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#18-7366 (Atkins North America)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater Street, Naples, Florida 34117-8414, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Marco Airport Apron & Associated Safety Improvements, Invitation to Bid No. 18-7366 ("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 Doc uments 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: Three Million, Six Hundred Eighty-Nine Thousand, Four Hundred and Twenty- Five Dollars ($3,689,425.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than 1 �A Construction Services Agreement:Revised 072118 $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, two thousand eight hundred and eleven dollars ($2,811.00) 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. 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 2 CA Construction Services Agreement:Revised 072118 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 upon, attached hereto and made a part of this Agreement for Solicitation 18-7366 Marco Airport Apron & Associated Safety Improvements. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:Revised 072118 Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Corn pletion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 18-7366 Marco Airport Apron & Associated Safety Improvements. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/ bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box( ®)expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ['Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Atkins North America 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, FL c/o Airport Authority 2005 Mainsail Dr., Suite#1 Naples, Florida 34114 Attn: Justin Lobb, Manager Phone: (239) 642-7878, ext. 35 Email: Justin.Lobb@colliercountyfl.gov 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: Quality Enterprises, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Attn: Louis J. Gaudio, Vice President Phone: (239) 435-7200 Email: Lgaudio@qeusa.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement:Revised 072118 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreem ent. 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. 5 Construction Services Agreement:Revised 072118 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. 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. **** 6 1D) Construction Services Agreement:Revised 072118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Quality Enterprises USA, Inc. FIRST WI1` NESS By: Margarita Negron Louis J. Gaudio, Vice President4/4/19 Print Name Print Name and Title Date SECOND WITNESS Marcie Cohen Print Name 1\l\ Date: ( 1 J / � - OWNER: � ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER • LORIDA Crystal K. Kinzel,Clerk-of Courts&ComptrollerC€),AtilWiit- mob,. ....40 � aBY; l AIWA BY: Attest as o human s ' 4.1/ / illiam L. McDaniel, Jr. pate c v-A 1c";\ nature ani . \ Chairman Aprt.cla to orm nd Legality: , 1.4, L._ M,` / -A33ietent County Attorney Sud p 7,44.L Print Name 7 Construction Services Agreement:Revised 072118 , \.1 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) $ CA Construction Services Agreement:Revised 072118 Project No: 18-7366 Project Title: MARCO ISLAND EXECUTIVE AIRPORT APRON AND AIRFIELD SAFETY IMPROVEMENTS BID SCHEDULE BIDDER: Quality Enterprises USA,Inc. BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST BASE BID 1 M-110-1 Mobilization LS 1 $228,000.00 $228,000.00 2 P-120-1 Removal of Walkway Canopy SF 2,200 $1.50 $3,300.00 3 P-120-2 Removal of Cantilever Gate and Motor Assembly EA 1 $870.00 $670.00 4 P-120-3 Removal of 30-Inch RCP LF 950 $22.50 $21,375.00 5 P-120-4 Removal of RCP(Size Varies) LF 450 $20.50 $9,225.00 6 P-120-5 Removal of Headwall EA 3 $1,850.00 $5,550.00 7 P-120-6 Removal of Trenchdrain(Including Concrete Envelope) LF 210 $75.00 $15,750.00 8 P-120-7 Removal of Stormwater Manhole EA 1 $1,160.00 $1,160.00 9 P-120-8 Removal of Stormwater Inlet EA 6 $1,160.00 $6,960.00 10 P-120-9 Removal of Wooden Dock and Piles LS 1 $2,500.00 $2,500.00 11 P-120-10 Removal of Existing Water Main LF 1,200 $14.00 $16,800.00 12 P-120-11 Removal of Existing 12-Inch Effluent Main LF 1,200 $17.50 $21,000.00 13 P-120-12 Removal of Existing Force Main LF 750 $11.00 $8,250.00 14 P-120-13 Abandon and Grout Existing Water Main LF 500 $14.50 $7,250.00 15 P-120-14 Abandon and Grout Existing 12-Inch Effluent Main LF 100 $21.00 $2,100.00 16 P-120-15 Abandon and Grout Existing Force Main LF 100 $12.50 $1,250.00 17 P-120-16 Removal of Apron Mast Light Pole(Including Foundation) EA 4 $3,650.00 $14,600.00 18 P-120-17 Removal of Parking Lot Light Pole(Including Foundation) EA 2 $650.00 $1,300.00 19 P-120-18 Removal of Existing Tie-down Anchors and Backfill EA 70 $265.00 $18,550.00 20 P-120-19 Miscellaneous Demolition LS 1 $256,000.00 $256,000.00 21 P-125-1 Asphalt Milling,2-Inch Nominal Depth SY 2,800 $3.50 $9,800.00 22 P-125-2 Airside Full Depth Asphalt Pavement Removal SY 3,750 $7.75 $29,062.50 23 P-125-3 Landside Full Depth Asphalt Pavement Removal SY 4,800 $5.50 $26,400.00 24 P-125-4 Miscellaneous Concrete Pavement Removal SY 50 $9.50 $475.00 25 P-151-1 Clearing and Grubbing SY 2,000 $15.50 $31,000.00 26 P-151-2 Stripping AC 3 $5,550.00 $16,650.00 27 P-151-3 Fence Removal LF 2,000 $1.50 $3,000.00 28 P-152-1 Embankment in Place CY 6,500 $12.50 $81,250.00 29 P-152-3 Embankment in Place,Borrow Excavation(A-3 Pond Material Offsite) CY 6,250 $44.50 $278,125.00 30 P-152-4 Export(Material Hauled Offsite) CY 4,500 $6.00 $27,000.00 31 P-152-5 Muck Unsuitable Excavation CY 5,000 $11.50 $57,500.00 32 P-152-6 Subgrade Compaction,0-9-Inch Depth(95%Compaction) SY 4,500 $2.50 $11,250.00 33 P-152-7 Subgrade Compaction,9-18-Inch Depth(95%Compaction) SY 4,500 $2.50 $11,250.00 34 P-152-8 Removal and Disposal of Contaminated Soil CY 50 $65.00 $3,250.00 35 P-156-1 Temporary Pollution,Erosion,and Siltation Control LS 1 $23,500.00 $23,500.00 36 P-211-1 Lime Rock Base Course,10-Inch Depth SY 16,500 $16.00 $264,000.00 37 P-401-1 Bituminous Surface Course,3/4-Inch Max.Aggregate TON 4,200 $167.50 $703,500.00 38 P-610-1 Aircraft Tie-downs EA 75 $550.00 $41,250.00 39 P-620-1 Apron and Taxiway Painting With Reflective Beads SF 3,500 $3.00 $10,500.00 40 P-620-2 Apron and Taxiway Painting Without Reflective Beads(Black) SF 6,000 $2.75 $16,500.00 41 P-620-3 Removal of Existing Pavement Markings SF 1,000 $2.50 $2,500.00 42 D-701-1 18"Reinforced Concrete Pipe,Class V LF 40 $100.00 $4,000.00 43 D-701-2 24"Reinforced Concrete Pipe,Class V LF 205 $102.00 $20,910.00 44 0-701-3 30"Reinforced Concrete Pipe,Class V LF 330 $155.00 $51,150.00 45 D-701-4 36"Reinforced Concrete Pipe,Class V LF 500 $200.00 $100,000.00 46 0-702-1 12-Inch Aircraft Rated Trench Drain(Including Assoc.Catch Basins) LF 625 $445.00 $278,125.00 (ABT-Trench Former TFX System or Approved Equal) 47 D-751-1 Aircraft Rated Manhole EA 4 $9,200.00 $36,800.00 48 D-752-1 FDOT 24-Inch Mitered End Section EA 1 $1,900.00 $1,900.00 49 D-752-2 FDOT 30-Inch Mitered End Section EA 1 $2,300.00 $2,300.00 50 D-752-3 FDOT 36-Inch Mitered End Section EA 1 $2,700.00 $2,700.00 51 D-752-4 FDOT Type H Ditch Bottom Inlet(Modified) EA 1 $6,500.00 $6,500.00 52 D-752-5 Rip Rap,Broken Concrete 6"-18" SY 225 $62.50 $14,062.50 53 F-162-1 Black Vinyl Coated 7-foot High Chain-Link Fence with Barbed Wire LF 1,000 $36.30 $36,300.00 54 F-162-2 Black Vinyl Coated 7-foot High,24-foot Wide Cantilevered North AOA Vehicle Gate EA 1 $11,900.00 $11,900.00 and Associated Pedestrian Gate Project No: 18-7366 Project Title: MARCO ISLAND EXECUTIVE AIRPORT APRON AND AIRFIELD SAFETY IMPROVEMENTS BID SCHEDULE BIDDER: Quality Enterprises USA,Inc. BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST 55 F-162-3 Black Vinyl Coated 7-foot High,24-foot Wide Cantilevered South AOA Vehicle Gate EA 1 $11,900.00 $11,900.00 and Associated Pedestrian Gate 56 F-162-4 North AOA Vehicle Gate and Pedestrian Gate Associated Infrastructure LS 1 $27,500.00 $27,500.00 57 F-162-5 South AOA Vehicle Gate and Pedestrian Gate Associated Infrastructure LS 1 $29,200.00 $29,200.00 58 T-904-1 Sodding SY 12,000 $3.20 $38,400.00 59 160-1 Subgrade Stabilization,12-Inch Depth(100%Compaction) SY 16,500 $4.50 $74,250.00 60 522-1 Concrete Sidewalk,4-Inch Depth SY 50 $40.00 $2,000.00 61 024116-1 Terminal Building Structure Demolition LS 1 $57,500.00 $57,500.00 62 265629-1 High Mast LED Fixture/Pole/Foundation Assembly,70-foot Pole with EA 4 $96,250.00 $393,000.00 Foundation,Installed Complete 63 265629-2 High Mast Electrical Infrastructure for Relocated and New High Mast LS 1 $177,100.00 $177,100.00 Light Poles,Installed Complete 64 331100-1 8-Inch Fire Main,C900 PVC DR-16(Including Fittings) LF 525 $43.00 $22,575.00 TOTAL-BASE BID $3,689,425.00 CA • Project No: 18-7366 Project Title: MARCO ISLAND EXECUTIVE AIRPORT APRON AND AIRFIELD SAFETY IMPROVEMENTS BID SCHEDULE BIDDER: Quality Enterprises USA,Inc. BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST BID ALTERNATES: BID ALTERNATE 1 NORTH APRON EXPANSION 65 M-110-1-BA1 Mobilization LS 1 $40,500.00 $40,500.00 66 P-152-1-BA1 Embankment in Place CY 0 $12.50 $0.00 67 P-152-4-BA1 Export(Material Hauled Offsite) CY 800 $6.00 $4,800.00 68 P-152-6-BA1 Subgrade Compaction,0-9-Inch Depth(95%Compaction) SY 2,500 $2.50 $6,250.00 69 P-152-7-BA1 Subgrade Compaction,9-18-Inch Depth(95%Compaction) SY 2,500 $2.50 $6,250.00 70 P-156-1-BA1 Temporary Pollution,Erosion,and Siltation Control LS 1 $2,200.00 $2,200.00 71 P-211-1-BA1 Lime Rock Base Course,10-Inch Depth SY 4,800 $16.00 $76,800.00 72 P-401-1-BA1 Bituminous Surface Course,3/4-Inch Max.Aggregate TON 1,200 $167.60 $201,000.00 73 P-610-1-BA1 Aircraft Tie-downs EA 18 $550.00 $9,900.00 74 P-620-1-BA1 Apron and Taxiway Painting With Reflective Beads SF 300 $3.00 $900.00 75 P-620-2-BA1 Apron and Taxiway Painting Without Reflective Beads(Black) SF 450 $2.75 $1,237.50 CORRECTED 76 D-701-1-BA1 18"Reinforced Concrete Pipe,Class V LF 15 $103.00 $1,545.00 $100 $1500.00 77 D-702-1-BA1 12-Inch Aircraft Rated Trench Drain(Including Assoc.Catch Basins) LF 120 $445.00 $53,400.00 (ABT-Trench Former TFX System or Approved Equal) 78 D-751-1-BA1 Aircraft Rated Manhole EA 1 $9,200.00 $9,200.00 79 T-904-1-BA1 Sodding SY (4,500) $3.20 (514,400.00) 80 160-1-BA1 Subgrade Stabilization,12-Inch Depth(100%Compaction) SY 4,800 $4.50 $21,600.00 CORRECTED $4:1,137.50 TOTAL-BID ALTERNATE 1 5421,182.50 BID ALTERNATE 2 SOUTH APRON EXPANSION 81 M-110-1-BA2 Mobilization LS 1 $23,000.00 $23,000.00 82 P-152-1-BA2 Embankment in Place CY 800 $12.50 $10,000.00 83 1'152 2 0A2 ..-.. `-: •: 6`F 0 58:00 $490 83 P-152-4-BA2 Export(Material Hauled Offsite) CY (800) $6.00 (54,000.001 84 P-152-6-BA2 Subgrade Compaction,0-9-Inch Depth(95%Compaction) SY 300 $2.50 $750.00 85 P-152-7-BA2 Subgrade Compaction,9-18-Inch Depth(95%Compaction) SY 300 $2.50 $750.00 86 P-156-1-BA2 Temporary Pollution,Erosion,and Siltation Control LS 1 $1,800.00 $1,800.00 87 P-211-1-BA2 Lime Rock Base Course,10-Inch Depth SY 2,000 516.00 $32,000.00 88 P-401-1-BA2 Bituminous Surface Course,3/4-Inch Max.Aggregate TON 450 $187.50 $75,375.00 89 P-610-1-BA2 Aircraft Tie-downs EA 12 $550.00 $6,600.00 90 P-620-1-BA2 Apron and Taxiway Painting With Reflective Beads SF 125 $3.00 $375.00 CORRECTED 91 P-620-2-BA2 Apron and Taxiway Painting Without Reflective Beads(Black) SF 250 $2.75 $687.50 92 D-701-1-BA2 18"Reinforced Concrete Pipe,Class V LF 15 $103.00 $1,545.00 $1i0 $1500.00 93 D-702-1-BA2 12-Inch Aircraft Rated Trench Drain(Including Assoc.Catch Basins) LF 110 $445.00 $48,950.00 (ABT-Trench Former TFX System or Approved Equal) 94 D-751-1-BA2 Aircraft Rated Manhole EA 0 $9,200.00 $0.00 95 T-904-1-BA2 Sodding SY (1.800) $3.20 ($5,760.00) 96 160-1-BA2 Subgrade Stabilization,12-Inch Depth(100%Compaction) SY 2,000 $4.50 $9,000.00 CORRECTED TOTAL-BID ALTERNATE 2 $208,272 50;' $2:0,227.50 NOTE:CORRECTION APPLIED: ALTERNATE UNIT PRICES TO BE SAME AS BASE BID UNIT PRICES PER ADDENDUM CA Project No: 18-7366 Project Title: MARCO ISLAND EXECUTIVE AIRPORT APRON AND AIRFIELD SAFETY IMPROVEMENTS BID SCHEDULE BIDDER: Quality Enterprises USA,Inc. BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST BID ALTERNATE 3 TAXIWAY SAFETY IMPROVEMENTS 97 M-110-1-BA3 Mobilization LS 1 $85,000.00 $85,000.00 98 P-120-4-BA3 Removal of RCP(Size Varies) LF 800 $20.50 $16,400.00 99 P-120-8-BA3 Removal of Stormwater Inlet EA 4 $1,160.00 $4,640.00 100 P-125-1-BA3 Asphalt Milling,2-Inch Nominal Depth SY 450 $3.50 $1,575.00 101 P-125-2-BA3 Airside Full Depth Asphalt Pavement Removal SY 9,200 $7.75 $71,300.00 102 P-151-2-BA3 Stripping AC 3 $5,550.00 $16,650.00 103 P-152-1-BA3 Embankment in Place CY 2,000 $12.50 $25,000.00 104 P-152-4-BA3 Export(Material Hauled Offsite) CY ''. (2,000) $6.00 ($12,000.00) 105 P-152-5-BA3 Muck Unsuitable Excavation CY 1,000 $11.50 $11,500.00 106 P-152-6-BA3 Subgrade Compaction,0-9-Inch Depth(95%Compaction) SY 1,300 $2.50 $3,250.00 107 P-152-7-BA3 Subgrade Compaction,9-18-Inch Depth(95%Compaction) SY 1,300 $2.50 $3,250.00 108 P-156-1-BA3 Temporary Pollution,Erosion,and Siltation Control LS 1 $6,100.00 $6,100.00 109 P-211-1-BA3 Lime Rock Base Course,10-Inch Depth SY 2,400 $16.00 $38,400.00 110 P-401-1-BA3 Bituminous Surface Course,3/4-Inch Max.Aggregate TON 600 $167.50 $100,500.00 111 P-620-1-BA3 Apron and Taxiway Painting With Reflective Beads SF 2,000 $3.00 $6,000.00 112 P-620-2-BA3 Apron and Taxiway Painting Without Reflective Beads(Black) SF 2,750 $2.75 $7,562.50 113 P-620-3-BA3 Removal of Existing Pavement Markings SF 1,000 $2.50 $2,500.00 114 D-701-1-BA3 18"Reinforced Concrete Pipe,Class V LF 130 $100.00 $13,000.00 115 D-751-2-BA3 FDOT Type D Ditch Bottom Inlet EA 2 $3,800.00 $7,600.00 116 D-752-5-BA3 Rip Rap,Broken Concrete 5"-18" SY 100 $62.50 $6,250.00 117 T-904-1-BA3 Sodding SY 18,500 $3.20 $59,200.00 118 160-1-BA3 Subgrade Stabilization,12-Inch Depth(100%Compaction) SY 2,400 $4.50 $10,800.00 119 L-100-1-BA3 Verification of Existing Conditions LS 1 $600.00 $600.00 120 L-104-1-BA3 Temporary Airfield Lighting During Construction LS 1 $43,500.00 $43,500.00 121 L-108-1-BA3 No.8 AWG,5kV,L-824,Type C Cable,Installed in Duct Bank or Conduit LF 8,700 $2.15 $18,705.00 122 L-108-2-BA3 No.6 AWG,Solid,Bare Counterpoise Wire,Installed in Trench LF 4,500 $1.50 $6,750.00 123 L-108-3-BA3 '/."x 10'Copper Clad Steel Ground Rods,Including Ground Connections EA 65 $236.50 $15,372.50 124 L-108-4-BA3 14'x 10'Additional Ground Rod Sections EA 195 $165.50 $32,272.50 125 L-109-1-BA3 Electrical Airfield Lighting Vault Equipment Demolition LS 1 $2,450.00 $2,450.00 126 L-109-2-BA3 L-828 Constant Current Regulator(CCR),6.6A,10kW EA 1 525,415.00 $25,415.00 127 L-110-1-BA3 Electrical Duct Bank,2 Way 4°PVC,Direct Buried LF 75 $21.50 $1,612.50 128 L-110-2-BA3 Electrical Duct Bank,2 Way 4"PVC,Concrete Encased LF 100 $63.00 $6,300.00 129 L-110.3-BA3 Electrical Duct Bank,1 Way 2"PVC,Concrete Encased LF 175 $33.00 $5,775.00 130 L-110-4-BA3 Electrical Conduit,1 Way 2'PVC,Direct Buried LF 3,900 $7.00 $27,300.00 131 L-115-1-BA3 Electrical Handhole EA 2 $11,350.00 $22,700.00 132 L-115-2-8A3 Electrical Junction Structure EA 4 $1,525.00 $6,100.00 133 L-125-1-BA3 Electrical Demolition LS 1 $158,000.00 $158,000.00 134 L-125-2-BA3 L-861T(L),LED,Medium Intensity,Taxiway Edge Light EA 45 $1,500.00 $67,500.00 135 L-125-3-BA3 L-861(L),LED,Medium Intensity,Elevated Runway Edge Light EA 1 $1,850.00 $1,850.00 136 L-125-4-BA3 L-852D(L),LED Medium Intensity,In-pavement Runway Edge Light EA 1 $4,660.00 $4,660.00 137 L-125-5-BA3 L-858(L(,LED,Sign Unit,1 Module EA 3 $5,870.00 $17,610.00 138 L-125-6-BA3 L-858(L),LED,Sign Unit,2 Module EA 4 $7,300.00 $29,200.00 139 L-125-7-BA3 L-858(L),LED,Sign Unit,3 Module EA 2 $8,750.00 $17,500.00 140 L-125-8-BA3 L-858(L(,LED,Sign Unit,4 Module EA 2 $11,700.00 $23,400.00 141 L-125-9-BA3 Power Meter Relocation LS 1 $11,900.00 $11,900.00 142 L-125-10-BA3 Agency Coordination LS 1 $20,500.00 $20,500.00 143 L-863-1-BA3 New Portable Lighted Runway Closure Marker EA 2 $28,000.00 $56,000.00 TOTAL-BID ALTERNATE 3 $1,107,450.00 TOTAL-BASE BID+3 BID ALTERNATES $5,418,330.00 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 072118 CA(} Page 1 of 2 Email: jimflanagan@colliergov.net CO ler COVintY Telephone: (239)252-8946 Mmihistraive Servimsthan ADDENDUM #1 Memorandum Date: May 18, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 18-7366 Marco Airport Apron &Associated Safety Improvements 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. ➢ Attached: Revised Bid Schedule o NOTE BID SCHEDULE CHANGES: ■ one air craft rated manhole was moved from Bid Alternate 2 into the Base bid. ■ the 1,200 in bid item 83 that went from negative to positive. • These items are highlighted in yellow on the attached revised bid schedule o NOTE: SAME-PAY ITEM UNIT PRICES IN BASE BID TO BE SAME AS SAME-PAY ITEM UNIT PRICES IN ALTERNATES. ■ Same-Pay-Item Alternate Unit Prices have been shaded as applicable and functioned/automated from base bid unit pricing to automatically calculate in alternates on the attached revised bid schedule. > Attached: Revised CA.03.02 ADD#1 -Typical Sections —Corrected section notes > Attached: Revised CA.04.11 ADD#1 — Miscellaneous revisions/corrections > Attached: 05-10-18 Pre-bid Agenda, Minutes and Sign-in sheets Please acknowledge receipt of this Addendum with your bid proposal. Signature Louis J. Gaudio Vice President Quality Enterprises USA, Inc. Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. 0 Page 1 of 2 Email: jimflanagan@colliergov.net CO ler C10141117 Telephone: (239)252-8946 Administretive Se CiViSi0f1 rei iro ADDENDUM #2 Memorandum Date: May 29, 2017 From: Jim Flanagan, Procurement Strategist To: Interested Parties Subject: Addendum #2— 18-7366 Marco Airport Apron &Associated Safety Improvements 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. ➢ In response to Q &A posed on-line: Questions: Addendum 1 states"same-pay item unit prices in base bid to be same as same-pay item unit prices in alternates." Since the material for embankments in the base bid and the individual alternates will be excavated and placed using different means and methods,the unit costs for the embankment in place items will not be the same. If these cost variations cannot be allocated to the individual embankment bid items,how do you want the adjustments to be made? Additionally,we will be unable to properly allocate the costs of work that is incidental to a particular bid item but not directly proportional to the bid item quantity if the bid item unit price must be the same in the base bid and all alternates.As an example,using the quantities in the bid schedule,the base bid includes 16500 SY of P-152-1 base, and 9300 SY of 160-1 stabilization.The balance of the 7200 SY of stabilization is incidental to 8500 CY of P-152-1 embankment, ( .85 SY/CY).At an FDOT average unit price of$4.06/SY,the incidental stabilization cost that would need to be added to the embankment unit price would be.85 SY x $4.06 =$3.45/CY.Alternate 1 includes 4800 SY of base and 2500 SY of stabilization.The balance of 2300 SY of stabilization is incidental to 400 CY of embankment, (5.75 SY/CY).At the same unit price of$4.06/ SY,the incidental stabilization cost that would need to be added to the embankment unit price would be 5.75 SY x$4.06=$23.35/CY.In this example,the alternate 1 balanced unit price for embankment would need to be nearly$20.00/CY higher than the base bid balanced unit price,just to cover the difference in cost of the incidental stabilization. Once again,if the cost variations cannot be allocated to the specified bid item,where do you want them to be included?There are other bid items with similar issues to the examples above. (Submitted:May 22, 2018 2:44:05 PM EDT) Answers: The pay item for FDOT 160 stabilized subgrade pay item has been revised to be applicable to the all areas beneath the proposed pavement sections.Note 3 on CA.03.02 has been revised as stated below and issued in Addendum 2: All work associated with 12"stabilized subgrade and compaction shall be completed in accordance with Specification 160 Stabilizing. This work shall be paid for under the Section 160 Pay Item for "Subgrade stabilization, 12-inch depth(100%Compaction)". In cut sections, any excavation required to obtain compaction in cut sections will not be paid for separately. In order to reconcile the revised FDOT 160 stabilized subgrade pay items, the P-152 quantities have been revised accordingly.All revised quantities have been highlighted in yellow in the Rev2 Bid Schedule issued in Addendum 2. Page 2 of 2 Note 11 on CA.03.02 has been revised to add the statement: "Any excavation required to obtain compaction will not be paid for separately." > Attached: Revised Bid Schedule o NOTE BID SCHEDULE CHANGES— FOR BASE BID AND ALTERNATES: • one air craft rated manhole was moved from Bid Alternate 2 into the Base bid. • the 1,200 in bid item 83 that went from negative to positive. • These items are highlighted in yellow on the attached revised bid schedule ■ P-152-1 Embankment in Place quantities revised • P-152-4 Export(Material Hauled Offsite) quantities revised • 160-1 Subgrade Stabilization, 12=Inch Depth (100% Compaction) quantities revised o NOTE: SAME-PAY ITEM UNIT PRICES IN BASE BID TO BE SAME AS SAME-PAY ITEM UNIT PRICES IN ALTERNATES. ■ Same-Pay-Item Alternate Unit Prices have been shaded as applicable and functioned/automated from base bid unit pricing to automatically calculate in alternates on the attached revised bid schedule. > Attached: Revised CA.03.02 ADD#2-Typical Sections—Corrected section notes o Note 11 on CA.03.02 has been revised to add the statement:"Any excavation required to obtain compaction will not be paid for separately." > All Bid Questions have been answered. Questions and Answers are hereby incorporated into the bid. Please acknowledge receipt of this Addendum with your bid proposal. Signature Louis J. Gaudio, Vice President Quality Enterprises USA, Inc. Bidder If you require additional information, please post a question on the Online Bidding site or contact me using the above contact information. .War k; 3 a µEi P'6CZSOO a )1; 1 x ,' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Marco Airport Apron&Associated Safety Improvements BID NO.18-7366 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3494 Shearwater Street, Naples, FL 34117-8414 _. Place of Business Same Telephone No. 239-435-7200 Fax No. 239-435-7202 State Contractor's License# CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number F950000025 50 Federal Tax Identification Number 54-094700? DUNS# 050997386 CCR# N/A Cage Code OXMZ7 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. r Nom+ .. +.»��r�+C�i.+n � xvin�l� a'aw, '+s aamzwr�e u,s'� y �' ✓roc�ri+ - . * fry O 2 a RAJ O,;� C2 MIrr D QA H]a OJ C sg Kt. r�;'. � e� it tiP'fJ.`v. �'�Jfi$ ww.zul�,.nn.nl�� .�.�;��������h•3oS� wiM�ay.4 oNrw«/v'a.Mdn� c �`�. Marco Airport Apron&Associated Safety Improvements Bid No.18-7366 Name Personnel Category Paul Moriarty Construction Superintendent Allison Murrell Project Manager Cto • a ;4•ori : . ; I _Xb 4. Vl r . MAR , W*`a .,'y-_"�-'ill 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. 7,74 Millan s Ili*Ail• 304 6n� eiriri : at � ^,�S ` z7.- g„ntuL A ' c t itS `" �covo3 e 4 z . 4,' � . e� O * r12 . •=` hco ' A; . � c t.. Ems.ea.OE .O. ^ 1 V. %,..'-'. . ,. u 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. ��.q at5UfiIEA wys!_ i'3Yx , wk ➢ amw, aFs+l 17zaw.3,.. di n�+g irrMaarpti �w ' g 4 ' ± 7ys t "'$y, vikt %Pt6 * reW irfi " M � � s* � � '41, .t f t ry tr- lrft r S rg maaR :fK ' � Lf • + ' r ' !": " Si nit e1hiagl Tdeta ti r , ,aCuAt � (t 1V� 4 i tF'CL JS R21?i *VJ g44 2 ^, hP (yF6 g: t:26t ':; �iitia . aiidttli; itegi i`eFis xv '3tegr ik u:1 � raiit tflt kinGttaid ID 4eeWra:.. foF �� rcr_F O 4,1,-ea:0O.3�YV�+.OR,, eirn'bw�a, }5. a. 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. 'VI7 P a o o ork� � , ub,con actor;•n. .• e s ,c ka , ,, ; "r:� x y W �`• � its 1 a-' v*0 ' � ;: Y� !F '� � ,, l'.,.n�i ;irkr x �4 a... '.L ,g:'�'z 4F:�-.°.•c.'i`�"xxr,-fib k+�,. '6-e�-. 1. Sitework&Paving 2. Building Demolition HONC Destruction, Ft. Myers, FL 3. Underground Utilities 4. Electrical AIS, Ft. Myers, FL 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule �� w r r y hti' Fl+ x t n xY �'� �,' a 7r ,f f� t7'l�a�'��g. i� '�"�X .ee. ny c ` � �� i nit e -; 4,-;; .�� , rr's ,, 1M.'S ,' 40� 41 u0"c y °.`°' a U"�c T 1. t i" r �A •��r y'4,,,, ti' f y x ,x 't• �'S�w 04,4,`.),- i t5 attire - N':,n 4174, ` ``"W, ,avg,6��rc ,.�,� r it I r0 ,buy Date e�Si'gebir 0 l J .�kn+dJ}eh #iNw;#Rhys. ravy(a+a� Psi�p,#a (a�'.c..,d ,w a�j1��x., .. W # -• L 4 .y t`i " h`La ;Ol 'rJ. 6 ::-IV :Y-�. t;:i � ra":, �; .r�u 11 l i;;. ,z ;i is O, erc,: r ..t., .S`:. k.g.. "!S y_ 4 .i5-nry-. �.1i�P.5�w. Mm..91w. .FJYs'h.• 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) 1. Runway 3 Extension Pat Turney, 704-426-6070 Hilton Head Island, SC PTURNEY@TBECLT.COM 2. MYR ARFF Pavement & Trench Drain John Massey, 910-763-5350 Myrtle Beach, SC JMASSEY@TBIILM.COM 3. Taxiway A Extension James Parish, 941-639-1101, ext. 102 Punta Gorda, FL JPARISH@FLYPGD.COM 4. 5. 6. +� t@'. ,�asi•' 7 rz'w'rl,5 rk: m� v s .t e i 4 :i, r4'�. ..� ,' (,'-:46'. •moany ?1xtL '�� i e�' ". nw'af�,.l.` !! X f aS " 1,,:,4 � h '�s =-0,,' . ��.'./.� �1�e � fie.trr�C�. N»v rF s &, GLTt ��-C"�9.5'�`$ gym'l�&�"'S�-.� 4 1 e� � x +-'`PTS �F Y' f "°�'fi� '� E`{Y� ` a` a r � ,k p a ar i ,, t� 4 �a }pig�11ture,. 't,'4 a,x,;,-,:,6x *.4, r it ,01,?v*t`9yT' c� s 3a�!4 ,T( r Da h6 2,a t ,4164, . 1 `'4'•:` r �.., 1�a 1,iar , f- Yff kd P.rY 1 `44 ! ,�� iS k-a� glI J r .y.,var P i` C1iA} X.Sggi&M' ` gg 'aR illi Y n # .,,,,,,,,-„,,,,,t...,,,.0....„,,,, e�s1YY,'e'dh aJwXA:'�-'+h � 'blv.va:l�l,:e..ay.,a.-<�.u.�o,A�k{... m..:.�ww n:;c,.S,Vr ...nI.L.J1w5 dbT:.�x�.. `t;�.�L a.._ y spt u aaar, .+.a+efax<.x .:.,. ¢ _ 'M1" w^ i rk a"µ -N .•*r,.,-- , `I',1,"-.' , Cx e,. ,.tea ";4 , .s , ,. ti v,,... 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 Cost Measure Measure (Quantity) Cost (Description) (LF,SY) 1. Slope LF 6,985 $ 5.00 $ 34,925.00 2. 3. 4. 5. TOTAL$ 34,925.00 Failure to complete the above may result in the Bid being declared non-responsive. ®1llrFln a®o Al e r � `{f-^ rr tr s§ r y -4,,,,,,,," 4,r,,, 4 ,w' 4, X' �w"'Es�, �i1 ia5`�o. vs .� 7 s � � �� $ `ir� ''� �c a� r�"�t�'7 lea ., -- :-.0 ^4v' a va r t r. }, } a e e a1e'1� ° t �.'''S.'�i,Vi�,�. .? �,AF�.•¢✓..c.� s, �k` .. fC3�t � a4✓?94 - it liVgaw.r:`; � r 021d01ii, S4.4u31iti{ka.]$tf."6).:4t,i.la -4Hv vrar 4rin�. # , {E Quality Enterprises USA,Inc. (herein KNOW ALL MEN BY THESE PRESENTS,that we (herein called the Surety), a corporation after called the Principal) and Fidelity and Deposit Compan of Ma + chartered and existing under the laws of the State of Mary— with its principal offices in the city of Florida are e held and firmly bound unto I Schaumburg and authorized to do business in the State ofteinafter called the Owner), the full and just sum of the Board of County Commissioners,Collier Count Florida and lawful money of the United States I -Five-Percentef-Amount-Bid— dollars($ ss%-oLit - )good 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 I) 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 I incidentals necessary to furnish,install, and fully complete the Work on the Project known as Bid No. 18-7366 Marco Airport i Apron&Associated Safety Improvements. 1. NOW, TiEPORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required , Agreement with thed orOwcierben and withinmount of 100%ten days after dthe total Contract Amount as specified in the B Bidding Die date of a written Notice of Award in accordance with e tume�o rsContrac I and give is bond or bonds in an 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 S 5%-of-Bid noted above as liquidated damages,and not as a penalty,as provided in the Sidling 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 31st day of May ,2018 . Quality Enterprises USA,Inc. Principal �' (Seal) BY Louis J. Gaudio, Vice President Surety Fidelity and Deposit Company of Maryland jT-'1 (Seal) Terri K.St / arYlorpin-Fact Countersigned D n' i J. Non-R i en gent Appointed Producing Agent for Fidelity and Deposit Company of Maryland Upon notification that its Bid has been awarded,the Successful Bidder will executnds .the ndlAgreemet formcatt attached eed tot the Bby idding Documents within ten (10) calendar days and deliver the Surety Bond orhe 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 eement,Insure= eet Bidderiodfnile to vent of ute such failurd deliver e, Owner the total amount required Owners damages, will be difficult,t if not and Bonds irnposs impossible,to requiredfitimesperiod. In the event rs riiate and fair that Owner receive liquidated damages from the definitely ascertain and quantify. It is hereby agreed that it is appropriate Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, anal Bonds as required hes any ze the above not The Successful da agesr hereby penalty, ssly which waives the partes ag agree represents ents right air and reasonable estima e of which it may have to seek to Owner's actual hated liquidated bidding i ' p tY+ . damages at the time of bddiif the Successful Bidder fails to execute and deliver the Agreement,Insurance Certificates,and Bonds in a timely manner, . gned ence work t site Upon receipt of signed days from the ccoommencement datePurchase stipulated Order, iin the the written Noti eproposes Proceed unleslthe Project aManage, nwithin five(5). 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 It ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Mark C.BUNDY,Tammy A.WARD,Terri K.STRAWHAND,Daniel J.GRYGO and Kathryn SNELL,all of Virginia Beach,Virginia, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of June,A.D.2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND • ./ 'ro.dEI si ,.GPi1MINSt1O'... t,�,` o 4. rw *s°2k wr .41 t Sia £ A$48t1P CP BY: Vice President MichaelMcKibben Secretary Michael Bond Michael State of MarylandFOR YOUR PROTECTION, County of Baltimore LOOK FOR THE ZURICH WATERMARK On this 26th day of June,A.D.2017,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ;,1..t U ii i'r.>>l �r:fiG1y , 9pQa2 �t��a Y r ''gym� 4 Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 • POA-F 176-3814A 111) EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. • This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thi 314 day of (t ,20ig. s (8aL) " \ 1G89 d ••�''�."wi+.+.off A�� • P David McVicker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 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 F1 ori d a County of rn13-f v T,ntii s J. Gaudin , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organised as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Louis J. Gaudio , 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 Virginia ,which operates under the legal name of Quality Enterprises USA, Inc. ,and the full names of its officers are as follows: President Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager The is authorized to si•• -• k V. .n bids and contracts for the company by action of its Board of Dir tors taken , a certified copy • . •' h is hereto attached(strike out this last se ence' t applicable). (b)Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c)Individual The Bidder is an individual whose full name is , and if operating under a trade name,said trade name is Complete for information contained in(a)Corporation,(b)Co-Partnership or(c)Individual from previous page. DATED %/5/18 Quality Enterprises USA, Inc. Legal Entity BY: Louis J. Gaudio Witne§ � '" /Carrera. Name of Bidder{Typed Witness Mar g.'dita Negron Signature - Vire PreRidpnt Title 3494 Shearwater Street STATE OF Florida Naples, FL 34117-8414 COUNTY OF Collier The foregoing instrument was acknowledged before me this 5th day of June , 2018 , by Louis J. Gaudio , as Vice President of Quality Enterprises USA,Inc. a Virginia corporation, on behalf of the corporation. He/she is personally known to me or has produced N/A - Known dentif c 'o .and did(did not)take an oath. My Commis i• .• - :.; . t,Ii _ MARCIE L.COHEN (Signature of Notary) *: • .*: MY COMMISSION#GG 152066 NAME: Marcie L. Cohen ;r. .�a= EXPIRES:February 11,2022 Pingo (Legibly Printed) ( `+a' "'I''yl Notary Public,State of F1 nri da Co ter County Administrative Services Department Procurement Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict, Firm: Quality Enterprises USA. Inc. Signature and Date: „rte 6/5/18 Print Name: Louis J. Gaudio Title of Signatory: Vice President S CIPer County Administrative Services Department Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith;without collusion or fraud. The Vendor agrees,if this solicitation submittal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 5th day of June ,2018 in the County of Collier ,in the State of Florida . Firm's Legal Name: Quality Enterprises USA, Inc. Address: 3494 Shearwater Street City,State,Zip Code: Naples, Florida 34117-8414 Florida Certificate of F9500000.2550 Authority Document Number Federal Tax Identification 54-0947002 Number *CCR#or CAGE Code OXMZ 7 *Only if Grant Funded Telephone: 239-435-7200 Signature by: (Typed and written) Louis J. Gaudio Title: Vice President •CAQ CO[i& County Administrative Services Department Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further,Vendors 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 proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor'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 proposal. Company Name Quality Enterprises USA. Inc. PrintName Louis J. Gaudio Title Vire Prec,iAPnt Signature ---- Date 6/5/18 State of Florida County of Collier signee e i gnee of these Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. • Commission No.: GG 152066 f.,,I I. Notary ...,..c4;4? MARCIE L COHEN *r _' ;; MYCOMMISSION#GG 152068 :724.+..,I c EXPIRES:February 11,2022 ,001'° Sand9d Thru Public UntN wri$r "AO ErnprOY.taWitard Page I.01 ii ,-• ' ''''''''^-'-- 'f,t,.;,-.4td, mums otrID 14.4.4010 n.relOYIT) Ugilt ONibility Ver*Othan EILEE0 VTTI.MN E1.1113t501 1023 AM-10/1K010 JAE out .. . . . , . i 1101;t0 • 1 Company.information MyCas View Uses: Company Name; QUALITY.FATIiRPRISES USA,INC MyProfile •---------,-..,.....„............_ •• tompiriy ID Ntinibert 234219 Edit.Prorile Doing:Sueinees-As(OSA) Change PaSsword Nemo: • PUNS Number' I Clienge SOMA*Questions - • ' ,. lety.Vompany Physical Location: . Mailing Address: I Edit Company:Prate Ackit1t0 1; 2P4 TE117,41N CT A204,040.li! livid New User Addrosie 2.: Ackiresel: [Nam,Existing I.Isers j city t: CHESAPEAKE tf4t; ti6iiii*mile*kcciiint liat411 VA =SIele; LIP Code: 442P. Zip Cochn , .1Yly Regaiii co.unti.:. ctiEsAppkfmptre I View Angelis Milttasourags AtPitional Inforrrattiorg . 1 vidw EataatrainttaaaVa gietfteriderttiffeation Nunibtit:540947009 ' I Take Tutorial Total NUMbar:ofErnigcryeeer 100 t '499 . View User Manual Pertint Dtentzetion: centeet Us AtInijnistrator: bLIAL41*ENTEPPROES6tAiNt. • Organization Pesignaticin: ErMiloyerteiligOty: Faust torrimotor without PAFIVieriftOlause.„ Mita dada:. i38-;SPECIALTY:TPAPE CONTFIACTOOS • i . ,,, ,„ Total Hiring Sites 7 .. , . , Total Points Of Contact: 3 MEIN —...-- ............................__......_ __.........._ ... 1011111111 ii4,010,-45-5;,k1 :' •- .- ' -' , . . :.,.,, . . us,Departm ova of Homeltnri Seavity-www.dhcgay us.mimeo and ImmtgratiorrServicas-wtoktotcts.itav Atzessibitity-bavaiioad Vittwortt It https://e-verifyuseistov/omplEmployeTWizigclAspx TO 9P201 0 .... . ....,.. ,.. ... ...._ . ......,.. ..... ..... . .„ . . _. .... ,... . ........ . . Co'LLier Comity Administrative Services Department Procurement Services Division FORM 12-VENDOR 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) requires 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 Quality Enterprises USA, Inc. (as shown on income tax return) Business Name(if different from taxpayer name) Address 3494 Shearwater Street City Naples State Florida Zip 34117-8414 Telephone 239-435-7200 Email T.GATmT0PQETTSA_COM Order Information 'be illeyj;q ) Remit/Payment Information us O:filledirou , Address 3494 Shearwater Strcct Address 3494 Shearwater Street City Naples State FL Zip 34117-8414 City Naples State FL Zip 34117-8414 Email LGAUDIO@QEUSA.COM Email ELITTLETON@QEUSA.COM 2. Company Status(check only one) _Individual/Sole Proprietor X Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity Limited Liability Company wader Litcinal Scrvicc guidelines IRC Entei the tax classification 501 (c)3) (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 54-0947002 • (Vendors who do not have a TIN,will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certiji that the information shown on this form is correct to my knowledge. Signature _ Date 6/5/18 Louis J. Gaudio Title Phone Number Vice President 239-435-7200 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: y-. •d : �u ©hmrisD,a rww � .nanr .r.» `A•, e-vnl•• *-"'14%Jf 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. Bid Schedule has been completed and attached. 5. Any required drawings,descriptive literature,etc.have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: 1. Bid Form(Form 1) 8. Insurance and Bonding Requirements(Form 8) 2. Contractors Key Personnel(Form 2) 9. Conflict of Interest Affidavit(Form 9) 3. Material Manufacturers(Form 3) 10. Vendor Declaration Statement(Form 10) 4. List of Major Subcontractors(Form 4) 11. Immigration Law Affidavit Certification 5. Statement of Experience(Form 5) (Form 11) 6. Trench Safety Act(Form 6) 12. Vendor Substitute W-9(Form 12) 7. Bid Bond Form(Form 7) 13. Bidders Checklist(Form 13-this form) 9. Copies of required information have been attached 1. Company's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses-valid and current (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) 10. All of the following Grant Certifications and Assurances forms have been completed,signed and attached 1. Certification Regarding Tax Delinquency and Felony Convictions 2. Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Covered Transactions 3. Conflict of Interest 4. Disclosure of Lobbying Activities 5. Buy American Certification for Manufactured Steel 6. Grant Acknowledgement of Terms and Conditions 7. Disadvantaged Business Enterprise Utilization Forms 1-4 11. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 12. Any addenda have been signed and acknowledgement form attached and included. 13: 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. Quality USA,Y Enter rises P Inc Bidder Name 6/5/18 Signature&Title Date Louis J. Gaudio, Vice President Detail by Entity Name Page 1 of 3 Yhrida DeLartrnent of"3tG r D IY:biOfi �'Cri.. O.:.1'IU`NS Department of Stets / Division of Corporations / Search Records / Detail ev Document Number/ Detail by Entity Name Foreign Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 FEI/EIN Number 54-0947002 Date Filed 05/25/1995 State VA Status ACTIVE Principal Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Mailing Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 12/04/2017 Address Changed: 12/04/2017 Officer/Director Detail Name&Address Title PD MURRELL, HOWARD JJR. 3494 Shearwater Street NAPLES,FL 34117-8414 Title ST MURRELL,STACEY http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/20/2019 Detail by Entity Name Page 2 of 3 3494 Shearwater Street NAPLES, FL 34117-8414 Title Officer/Assistant Secretary Murrell,Allison B 3494 Shearwater Street NAPLES, FL 34117-8414 Title VP • Gaudio,Louis J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Corporate Officer • Murrell,Ill,Howard J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Corporate Officer Murrell, Rachel S 3494 SHEARWATER STREET NAPLES,FL 34117 Annual Reports Report Year Filed Date 2018 01/24/2018 2019 01/07/2019 2019 02/11/2019 Document Images 02/11/20019--AMENDED ANNUAL REPORT View image in PDP format 01/07/2010—ANNUAL REPORT View image in PDF format 01/24/2018—ANNUAL REPORT View image in PDF format 12104/2017--Req.,Agent Change View image in PDF format 07/21/2017--AMENDED ANNUAL REPORT View image in PDF format 05/02/2017--AMENDED ANNUAL REPORT View image in PDF format 02/06/2017-ANNUAL REPORT View image in PDF format 01/25/2010—ANNUAL REPORT View image in PDF format 01/ 9/2015--ANNUAL REPORT View image in PDF format 01/05/2014--ANNUAL REPORT View image in PDF format 01/09/2013—ANNUAL REPORT View image in PDF Format 01/26/2012--ANNUAL.REPORT View image in PDF format 11/08/2011--Rea.AgentChange View image in PDF format 01/27/2011--ANNUAL REPORT View image in POE format 02/05/2010--ANNUAL REPORT View image in PDF format 01/14/2009—ANNUAL REPORT View image in POE format err O http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/20/2019 Detail by Entity Name Page 3 of 3 09/26/2008—ANNUAL REPORT View image in PDF format 01/24r2008--ANNUAL REPORT View image in PDF format 02705/200:--ANNUAL REPORT View image in PDF format 01/23/200:—ANNUAL REPORT View image in PDF format 01/12/2005—ANNUAL REPORT View image in PDF format 01/29/2004—ANNUAL REPORT View image in PDF format 02/0612003—ANNUAL REPORT View image in PDF format 06/13/2002--ANNUAL REPORT View image in PDF format PL06/.Pc2-7-ANNUfIL REf OFtT View image in POE format 04/03/2001--ANNUAL REPORT View image in PDF format 08/28/2000--ANNUAL REPORT View image in POE format 04/30/1999—ANNUAL REPORT View image in PDF format 02/033/1998—ANNUAL.REPORT View image in PDF format 04/21/1997—ANNU.AL.REPORT. View image in PDF format 05/01/1996--ANNUAL REPORT View image in PDF format 05/25/1995--DOCUMENTS PRIOR TO-199? View image in PDF format FICrefe Dopa.?mn n.t of State.,utvittele Of Caffattatkinit .AU http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/20/2019 State of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a Virginia corporation authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31, 2018, that its most recent annual report/uniform-business report was filed on January 24, 2018, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of January, 2018 a td fitiy� ra /!i� ��, �t 1644 04", 5 Jai ' �, qn,�' w Secretary of State �b W>G.jK Tracking Number:CC5094720198 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication CAO "* a ,. STATE OF F.LORDA` I `,,: ;;; . ..r ,�. ,.- , i- ;,ghT , �x ;: W w T' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 921�y V- " .. ' • CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 G.o.u.E= 2601 BLAIRSTONE ROAD . TALLAHASSEE FL 32399-0783 MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 • Congeetulationsl Wath tris license: you become one of the nearly 3i�x4 ;� 6: - g ,. '„��fx s one.million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range ..` STATS t7F.,FLO-RID.A 11e from architects to yacht brokers,from.boxers to barbeque ,: .` ""DEPA MEf 1CR*.*1S1 ESS At • - restaurants;end they keep s:economy strong. vE 'pROEE,5SCe U TIOL„w - Every day We work to improve the way we do business in order .. 231 a '��._? W >' i� 8. .,...O� - to serve you;better. For information about our services, please -� 'A. °'�- a. r ,' a;. . log onto www myflorrdalicense.com. There you can find more . -Wr-.-115. B t, s ltd a e-''€� -•M�"---, d:` information about our divisions and the regulations that impact k-"-'" �lJ� d ^. """�"" sA you,subscribe to department newsletters and learn more about L. A IT.,E. .sir.. 1 fez:), the Department s initiatives. " �$r, ,R k-, •.. .. Our:mission at the Department is: License Efficiently,Regulate "mow 4 •�'"""` """• � ., ....`''mss.+•° 0. `� Fairly.We constantly strive to serve you better so that you can t-" `" 9 ' V Fr111 ++•e,. i?,»QvrsrG, pt"°L '¢ serve your customers Thank you for doing business in Florida _ rat tem"', 34,16'. ., k-tpoa"-Nao z� `,, and congratulations on your new licensel i :4 i '2Q1oS Ltd. `,7,,,y'.V,' 'TO* tri,,..3' Vi',ti. '`1 :.f" ,7' yam... • ' DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY • ...--. ':_ STATE OF�FLORIDA '-- " .; W,.;... DEPARTMENT OF:BUSItIESS AND PROF,ESSI INIAL REGULATION > .' ' .4 - ,- , ..-CONSTRUCT.JON„INDUSTRYLICENSING HOARD s k` I , L-- ENUMBER _,-...' -.. ... -. 4t ,-.7-,,,:-.:,:::-...\'",.\, ' *4-' , :. t . Tte;BUJLDING CONTRAOTOi , , ,-w. , . • Named-bi fow! 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'r:;i0W14''', ntf02a.9 .•••••••,..;,i .,,not;29,11 t ultgrr.that iffkbe '''.'7"" • . --.....4".i,...,... :::?..1.,„,,ii,,.:.•.T.7,fg8ifilp,FA;:; ,cobE,: -.., .:,iiiv.Itip.,,.....wop.,g,rF ......iiii....its • .. ...,. ..,. ...,..... .... e s ... 0_1,0S10104T,•91‘1ilti-..-sfrie441W..Cai,r(.40 "r0)46i.i. e '91P.'s 7 .•••• ,•,„,..,.. ••,..4.:. •.;•'....•••:-,. • -. .•••• . Y' '..dsc'.1416(1t-1:FilWi5.6:ii6Pse .:*6171. Y,'.:::::,:..:...!.- „...„,,...„.... '. ..::., ....'. ott ...iitolop_•...L7). t;.i.h9 licensee :,„,..: ...i__31 ?..f....Y::••-'',.,:. _.. . 9t,..91,4?„?gl..tre.?C911.: ' :•. .. :;•!-.4 1_7.1.1:'-'4-,-•'':---- %h00P ,;.---7.7.--5. ,.......:.. .. 7,., .-E-7:t.. •-. ..,..... .:.,..;..:::.... ..;:....„.?,:,..• ..i,:i.;.:,.:. ...' ,0;:•I'''''.. -.; ''.7'.: - CAO EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Paul Moriarty Construction Superintendent Allison Murrell Project Manager 10 Construction Services Agreement:Revised 072118 EXHIBIT B-1: PUBLIC PAYMENT BOND 18-7366 Bond No. 9315356 Contract No. 18-7366 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners,Collier County,FL as Obligee in the SUM Of hree Million Six Hundred Eighty Nine Thousand Four Hundred Twenty Five Dollars and 001100 ($3,689,425.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS,�+� Principal has entered into a contract dated as of the t 4 da (ly of � t 20 1'"1 with Obligee for Marco Airport Apron&Associated Safety Improvements in Collier County,FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes. supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of April 2019 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement:Revised 072118 Signed, sealed and delivered in the presence of: PRINCIPAL / Quality Enterprises USA, Inc. I'sa.,Carreras 1 rL 2 BY: Witnesses as to rrincipal NAME: Louis J. Gaudio _ Margarita Ne/gron ITS: Vi rP PrPai dent STATE OF Florida COUNTY OF Cn11ier The fofegoing instrument was acknowledged before me this 1st day of April 20 19, by T.n,ii c .i. Gaurli n as Vice President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A—Known as identification and did (did not) take an oath. 2 MARCIE L.COHEN (Signature of Notary) ,s. MY COMMISSION#GG 152066 EXPIRES:February 11,2022 NAME, Marcie L. Cohen Bonded ThruNotary Public Underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: r,G 157066 ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement:Revised 072118 • Fidelity and Deposit Company of Maryland OR —7.?< As Attorney in Fact j (Attach Power of Attorney) f� vtx��, Tammy A.Ward Witnesses Kthryn Sell (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 1st day of April 20 19 by Tammy A.Ward _ as Attorney-in-Fact Of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She Is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30,2022 (Signature) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: 247448 TERRI K STRAWHAND Notary Public Commonwealth of Virgi?.i.: Reg.#247448 My Commission Expires 9/30/2022 ti 13 Construction Services Agreement:Revised 072118 CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND 18-7366 Bond No. 9315356 Contract No. 18-7366 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit Company of _ Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners, Collier County, FL _ as Obligee in the sum of Three Million Six Hundred Eighty Nine Thousand Four Hundred Twenty Five Dollars and 00/100 ($ 3,689,425.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the t 11 day of lc 4 20 \ , with Obligee for Marco Airp rt Apron &Associated Safety Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this B ond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of April , 2019 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 072118 Signed, sealed and delivered in the,pretsence of: PRINCIPAL Quality Enterprises USA, Inc. say eras BY:; •Witnesses as tp Principal Margarita Negron NAME: Louis J. Gaudio ITS: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 1st day of April 2019 by Louis J. Gaudio as Vice President of Qrtal i ty En r=rim lI4,A, Inc Virginia corporation,on behalf of the corporation. He/she is personally known to me OR has produced N/A — Knnrrn as identification and did (did not)take an oath. My Commission Expires: 2/11/22 MARCIE L.COHEN (Signature) MY COMMISSION#GG 152066 Name: Marcie L. Cohen EXPIRES:February 11,2022 Bonded mruNotary Pubic underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.:GG 1 5 2066 15 Construction Services Agreement:Revised 072118 3 I , ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland As Attorney in Fact (Attach Power of Attorney) ) N\ 1 1 ' '( Tammy A.Ward Witnesses/Kathr(n Snell (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 1st day of April 20 19 , by Tammy A.Ward as Attorney-in-Fact � of Fidelity and Deposit Company of Maryland a Surety ,on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: September 30,2022 _ _ (Signature) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No.: September 30,2022 I TERRI K STRAVVHAND 1 INotary Public Commonwealth of VirginiE { Reg.#247448 • I My Commission Expires 9/30/2022 16 Construction Services Agreement:Revised 072118 Bond Number 9315356 Obligee"`„m=uZ con.., londa ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Terri K.Strawhand , its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of January,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray 0010b Vice President ,t 8EA un Ctrpsi ti r �p J Mr• � b �� y� , c.. N. By: Dawn E.Brown e''�� 0wi Secretary = —•— to_= s 6�7QGB 1�= *,o State of Maryland County of Baltimore On this 24th day of January, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. qEV Constance A.Dunn,Notary Public EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1-S1' day of Apt: 1c. *Q LP os,, tNS VA • fEALB: i lttf !� t i '•him''''''''' > Michael C.Fay,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 Contractor 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 Contractor waive against each other and the County's separate Contractors, 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, 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/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor 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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. Coverage(s) 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 Contractor 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 Contractor. The Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement:Revised 072118 CAO Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Contractor for such coverages purchased. If Contractor 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 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coveragel purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the corn pletion of the scope of work, the Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 COConstruction Services Agreement:Revised 072118 Collier County Florida Insurance and Bonding Requirements fS K-e ,tVI"' "`'6,4100AdiARAIMMWV: ` AN is �r ... 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers'Compensation coverage or a Certificate of Exemption issued by the State of Florida is required.Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. ®Employer's Liability $I',OW'9 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current ISO $ WO single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and form Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall 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 Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ®Automobile Liability $:. 0:SOW Each Occurrence;Bodily Injury&Property Damage,Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ®Pollution $ 1,000,000 Per Occurrence ❑Professional Liability $,z?'t ' '>`;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 ❑Valuable Papers Insurance $ Per Occurrence 0 Cyber Liability $ Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence 7. ®Bid bond Shall be submitted with proposal response in the form of certified funds,cashiers' check or 19 Construction Services Agreement:Revised 072118 (0) 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 Payment For projects in excess of$200,000,bonds shall be submitted with the executed contract by Bonds 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. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® 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 Contractor's policy shall be endorsed accordingly. 11. ® 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. 4/27/18-CC Contractor'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 Quality Enterprises USA, Inc. Date6/5/1 R Contractor Signature �- - Print Nnme Louis J. Gaudio, Vice President Insurance Agency Rutherf oord Agent Name Herb Moss or Heather Garrett Telephone Number 757-456-0577 20 Construction Services Agreement:Revised 072118 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners(the OWNER) or Collier County Water-Sewer Owner's Project Bid No. Manager's Name: County's Division Name Project No. Submitted by Contractor Application Date: Representative: Name Contractor's Name& Payment Application No. Address: Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10%through [Insert $ through [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement:Revised 072118 EXHIBIT D(Continued) SCHEDULE OF VALUES • Project Name: Project Number. Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUSAPPLICATIONS THIS &STORED (reduced rate) WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS • *Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue coi into play.If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column.Information after that date is placed in the Since Date column.This states what has happened since the change in retainage. 23 Construction Services Agreement:Revised 072118 Exhibit D (Continued) Stored Materials Record Formula: A+ B- C- D = E A B C D E Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement:Revised 072118 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 Contracts: Change S: Purchase Orders: Projects: Contracte dFirm Name: Project Name: Project Manager Name Department: iginaI ContractWork Order Amount CJrjai nal.BCC Approval Date,Agenda Item#F Current BCC Apo eyed Amount Lest BCC.Aocroval Date;Agenda llem Current Contrad:W ark Order Amount SAP Contract Expiration Date{Mester) Dollar Amount of this Change #)IV/0 Total Chang:e from C3riginal Amount Revised ContractrW ork Order Total S 0.00 SDIV!D! Change from Current BCC Approved Amount Cumulative Changes S 0.00 #13lVt0! Change fromCurrent Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Procee+ OriginalI Last Approved Revised Date Date Completion Dat Date sihv..tudes t'Sos.igej iofDays,Added 'Select Tasks l] Add new task(s)CJ Deletetask(s) t Changetask(s)t,]Other(see tem) Provide a response to the following:1.)detailed and specific explanationfratronale of the requested change(s)to the task{s)and 1 or the additional days added(if requested);2.)why this change was not included i:n the original contract;:and,3.)describe the impact if this change is not processed, Attach addiiaral information from the Deign Professional mot=or Contractor if needed. Prepared by: Dale: (Project Manager Name arra Department) Acceptance of this Charge Order shall constituw a modification to contras 7 work order identified above and will to subject to all the same terms and cioncf tions as contained in the contract 7 vionit outer indicated atrave,as ftifty as if the same were stated in this.ac optamm.The adjustment if any,to the Contract shall corelitule a fall and final settlementofanyandallckun5oft the ContraciarlVercfor1Consultartt Design Profen sranal astir g oil of or related to rhe change set forth herein,inclu.3irig claims for knpaci sed delay cast. Accepted by: Dat {Contractor/.Vendor,`Consultant F Desigin Professional and Name of Firm,'f projectapplicable) Approved by: Dale: (Design Professional and Name of Finn,if project applicable Approved by: Date: (Procurement Professional a:t 25 !U Construction Services Agreement:Revised 072118 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: 26 Construction Services Agreement:Revised 072118 CA(} 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 27 Construction Services Agreement:Revised 072118 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) 28 Construction Services Agreement:Revised 072118 'AO 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 instal led 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. 29 Construction Services Agreement:Revised 072118 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 generally be 30 Construction Services Agreement:Revised 072118 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. 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 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. 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 31 Construction Services Agreement:Revised 072118 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 accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement:Revised 072118 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 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. 33 41) 18 Construction Services Agreement:Revised 072118 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 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 34 Construction Services Agreement:Revised 072118 CA 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 Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement:Revised 072118 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement:Revised 072118 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 374110 Construction Services Agreement:Revised 072118 Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. 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. 38 Construction Services Agreement:Revised 072118 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 i n 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-3 to the Agreement. 39 Construction Services Agreement:Revised 072118 Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 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 req uirement for the affidavit is waived by the Board of County Commissioners Contractors/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 Contractor'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. Contractors 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/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /Contractor's proposal may be deemed non- responsive. 40 411; Construction Services Agreement:Revised 072118 Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor 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. 41 16 Construction Services Agreement:Revised 072118 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project 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. 42 Construction Services Agreement:Revised 072118 C 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below . 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 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 43 Construction Services Agreement:Revised 072118 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to 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. 44 Construction Services Agreement:Revised 072118 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 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 shal I 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 45 Construction Services Agreement:Revised 072118 costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, 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 46 Construction Services Agreement:Revised 072118 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 A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 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. 47 Construction Services Agreement:Revised 072118 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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 otherw ise 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, 48 Construction Services Agreement:Revised 072118 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 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 corn mencement of Work, the Contractor shall attend a pr e-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 49 Construction Services Agreement:Revised 072118 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("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 50 Construction Services Agreement:Revised 072118 C the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 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 51 Construction Services Agreement:Revised 072118 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall 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 52 Construction Services Agreement:Revised 072118 S 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates • 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 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 re sponsible 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 53 Construction Services Agreement:Revised 072118 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-FMOPScollierqov.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 Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A"project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 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. 54 Construction Services Agreement:Revised 072118 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. 55 Construction Services Agreement:Revised 072118 C EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS (PAGES TO FOLLOW) 56 Construction Services Agreement:Revised 072118 411 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES FEDERAL CONTRACT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH BID SUBMITTAL TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Tax Delinquency and Felony Convictions 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 3. Conflict of Interest 4. Disclosure of Lobbying Activities 5. Buy American Certification for Manufactured Steel 6. Grant Acknowledgement of Terms and Conditions 7. Disadvantage Business Enterprise Utilization Forms 1-4 F CP-1 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS (Reference: Pub. L. 113-76, DOT Order 4200.6) The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (V) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not( is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. FCP-2 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Marco Airport Apron & Louis J. Gaudio Associated Safety Improvements Name Project Name Vice President 18-7366 Title Project Number Quality Enterprises USA,Inc. 54-0947002 Firm Tax ID Number 050997386 DUNS Number 3494 Shearwater Street, Naples, Florida 34117-8414 Street Address, City, State, Zip Signature FCP-3 0 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CERTIFICATION REGARDING LOBBYING The undersigned Low!s ,T. (;audio (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues, The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, Louis J. Gaudio , certifies or affirms the truthfulness and accuracy of each statement of.its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Louis J. Gaudio Name of Authorized Official Vire PrPFiaPnt Title Signature of Vendor/Contractor's Authorized Official 6/5/18 Date FCP-4 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CONFLICT OF INTEREST CERTIFICATION 18-7366 Collier County Solicitation No. I, Louis J. Gaudio , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Louis J. Gaudio Name Signature Vice President 6/5/18 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch- wide Privacy Act system of records. FCP-5 Cq EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CERTIFICATION OF BUY AMERICAN CERTFICATION FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark(V)or the letter"X". ® Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. 0 The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC§ 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. FCP-6 CA EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES CERTIFICATION OF BUY AMERICAN CERTFICATION FOR MANUFACTURED PRODUCTS Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the"item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%.The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. 6/5/18 Date Signature Louis J. Gaudio Quality Enterprises USA, Inc. Vice President Company Name Title FCP-7 CA EXHIBIT I - SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION FORM 1 The bidder is committed to a minimum of % DBE utilization on this contract. X The bidder (if unable to meet the applicable DBE goal of 5.6% for Marco Island) is committed to a minimum of 0.83 % DBE utilization on this contract and has submitted documentation demonstrating good faith efforts. Name of bidder's firm: Quality Enterprises USA, Inc. State Registration No. N/A 4 By: (Signature) Louis J. Gaudio Title: Vice President FCP-8 . EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION LETTER OF INTENT FORM 2 (Submit this page for each DBE subcontractor.) Name of bidder's firm: Quality Enterprises USA, Inc. Address: 3494 Shearwater Street City: Naples State: Fl Zip:_ 34117-8414 Name of DBE firm: GiA'Lif1)/1e1) r411F Address: O VW F , C Way/iv `re /70 City: Srmgr State: FL Zip:_ 34994 Telephone: ('d3J 3s7—SW Description of work to be performed by DBE firm: S012D1NQi The bidder is committed to utilizing the above-named DBE firm for the work described above.The estimated dollar value of this work is$ 4¢, 935.o0 Affirmation The above-.-. ed D:E firm affirms that it will perform the portion of the contract for the estimated:•a - va .: ted above. By Po. ./. �cS •'/.yr0-A ti' (Signature) (Title) If the bidder does not receive award of the prime contract,any and all representations in this Letter of intent and Affirmation shall be null and void. FCP-9 9 win .Firrow ±\aptrE 1att rw Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com >Account Information >Ad Information Date:05/03/18 Ad Id:2005813 Ad Class: 16260 Account Number:531973/N061203 Publications:ND-Naples Daily News,ND-Internet-naplesnews.com Company Name:QUALITY ENTERPRISES USA,INC. Start Date:05/08/18 Stop Date:05/08/18 Contact Name:a/p 757-548-8000 No.of Inserts:1 Total Cost:$80.50 Email:invoice@qeusa.com Columns Wide: 1 No.of Lines:23 Address:3494 Shearwater Street,Naples,FL,34117 Phone:(239)435-7200 Fax:(239)435-7202 Total Cost:$80.50 Payments METHOD CARD TYPE NAME ON CARD LAST 4 DIGITS EXPIRE DATE CHECK NUMBER AMOUNT PAID CC VISA 1709 $80.50 TOTAL COST $80.50 PAID AMOUNT $80.50 AMOUNT DUE $0.00 ":>`E'opy of Ad Quality Enterprises USA,Inc. is seeking quotes from; Certified DBE,WBE,and MBE subcontractors and suppliers for the following project: Collier County Naples,Florida Marco Airport Apron Bid#18-7366 Proposals Due May 30,2018 Interested firms should submit a detailed letter of interest which includes: List of services provided, copy of Certification,list of previously completed projects with references. Information can be faxed to (239)435-7202 An EEO/AAP Employer May 8,2018 No.2005813 Matt Casey c( s�rv;�s �,-iC . From: Matt Casey Sent: Thursday, May 10,2018 3:28 PM To: gceservices@gmail.com' Cc: Subject: Collier County Marco Airport Apron &Associated Safety Improvements Gary, Below is a link to plans for a project we are bidding in Collier County. Please provide a quote by May 30. Thank you, Matt Casey Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, FL 34117 Office: (239)435-7200 Fax: (239)435-7202 ha�n tri ,+@ tf�`: :':,. Y#[ �:k�F'lf f'.t. lu'i -'t9':rt �,_`41ss -€ �7N `�tzr$1q„Y� `"'"ot-a n- - ,Y,,i'X)r'nK;' S'',r XY'r ,. 7 -s: - , ' - t ,I -, Y °,'� c�j ..„. i t tti k .,, ur ,L 4 °`'r N 7 'mo i " o M4)1 '' 4. ,-1...i',.-rt- .4.' 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Please provide a quote by May 30. Thank you, Matt Casey Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, + . c- ` }S r IV:IP.V • aT;�FL 341170Ofice: (239)435-720 �,, et yY qFax: (239)435-7202 Tac;9 ? kr.,µ 4 .17"� '-‘?;*.i' '',::-':'-'4•- u�.Ar -, 4yv �>•. ^w ytr t t „ tx a r EYr` r6 � - 3' .�3 s cx� R �; 5 .•*..� .� . u. �r N r "' �3`.:, 1irosa+�: ��� aa r , r F�.x?m+a.. 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I .. a: r-R 5 i } 3. 4" h Expires 05 17 2018 k .. .. a M ..,�. ._•.„I. . .,.. ._, . .. .+` 1 CA EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION (M//WBE) GOOD FAITH EFFORTS FORM 3 Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure disadvantaged, minority/women-owned and/or businesses as subcontractors/sub- consultants/suppliers. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. _Fulfillment of the "good faith effort" can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting disadvantaged/minority/women- owned firms to determine with certainty whether these firms are interested. 3. Efforts made to select portions of the work proposed to be performed by disadvantaged/minority/women-owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Documenting each disadvantaged/minority/woman-owned firm contacted the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the disadvantaged/minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal agencies, small businesses, disadvantaged/minority/women business assistance offices and other organizations that provide assistance and placement of disadvantaged/minority/woman-owned businesses. Company Name: Quality Enterprises USA, Inc. Printed Name: Louis J. Gaudio Title: Vice President Signed: Date: 6/5/18 FCP-10 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION (M//WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Quality Enterprises USA, Inc. 3494 Shearwater Street Address/Phone Number Naples, Florida 34117-8414 239-435-7200 Procurement Number 18-7366 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 46-1807031 X DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAMEU li jto T rf X MBE(Minority) X BETWEEN $1-$5 MIILION PHONE 8 3-357— 700 WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS 850 NW Federal Hwy NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Stuart, FTs '34994 MORE THAN$15 MIILION YEAR FIRM EST. 2012 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN,$1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MILLION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FCP-11 EXHIBIT I-SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES FCP-12 EXHIBIT I- SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES ACKNOWLEDGEMENT OF TERMS, COND/1TIONS 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 Quality Enterprises USA, Inc. Date 6/5/18 Authorized Signature Louis J. Gaudio, Vice President Address 3494 Shearwater Street, Naples, FL 34117-8414 Solicitation/Contract#18-7366 FCP-13 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT ASSURANCES THIS PAGE LEFT INTENTIONALLY BLANK FCP-14 ( AO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS AND ASSURANCES FEDERAL CONTRACT PROVISIONS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. The services performed by the awarded Contractor shall be in compliance with all applicable FAA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor(including all subcontractors) must insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider FCP-1 CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS ACCESS TO RECORDS AND REPORTS (Reference: 2 CFR § 200.326, 2 CFR § 200.333) The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. FCP-2 CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS AND ASSURANCES FEDERAL CONTRACT PROVISIONS AFFIRMATIVE ACTION REQUIREMENT (Reference: 41 CFR part 60-4, Executive Order 11246) NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: A. Timetables B. Goals for minority participation for each trade: 17.1% C. Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor is also subject to the goals for both federally funded and non-federally funded construction regardless of the percentage of federal participation in funding. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs(OFCCP),within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Florida, Collier, Marco Island. FCP-3 ) EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS 1.1. AFFIRMATIVE ACTION PLAN The Department of Labor is responsible for administering the Executive Order 11246, which contains requirements for an Affirmative Action Plan. This Plan is similar in content and requirements to the affirmative action plan required in 49 CFR Part 152 subpart e. 49 CFR Part 152 applied to grants issued under the Airport Development Aid Program, which was replaced by the Airport Improvement Program. FCP-4 1 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS BREACH OF CONTRACT TERMS (Reference 2 CFR § 200 Appendix II(A)) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract. The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. FCP-511:0 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS BUY AMERICAN PREFERENCE (Reference: 49 USC § 50101) The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The County will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Projects for non-facility development (non-building construction projects such as runway or roadway construction or equipment acquisition projects) will complete the Certificate of Compliance Based on Equipment and Materials Used on the Project. FCP-6 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION 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. FCP-7 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CIVIL RIGHTS—TITLE VI ASSURANCES 4.1.1. 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 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. 4.1.2. 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. FCP-8 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION 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. 4.1.3. 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 FCP-9 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS by 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 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.) 4.1.4. 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. FCP-10 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS 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 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.) 4.1.5. 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 se FCP-11 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS 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 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.) 4.1.6. 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); FCP-12 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures 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). FCP-13 (t) EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CLEAN AIR AND WATER POLLUTION CONTROL (Reference: 2 CFR§ 200 Appendix II (G)) (Applies to subcontracts in excess of$150,000) Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the County immediately upon discovery. The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. FCP-14 S EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (Reference: 2 CFR § 200 Appendix II (E)) 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. FCP-15 :CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS COPELAND "ANTI-KICKBACK" ACT (Reference: 2 CFR § 200 Appendix II(D), 29 CFR parts 3 & 5) Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. FCP-16 �` � EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS DAVIS-BACON REQUIREMENTS (Reference: 2 CFR § 200 Appendix II(D)) 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination (General Decision Number: FL170206 01/06/2017 FL206) of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action FCP-17 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. FCP-18 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http.//www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR§5.5(a)(3)(ii),the appropriate information is being maintained under 29 CFR§5.5(a)(3)(i) and that such information is correct and complete; FCP-19 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i)of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable FCP-20 C�, EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. C 80 FCP-21 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. FCP-22 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS DOL WAGE DETERMINATIONS General Wage Decision Number FL190163 01/04/2019 FL163 is applicable to this contract. CAO FCP-23 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS DOL WAGE DETERMINATION: HIGHWAY DEPARTMENT OF LABOR WAGE DETERMINATION General Decision Number: FL190163 01/04/2019 FL163 Superseded General Decision Number: FL20180206 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (HO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the HO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2)- (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER. . .$ 12.98 0.00 CAO FCP-24 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS ELECTRICIAN $ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 16.39 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.89 0.00 LABORER: Common or General $ 11.76 0.00 LABORER: Flagger $ 11.77 0.00 LABORER: Grade Checker $ 15.88 0.00 LABORER: Landscape & Irrigation $ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.93 0.00 LABORER: Pipelayer $ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 0.00 OPERATOR: Broom/Sweeper $ 13.69 0.00 OPERATOR: Bulldozer $ 18.01 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Crane $ 21.69 0.00 OPERATOR: Curb Machine $ 19.67 0.00 OPERATOR: Drill $ 14.78 0.00 OPERATOR: Forklift $ 12.58 0.00 FCP-25 ,/ EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS OPERATOR: Gradall $ 14.71 0.00 OPERATOR: Grader/Blade $ 20.34 0.00 OPERATOR: Loader $ 16.24 0.00 OPERATOR: Mechanic $ 17.86 0.00 OPERATOR: Milling Machine $ 17.23 0.00 OPERATOR: Oiler $ 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.82 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 19.35 0.00 OPERATOR: Roller $ 15.56 0.00 OPERATOR: Scraper $ 11.74 0.00 OPERATOR: Screed $ 16.67 0.00 OPERATOR: Trencher $ 16.07 0.66 PAINTER: Spray $ 16.38 0.00 TRUCK DRIVER: Dump Truck $ 14.99 0.00 TRUCK DRIVER: Flatbed Truck $ 14.13 0.00 TRUCK DRIVER: Lowboy Truck $ 18.00 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Water Truck $ 14.16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is FOP-26 CAU EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average FCP-27 CA EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division FCP-28 CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FCP-29 'CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS DEBARMENT AND SUSPENSION (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. FCP-30 OCAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS DISADVANTAGED BUSINESS ENTERPRISE (Reference: 49 CFR part 26) 49 CFR part 26 The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Collier County Airport Authority, as owner of the Collier County General Aviation Airports, to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification.These requirements apply to all bidders, including those who qualify as a DBE. A DBE goal of 5.6 percent has been established for this contract. The bidder will be required to submit the following information with their proposal on the forms provided herein: (1) The names and addresses of DBE firms that will participate in the contract; (2) A description of the work that each DBE firm will perform; (3) The dollar amount of the participation of each DBE firm participating; (4)Written documentation of the bidder's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); (6) If the contract goal is not met, evidence of good faith efforts. Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from the County. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County. This clause applies to both DBE and non-DBE subcontractors. Directory (§26.31) The Authority uses the Florida Unified Certification Program (FL UCP) DBE Directory, maintained by the Florida Department of Transportation (FDOT).The Directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. FCP-31 e EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS The Florida Department of Transportation updates the Directory at least annually, and periodically, as necessary. The Directory is available for review by contacting: Justin Lobb, Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive, Suite 1, Naples, FL 34114, 239- 642-7878. The Directory may be found at: http://www.dot.state.fl.us/equalopportunityoffice/ Certification Process (§ 26.61 — 26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program. The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. The Florida Department of Transportation will make all certification decisions based on the facts as a whole. For information about the certification process or to apply for certification, firms should contact: Florida Department of Transportation (FDOT) Equal Opportunity Office 605 Suwannee St. MS 65 Tallahassee, Florida 32399-0450 (850) 414-4747 Equal Opportunity Office http://www.dot.state.fl.us/eq ualopportu n ityoffice/ Administrative reconsideration (§26.53(d)) Within ten (10) days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Gene Shue, Operations Support Director, Collier County Airport Authority, 2885 S. Horseshoe Drive, Naples, FL 34104, 239-252-5169. The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the Authority's administrative reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the US Department of Transportation. cr O FCP-32 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS ENERGY CONSERVATION REQUIREMENTS (Reference 2 CFR § 200 Appendix 11(H)) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). FCP-33 111) EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS EQUAL OPPORTUNITY CLAUSE AND SPECIFICATIONS (Reference 41 CFR § 60-1.4, Executive Order 11246) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any FCP-34 CAO EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good FCP-35 1(9 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such (CAO FCP-36 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so FCP-37 O EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations(18.7a through 18.7p).The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of .c.80 FCP-38 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address,telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). FCP-39 S EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION 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. Federal Agency with Enforcement Requirement Responsibilities Federal Fair Labor Standards Act (29 USC U.S. Department of Labor—Wage and Hour 201) Division FCP-401110 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (Reference: 49 CFR part 20, Appendix A) The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FCP-41111110 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS NON-SEGREGATED FACILITIES REQUIREMENT (Reference: 41 CFR § 60-1.8) Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C. § 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term"segregated facilities" means any waiting rooms,work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by FCP-42 111) EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that(except where she or he has obtained identical certifications from proposed subcontractors for specific time periods)she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. FCP-43 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION 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. Federal Agency with Enforcement Requirement Responsibilities Occupational Safety and Health Act of 1970 U.S. Department of Labor—Occupational (20 CFR Part 1910) Safety and Health Administration FCP-44 C EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS PROCUREMENT OF RECOVERED MATERIALS (Reference 2 CFR § 200.322 CFR part 247) Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency(EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at: www.epa.gov/epawaste/conserve/tools/cpq/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. FCP-45 ID EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS RIGHT TO INVENTIONS (Reference 2 CFR § 200 Appendix II(F)) Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. FCP-46 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS SEISMIC ACTIVITY (Reference 49 CFR part 41) The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. FCP-47 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS TERMINATION OF CONTRACT Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this contract due default of the Contractor. Termination for Convenience (Construction & Equipment Contracts) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will take possession. Owner agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action.The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. FCP-48 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS TRADE RESTRICTION (Reference: 49 CFR part 30) The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,the certification required by this provision.The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. FCP-49 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FCP-50 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS DISCRIMINATORY VENDORS LIST (References: 287.134 F.S.) The contractor will not discriminate against any person on legally protected basis in any activity under this solicitation or a contract. Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and many not transact business with any public entity. FCP-51 C EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS TEXTING WHEN DRIVING (References: Executive Order 13513, and DOT Order 3902.10) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10"Text Messaging While Driving" (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. The Contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The Contractor must include these policies in each third-party subcontract involved on this project. FCP-52 1110 EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS VETERAN'S PREFERENCE (Reference: 49 USC §47112(c)) In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. FCP-53 • EXHIBIT I -SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL AVIATION ADMINISTRATION CONTRACT PROVISIONS THIS PAGE LEFT INTENTIONALLY BLANK FCP-54 A9RD® DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 11/28/2018 T HOLDER. THIS TE HI CDOES NAFFIRMATIVELY ATE IS IOSSUED AS A TER OF INFORMATION ONLY AND CONFERS NO OR NEGATIVELY AMEND, EXTEND OR ALTER RIGHTS COVERAGE A FORDEDABY THE POLICIES CERTIFICATEL BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:fSUBROGATION certificate holder is an subject to the terms anLcondittiions of the,the Iicy(ies)must have policy,certain policies ADDITIONAL Tire a Renndorsement A statement on SUB this certificate does not confer rights to the certificate holder in lieu of such colvrndorsement(s CT NAME: Marsh&McALennan Agency LLC PRODUCER NE A Marsh&McLennan Agency LLC PHOPHO.No.Ext):757 56 0577 FAX FAX No): 222 Central Park Avenue, Suite 1340 E-MAIL certificates@MarshMMA.com Virginia Beach VA 23462 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Guarantee and Liability Ins Co 262477855 INSURED INSURER B:Zurich American Ins Co of Illinois 227855 S 1 3494 Shearwater Street Quality Enterprises USA, Inc. & INSURER c:Zurich American Insurance Company 35378 Quality Environment Company, Inc. INSURER D:Evanston Insurance Company Naples FL 34117 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1484572854 REVISION NUMBER: THIS IS TO ERTIFY THAT THE R THE NDICATED.CNOTWITHSTANDINGOANY IREQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REES OF INSUCE LISTED BELOHAVE BEEN ISSUED TO THE INSURED NAMED ABVE OSPECT TOLW ICH ICY THIRIGS 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 REDPOUCcED BY PAY EFF ID POLICY AIMS INSURANCE LIMITS INSR ADDL SUBR POLICY NUMBER (MM/DD/WYY) (MMIDD/YYYY) LTR TYPE OF INSD WVD 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,0 00 B X COMMERCIAL GENERAL LIABILITY Y GL0017931 103 DAMAGE TO RENTED $300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X I PRO- LOC $ POLICY JECT OTHER: COMBINED SINGLE LIMIT $1,000,000 BAP017930903 7/1/2018 7/1/2019 CO aBadent) C AUTOMOBILE AUTOABILITY BODILY INJURY(Per person) $ X ANY BODILY INJURY(Per accident) $ OWNED SCHEDULED PROPERTY DAMAGE $ AUTOS ONLY AUTOS (per PERTY -- X HIRED NON-OWNED AUTOS ONLY X AUTOS ONLY PIP $$10,000 aggre. A UMBRELLA X Comp EX Coll$1,000 7/1/2018 7/1/2019 EACH OCCURRENCE $15,000,000 LIAB X OCCUR AUC017426604 X EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000$ DED RETENTION$ I PER ER OTH- C WORKERS COMPENSATION WC017931003 7/1/2018 7/1/2019 X STATUTE I ER AND EMPLOYERS'LIABILITY Y 1 N E.L.EACH ACCIDENT $1,000,0 00 A RI ET NH/PARTNER/EXECUTIVE I N I N 1 A E.L.DISEASE-EA EMPLOYEE $1,000,000 OFFICERIMEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-POLICY LIMIT $1,000,000 If yes,describe under $1,000,000 Aggre DESCRIPTION OF OPERATIONS below MMAENV0001065 7/1/2018 7/1/2020 $1,000,000 each claim D Pollution Liability DESCRIPTION OF OPERATIONS N performed on VEHICLES behalf (ACORD Collier 11,OCAdditi nal Remarks Schedule,may be attached if more space is required) ForRE: any all work Colliery the General and auto ith ts work rmed rit County written act,prior toI a loss. is is primary and non contributory where required by written cont acct oro written agreement exthe ecutedinsured, as required by writ prior to any"accident",in no event will this coverage extend beyond the terms and conditions of the coverage form. CANCELLATION CERTIFICATE HOLDER 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 AUTHORIZED REPRESENTATIVE Naples3295 TFL 341mi Trail East FL 34112 0 4A.9:L ti. ir! ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD QUALITY ENTERPRISES April 4, 2019 Sent via Messenger Collier County Procurement Services Division Attn: Ana Reynoso 3295 Tamiami Trail East C-2 Naples, FL 34112 RE: Marco Airport Apron &Associated Safety Improvements,#18-7366 Dear Ana: Enclosed please find the following documents for"Marco Airport Apron &Associated Safety Improvements, #18-7366" as requested: 1. Original blue ink signature pages -2 2. Certificate of Insurance -2 3. Payment& Performance Bonds—2 sets (without contract dates) 4. Letter from Bonding Company authorizing Collier County to input the approved contract date on the Payment and Performance Bonds. Please return a copy of the fully executed contract after the County executes. We look forward to working with Collier County on this project. Sincerely, Marcie Cohen Executive Assistant Encl. cc: Louis J. Gaudio, Vice President 4500 Holland Office Park,Suite 316 3494 Shearwater Street Virginia Beach,VA 23452 Naples,FL 34117-8414 (757)548-8000 (239)435-7200 Fax(757)548-2600 Fax(239)435-7202 Lic#CBCA57231 Hampton Roads Bonding 1080 Laskin Road,Suite 204 Virginia Beach,VA 23451 +1 757 491 two HAMPTON ROADS BONDING Fax+1 757 491 3134 A Marsh&McLennan A 11( ,rvdny www hrbonding corn April 1,2019 Board of County Commissioners Collier County, Florida 3925 Tamiami Trail East Naples, FL 34112 Re: Quality Enterprises USA,Inc.—Bond No. 9315356 Marco Airport Apron&Associated Safety Improvements Immokalee, FL To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds once it has been established by the county. Sincerely 1101aLA. Terri K. Strawhand MARSH&MCLENNAN 4% AGENCY