthly Construction Aerials: The Contractor shall submit monthly aerial photographs of the project site beginning with the start of construction and ending with final completion of the project. The photographs shall include three (3) views of the site. The Contractor shall submit one (1) copy of each view on an 8.5"x11" color print and a CD-ROM with 300dpi resolution images of the photographs. 1.4 QUALITY ASSURANCE A. Web-Based Photographic Documentation Service Provider: A firm specializing in providing photographic equipment, Web-based and trouble-shooting software, and related services for construction projects, with record of providing satisfactory services similar to those required for Project for not less than three years. Contractor shall maintain an active contract for system service for duration of Contract Time; cost shall be included in the Contract. 1.5 COORDINATION A. Auxiliary Services: Provide auxiliary services requested, including access to Project site and use of temporary facilities, including temporary lighting required to produce clear, well-lit photographs and videos. 1.6 USAGE RIGHTS A. Obtain and transfer exclusive copyright usage rights from Web-Based Photographic Document Service Provider to the Authority for unlimited reproduction of photographic documentation. B. Contractor shall understand that photographs and archives generated by the camera system become the exclusive property of the Authority and cannot be used or disclosed to any other entity or person for any purpose without the express written consent of the Authority. VOLUME 1 -BID DOCUMENTS SC-14 SPECIAL CONDITION ITEM 14x1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION 1.7 MAINTENANCE A. Maintenance Service: Provide service and maintenance of camera systems as recommended by System Vendor for entire construction period. 1. Examine monthly:clean and adjust equipment. 2. Provide remote emergency repair service by System Vendor seven days a week to ensure uninterrupted camera service. Provide personnel on-site to assist System Vendor as needed during working hours. Provide replacement parts and components due to system failure, damage, or theft within two business days. 3. Maintenance service shall not be assigned or transferred to another agent or subcontractor without prior written consent of Owner. 4. Require System Vendor to pro-actively monitor the system by means of service and maintenance contract. If no connection is made within a span of time not to exceed 24 hours during regular business days, require system vendor to notify Contractor and commence troubleshooting. a) Provide necessary staff during troubleshooting to verify power availability, to remove and replace system, and to verify functioning phone lines or internet access for dialup and Ethernet-based systems. PART 2— PRODUCTS 2.1 WEB-BASED PHOTOGRAPHIC DOCUMENTATION A. Project Cameras: Provide fixed exterior camera installation, mounted to provide unobstructed view of construction site from locations approved by the Representative. The cameras shall be robotic high definition megapixel webcams for users to remotely view the project on a secure connection via a network connection. The cameras will provide a full view of the work area on the construction site. 1. Provide fixed-location and mobile trailer mounted cameras, with the following characteristics: a) Manufacturers: i. OxBlue PTZ Construction Cameras and Solar Powered Trailer by OxBlue, Inc., www.oxblue.com. ii. ConstructionCam HD and Mobile TrailerCam by Earthcam, Inc.,www.EarthCam.net. iii. HD Cameras and Trailer System by Construction CAM, www.constructioncam.com. iv. Or equal. b) Consist of a thermostatically controlled environmentally sealed enclosure c) User controlled window wiper d) Precise, Pan/Tilt robotic base designed to provide consistent imaging in all environments e) Capable of maintaining multiple preset compositions VOLUME 1 -BID DOCUMENTS SC-15 SPECIAL CONDITION ITEM 14x1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION f) Live video stream in H.264 format g) 1080p broadcast quality video clip capability h) H.264, MPEG-4 Part 10/AVC, Motion JPEG video compression i) 50/60fps in all resolutions j) 2.1 Megapixel images (1920 x 1080 pixels) k) Up to 150 Megapixels auto-generated 360° panoramas I) Lens: 3.8—38mm, f/1.8 —3.4, 10X Optical, 12X Digital, HD image sensor m) 67.8° angle of view n) Auto Features: Focus and Day/Night o) Communications: RJ-45 10BASE-T/100BASE-TX PoE p) 4G cellular modem q) 16GB On-Board Data Back-Up to provide a minimum of thirty days of on-board image retention r) Solar powered and wireless s) Trailer mounted locking manual/motorized up to 42 foot telescoping mast with spiral conduit for cable deployment B. Quantity of Cameras: Three fixed and one trailer mounted; located as directed by Representative. 2.2 INTERFACE AND ONLINE ACCESS A. Remote Access: Contractor's system vendor shall provide an online interface system to allow viewing of all high-definition digital still images captured and stored during construction, from any location with Internet access and with password protection. 1. Maintain images on the system vendor's website for reference available at all times during construction and for not less than 60 days after Final Acceptance. B. Online Interface: The camera will be accessible via an Internet based Software as a Service (SaaS) solution. This online interface will be managed and supported by the System Vendor. The service will be available for the term of the project and allow the viewing of live video and High Definition digital still images captured and stored of the project on both mobile and desktop platforms. The Internet Based Online Interface shall include the following features: 1. The online interface system shall be accessible by an unlimited number of human users. 2. System shall display Project name and Project logo. 3. Navigation: Provide calendar-based navigation system for selecting specific images. 4. Zoom: Provide zoom capability for zooming into high-definition images. 5. User Screen Viewing Options: a) Dynamic Calendar: Provide screen showing calendar in which each day displays an image for that day. b) Project Dashboard: Provide screen allowing user to view multiple sites VOLUME 1 -BID DOCUMENTS SC-16 SPECIAL CONDITION ITEM 1 441 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION at one time. c) Quad View: Provide screen showing four windows, allowing user to view last four days, weeks, or months on one screen. d) Split Screen: Provide screen showing two discrete images side by side, from same camera or from two different cameras. e) Overlay Mode: Provide screen showing two discrete images overlaid, allowing user to determine differences between the two. f) Full-Screen: Provide screen maximizing view of images on user's monitor. 6. E-mail: Provide capability to e-mail photos with comments from within the system. 7. Slideshow: Provide capability to browse through images, moving forward and backward in time by individual image and by day. 8. Responsive HTML5 design for cross-platform access on desktop and mobile devices 9. Real-time live video viewing 10. User-controllable Robotic Pan, Tilt and Zoom 11. User-controllable settings for creating and editing multiple preset compositions 12. Automatically generated daily panoramas 13. Monthly and on demand ultra HD panoramas 14. Onscreen control button for wiper control to allow for remote cleaning of the viewing window 15. Picture in picture capability for viewing live video and High Definition Megapixel images simultaneously 16. Digital Pan, Tilt and Zoom capability within a High Definition image 17. Instant live snapshot capability in addition to preset scheduled archives 18. Timeline navigation system for selecting specific images and times 19. Multifunction Image Browsing 20. Time-lapse feature with optional time date overlay for instant time-lapse viewing, downloading and embedding 21. Full Screen Mode for displaying video and complete image without any graphical frame 22. Photo Filters and Graphical Markup Tools for detailing and creating notes with graphical overlays on images, including project title, logo and time date stamp 23. Image Comparison Tool for comparing two images taken at different times, overlaid on top of each other 24. Share Image Tool for saving, printing, emailing and posting to Hall of Fame 25. Marketing Section for posting and sharing camera images with notes 26. Social Media Integration Tools for sharing project images and notes on Facebook and Twitter 27. Automatically generated daily/weekly project progress update email with camera image and weather 28. Graphical Weather applet displaying local weather data with satellite and updating radar imaging 29. Integration of maps, aerial and satellite imagery 30. Graphical Data Management Tools showing archived and current system status of solar amperage, battery power remaining, wireless radio connectivity, and device location VOLUME 1 -BID DOCUMENTS SC-17 SPECIAL CONDITION ITEM 14A1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION PART 3 — EXECUTION 3.1 WEB-BASED CONSTRUCTION PHOTOGRAPHIC DOCUMENTATION A. General: 1. Install camera system in accordance with manufacturer's printed instructions, State and Municipality codes and requirements, and approved submittals. 2. Install units plumb and at proper angle to provide maximum field of view of on-site operations. 3. Securely and rigidly anchor products in place. 4. The Contractor shall secure a nearby structure for camera mounting or provide a fixed pole (40 foot / 12 meters height recommended) and 3 inch / 8 centimeters minimum diameter as per System Vendor's instruction. The Contractor shall supply all equipment required for safe and secure access to the camera location for technicians performing installation and maintenance services, including building access, bucket truck and/or lift. The System Vendor will consult on and provide recommendations for optimal camera placement and provide professional installation services as required. B. Position camera so that field of view of approximately 72 degrees covers intended area of site. 1. Install camera at elevation that will provide uncompromised visual coverage. 2. Install camera so that position of sun or manmade light sources will not come into direct contact with field of view of camera at any time during construction. C. Pre-installation Testing: Test camera on site at ground level prior to mounting unit in its intended elevated position. 1. Contact system vendor not less than 24 hours in advance of installation for testing. 2. Connect unit. 3. After 30 minutes contact system vendor and require system vendor to remotely confirm camera is operating properly. 4. Install cameras in locations approved by the Representative. D. Clean installed items using methods and materials recommended in writing by manufacturer. E. Check and adjust each camera to ensure proper operation and function. F. Access to account protected by Account Security feature which includes four levels of password protection, IP address block/permission and SSL protection of user login password. G. Live Streaming Construction Site Images: Provide web-accessible image of current site from fixed-location cameras to show status of construction and progress. VOLUME 1 -BID DOCUMENTS SC-18 SPECIAL CONDITION ITEM 14A1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION 1. Frequency: Record one frame of video recording every 5 minutes, from same vantage point each time, to create a time-lapse sequence of construction activities. 2. Timer: Provide timer to automatically start and stop video recorder so recording occurs only during construction work hours. a) Maintenance: The Contractor shall provide all service and maintenance, including cleaning, of the camera system throughout the life of the project including making appropriate arrangements for camera to remain in operation up to and through finalization of all work and "completed state" condition necessary for beginning-to-end time-lapse record. The system shall have M2M — Machine to Machine 24/7 Support with active self-healing technology and automatic software upgrades to maintain the quality, consistency and reliability of all images. H. The System Vendor shall provide time-lapse movie(s) at the end of the project. Time-lapses shall be professionally edited by a video editor using image stabilization software. The movie will start with a graphic, incorporating project title, date and logo. Periods of bad weather or inactivity shall be removed to produce a compelling and consistent movie. A machine edited movie will not be acceptable. I. Termination and Removal: Remove camera system upon Substantial completion. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Camera system including associated appurtenances and mounting equipment are property of Owner. 2. Deliver to Owner using original packaging. END OF SPECIAL CONDITIONS -SECTION 3 VOLUME 1 -BID DOCUMENTS SC-19 SPECIAL CONDITION ITEM 14A1 SPECIAL CONDITIONS SECTION 3 VIDEO MONITORING MARCO ISLAND EXECUTIVE AIRPORT CONSTRUCTION AERIALS, NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS AND DOCUMENTATION THIS PAGE LEFT INTENTIONALLY BLANK VOLUME 1 -BID DOCUMENTS SC-20 SPECIAL CONDITION ITEM 1 4 A 1 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 18-7240 -Volume 2 - Technical Specifications / 18-7240-Volume 3A Technical Specifications/ 18-7240 -Volume 3B Tachnical Specifications 76 Construction Services Agreement:Revised 06152017 1 4 A 1 EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: n/a 77 Construction Services Agreement:Revised 06152017 1 4 A 1 EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: n/a 78 Construction Services Agreement:Revised 06152017 1AA1 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: 18-7240 -Volume 1 Construction Drawings/ 18-7240-Volume 2 Construction Drawings/ 18-7240 -Volume 3 Construction Drawings 79 Construction Services Agreement:Revised 06152017 14A1 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Kurt King Construction Superintendent Charles Wilson Project Manager 80 Construction Services Agreement:Revised 06152017 1 4 A 1 ® DATE(MM/DDIYYW) ACORD CERTIFICATE OF LIABILITY INSURANCE 01/23/2018 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 Anthony Entenza NAMEJDA Insurance Group IIHNC.No.Ext): (561) - role A2960373 ,No): (561)828-0997 120 N Federal Hwy.,Suite#301 ADDRess: danielle©thejdagroup.com INSURER(S)AFFORDING COVERAGE NAIC# Lake Worth FL 33460 INSURER A: Zurich American Insurance Company 16535 INSURED INSURER B: American Guarantee&Liability Insurance Company 26247 West Construction Inc. INSURER c: American Guarantee&Liability Insurance Company 26247 820 N.4th Street INSURER D: American Guarantee&Liability Insurance Company 26247 INSURERE: Zurich American Insurance Company 16535 Lantana FL 33462 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 500,000.00 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual Liability MED EXP(Any one person) $ 10,000.00 A Y Y GLO039847301 01/01/2018 01/01/2019 PERSONAL&ADV INJURY $ 1,000,000.00 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 POLICY X JECr LOC PRODUCTS-COMP/OP AGG $ 2,000,000.00 OTHER: AUTOMOBILE LIABILITY CEaOMBaccident)INED SINGLE LIMIT $ 1,000,000.00 ( X ANY AUTO BODILY INJURY(Per person) $ B OWNED AUTOS ONLY SCHEDULED AUTOS Y Y BAP039847401 01/01/2018 01/01/2019 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) PIP $ 10,000.00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 12,000,000.00 C EXCESSLIAB CLAIMS-MADE Y Y AUC039847601 01/01/2018 01/01/2019 AGGREGATE $ 12,000,000.00 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE 0TH AND EMPLOYERS'LIABILITY D ANY OFFICER/MEMBEREXCLUDED PROPRIETOR/PARTNER/EXECUTIVE YNN NIA Y WC039847501 01/01/2018 01/01/2019 E.L.EACH ACCIDENT $ 1,000,000.00 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 Property(Rental/Leased Limit: $200,000.00 E Equipment) CPP039849401 01/01/2018 01/01/2019 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:ITB Marco Island Executive Airport New Terminal&Associated Improvements COUNTY BID NO.18-7240. The Certificate Holder is named as additional insured including products and completed operations for general liability per form UGL1175FCW,automobile liability,and umbrella liability when required by written contract.General Liability and Auto Liability are primary and non contributory when required by written contract.Waiver of subrogation applies to general liability,automobile liability,umbrella liability,and workers'compensation when required by written contract. Umbrella extends over general liability,auto liability and employer's liability.Should any of the above described policies be cancelled,notice will be delivered in CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3299 Tamiami Trail East,Suite 303 AUTHORIZED REPRESENTATIVE Naples FL 34112-5746 A et A.,,.� co"� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 1 4 A 1 LOC#: AR D® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED JDA Insurance Group West Construction Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance cancelled,notice will be delivered in accordance with the policy provisions. ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD • 14A1 � 1 ® ACc'RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 01/31/2018 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 CONTNAME:ACT Anthony Entenza JDA Insurance Group fA/c°.No.Eats (561)296-0373 FAX No): (561)828-0997 120 N Federal Hwy.,Suite#301 ADDRESS: danielle@thejdagroup.com INSURER(S)AFFORDING COVERAGE NAIC# Lake Worth FL 33460 INSURERA: UNDERWRITERS AT LLOYD'S OF LONDON INSURED INSURER B West Construction Inc. INSURER C: 820 N 4th St INSURER D: INSURER E: Lantana FL 33462 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 LIMITS LTR TYPE OF INSURANCE /Y D WVD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS-COMP/OP AGG $ — $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim 1,000,000 Cyber Liability/Privacy Breach A Pending/TBA 01/31/2018 01/31/2019 Aggregate 1,000,000 ***SEE BELOW*** DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:ITB Marco Island Executive Airport New Terminal&Associated Improvements COUNTY BID NO.18-7240. $1,000,000 Multimedia Liability Limit Per Claim and in the Aggregate $1,000,000 Network Security and Privacy Limit Per Claim and in the Aggregate $1,000,000 Breach Event Costs Limit $1,000,000 Breach Event Costs Aggregate Limit CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3299 Tamiami Trail East,Suite 303 AUTHORIZED REPRESENTATIVE Naples FL 34112-5746 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Detail by Entity Name Page 1 of 2 1 4A 1 Florida Department of State DIVISION OF CORPORATIONS )11r:;tcj I Of tttt t 91dCul Sitio of Ronda webslie Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation WEST CONSTRUCTION, INC. Filing Information Document Number 555487 FEI/EIN Number 59-1809068 Date Filed 12/16/1977 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 12/30/1983 Principal Address 820 NORTH 4TH STREET LANTANA, FL 33462-1710 Changed: 05/01/2017 Mailing Address 820 NORTH 4TH STREET LANTANA, FL 33462-1710 Changed: 05/01/2017 Registered Agent Name&Address MORGAN, MARTHA A 820 NORTH 4TH STREET LANTANA, FL 33462-1710 Name Changed:04/23/1993 Address Changed: 05/01/2017 Officer/Director Detail Name&Address Title VP WEST, DONNIE E 820 NORTH 4TH STREET LANTANA, FL 33462 Title PTD http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/9/2018 Detail by Entity Name Page 2 of 2 14A1 MORGAN, MARTHA A 820 NORTH 4TH STREET LANTANA, FL 33462 Title SEC/VP WEST, MATTHEW F 820 NORTH 4TH STREET LANTANA, FL 33462 Annual Reports Report Year Filed Date 2016 01/26/2016 2016 02/22/2016 2017 01/06/2017 Document Images 05/01/2017--Req.Agent Change View image in PDF format 01/06/2017--ANNUAL REPORT View image in PDF format 02/22/2016--AMENDED ANNUAL REPORT View image in PDF format 01/26/2016--ANNUAL REPORT View image in PDF format 01/07/2015--ANNUAL REPORT View image in PDF format 01/24/2014--ANNUAL REPORT View image in PDF format 01/03/2013--ANNUAL REPORT View image in PDF format 01/05/2012--ANNUAL REPORT View image in PDF format 01/07/2011--ANNUAL REPORT View image in PDF format 01/04/2010--ANNUAL REPORT View image in PDF format 01/05/2009--ANNUAL REPORT View image in PDF format 01/05/2008--ANNUAL REPORT View image in PDF format 01/29/2007--ANNUAL REPORT View image in PDF format 01/18/2006--ANNUAL REPORT View image in PDF format 01/04/2005--ANNUAL REPORT View image in PDF format 01/07/2004—ANNUAL REPORT View image in PDF format 01/08/2003--ANNUAL REPORT View image in PDF format 01/24/2002--ANNUAL REPORT View image in PDF format 01/10/2001--ANNUAL REPORT View image in PDF format 02/24/2000--ANNUAL REPORT View image in PDF format 03/12/1999--ANNUAL REPORT View image in PDF format 02/16/1998--ANNUAL REPORT View image in PDF format 03/11/1997--ANNUAL REPORT View image in PDF format 04/05/1996--ANNUAL REPORT View image in PDF format 04/19/1995--ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/9/2018