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#20-7683 (DEC Contracting Group)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with DEC Contracting Group, Inc. ("Contractor") of 1560 Matthew Dr, Unit B, Fort Myers, FL 33907, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Immokalee Regional Airport Security Improvements (Grant Funded), Invitation to Bid No. 20-7683 ("Project"), as said Work is set forth in the Plans and Specifications prepared by AVCON, INC., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Five Hundred Eighty-Four Thousand Eighty-Two Dollars and Thirty Seven Cents ($584,082.37). Section 4. Bonds. A. If applicable, the 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 1 Construction Services Agreement:Revised 072118(v6) :` than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred Ninety-Five (195)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 Fifteen (15) 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 Dam ages 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 Com pletion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Six Hundred Sixty-Five Dollars ($1,665.00) 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 Construction Services Agreement:Revised 072118(v6) 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 20-7683 "Immokalee Regional Airport Security Improvements (Grant Funded). 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 I I Not Applicable Exhibit B-2: Performance Bond Forms (l Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement:Revised 072118(v6) Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions ® Applicable n Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 20-7683 "Immokalee Regional Airport Security Improvements (Grant Funded). 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. ZExhibit J: Technical Specifications nExhibit K: Permits I 'Exhibit L: Standard Details ZExhibit M: Plans and Specifications prepared by AVCON, INC ZExhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner 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 Collier County Airport Authority 2005 Mainsail Drive Naples, FL 34114 Attn: Justin Lobb, Executive Manager Phone: (239) 642-7878 Email: Justin.LobbCa�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: DEC Contracting Group, Inc. 1560 Matthew Drive, Suite B Fort Myers, FL 33907 Attn: Douglas R. Masch, President Phone: (239) 332-4322 Email: info( deccontracting.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(v6) Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 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(v6) f 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 Construction Services Agreement:Revised 072118(v6) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: DEC Contracting Group, Inc. FI T WITNES ?A7 g,;GA • L By: Print Name c" 5L prEs,oala s /9 .ZoZo Print Name and Title Date C D WITNESS eevti rint Name Date: AiavvST' /9, 20 Zo ATTEST: OWNER: Crystal'K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comptroller OF COLLIER COUNTY FLORIDA BY: BY: ;Attest as s ' airman Burt L. Saunders, Chairman signature only. Appro as to For LL lity: AssastatS.County Attorney DerSy c•-•—c C-#1 n- —re-44-4— Print Name 7 elpConstruction Services Agreement:Revised 072118(v6) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement:Revised 072118(v6) ITB# 20-7083 "Immokalee Regional Airport Security Improvement" BID SCHEDULE DEC CONTRACTING GROUP, INC. BASE BID ITEM DESCRIPTION UNIT QUANTIT UNIT PRICE EXTENSION INDEX Y 1 M-105-1 MOBILIZATION LS 1 $53,157.40 $53,157.40 2 M-102-1 SAFETY,SECURITY AND MAINTENANCE OF TRAFFIC LS 1 $41,541.58 $41,541.58 3 M-102-2 SAFETY PLAN COMPLIANCE DOCUMENTS(SPCD) LS 1 $3,296.95 $3,296.95 C-102-5.1 TEMPORARY AIR AND WATER POLLUTION,SOIL EROSION AND 4 SILTATION CONTROL LS 1 $6,185.08 $6,185.08 5 F-162-5.1 CHAIN-LINK FENCE,6 FT WITH 6 STRAND BARBED WIRE LF 1550 $23.74 $36,797.00 6 F-162-5.2a VEHICLE GATE EA 4 $4,523.42 $18,093.68 7 F-162-5.2b PEDESTRIAN GATE EA 1 $4,483.85 $4,483.85 P-151-4.1 8 TREE CLEARING(TREES TO BE REMOVED OFFSITE/CHOPPED) SY 12500 $2.64 $33,000.00 9 T-904-5.1 SODDING SY 12500 $2.61 $32,625.00 10 26 09 00-1 GATE OPERATOR LS 4 $9,627.10 $38,508.40 11 27 10 00-4 GATE B LOW VOLTAGE/ELECTRICAL INSTALLATION LS 1 $52,983.32 $52,983.32 12 27 10 00-5 GATE C LOW VOLTAGE/ELECTRICAL INSTALLATION LS 1 $18,096.30 $18,096.30 13 27 10 00-6 GATE D LOW VOLTAGE/ELECTRICAL INSTALLATION LS 1 $61,031.83 $61,031.83 14 27 10 00-7 GATE E LOW VOLTAGE/ELECTRICAL INSTALLATION LS 1 $54,902.14 $54,902.14 15 27 10 00-8 1 W2" FIBER OPTIC DUCT LF 1605 $9.89 $15,873.45 16 27 10 00-9 TERMINAL BUILDING PREMISE DISTRIBUTION LS 1 $6,593.90 $6,593.90 17 27 10 00-10 1W2 DIRECTIONAL BORE CROSSINGS LF 100 $31.12 $3,112.00 18 28 13 00-1 ACCESS CONTROL INSTALLATION LS 1 $7,527.60 $7,527.60 2813 00-2 ACCESS CONTROL SYSTEM HEAD END EQUIPMENT, 19 SOFTWARE AND PLATFORM LS 1 $7,238.79 $7,238.79 20 28 20 00-1 BUILDING MOUNTED OUTDOOR PTZ CAMERAS EA 2 $4,485.17 $8,970.34 21 28 20 00-2 BUILDING MOUNTED OUTDOOR FIXED DOME EA 4 $1,661.66 $6,646.64 22 28 20 00-3 INDOOR FIXED DOME EA 1 $1,661.66 $1,661.66 23 28 20 00-4 INDOOR PTZ EA 1 $4,485.17 $4,485.17 24 28 20 00-5 VSS SERVER EA 1 $15,764.70 $15,764.70 25 28 20 00-6 NVR(30 DAY VIDEO RETENTION) EA 1 $15,764.70 $15,764.70 26 28 20 00-7 NETWORK SWITCHES EA 2 $1,144.70 $2,289.40 27 28 24 00-1 WIRELESS TRANSCEIVERS ALLOWANCE AL 1 $12,500.00 $12,500.00 BASE BID TOTAL $563,130.88 AA 1 C 102 5.1 SILTATION CONTROL I 4 $5,3111.99 $5,311.99 AA 2 F 162 5.23 VEHICLE GATE A €A 4 $3,1112,33 $3,112,33 AA 3 F162`5.2a VEHICLE GATE W EA 4 $5,156.65 $5,1SC.65 AA-4 26 00 00 1 ELECTRICAL SERVICE(NE LS 4 $9,811.81 $9,811.81 AA 5 26 00 00 1 1-5 4 $9,811,81 $9,811.81 AA 6 26 09 00 1 GATE A OPERATOR J-S 4 $7,958.17 $7,958.47 AA 7 2609-00 1 CATE W OPERATOP 1-5 4 $7,958A7 $7,958.17 AA-8 27 1000 1 /Cb[C RIGAL INSTALLATION 6b & $35,345.13 $35,345,13 AA-9 27 10 00 2 1-5 4 $35,3115,13 $35,31,13 AA-10 27 10 00-3 BEACON LIGHT CAMERA/LOW VOLTAGE INSTALLATION LS 1 $20,951.49 $20,951.49 ADD ALTERNATE TOTAL $20,951.49 CONTRACT TOTAL I $584,082.37 I EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118(v6) CAO f=rriail Ie,Zimmermairi,(r rat lliewrcoutItvyuy W C N Li er C,')- :F j(y Telephone: 239-252-8034 ii rtts>trativc, 3erviw. Department Proc ar ment Services Division ADDENDUM# 1 Memorandum Date: April 19, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum # 1 —20-7683—IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Pre-Bid Meeting Minutes and Sign-in Sheets: 0 20-7683-Addendum #1 - Pre-Bid Meeting Minutes and Sign-in Sheets, attached. CC: Justin Lobb, Project Manager Please acknow edge receipt of this Addendum and include with your bid. 1 5/12/2020 (Signaturer Date DEC Contracting Group, Inc. (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Email iE irrirnerman colliercotint.QOY_, i t Telephone: 239-252-8034 C2,0 rp 3r C..,01,41i1:y Administrative Services Deportment Procurement Services Division ADDENDUM#2 Memorandum Date: April 28, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum #2-20-7683-IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents for the above referenced solicitation. I. CHANGES TO PROJECT MANUAL 1. Specification 28 13 00 -The following were revised: Paragraph 1.3 A. The existing Physical Access Control System deployed by Collier County is Johnson Cantrolc P2000-( Lenel OnGuard. All Future Access Control components shall comply with the County's Vertical Standards are as follows: 1. Mercury Boards a) Mercury Approved Partners Required b) OSDP Version 2 c) BacNet Compatible NOTE: Mercury-Controllers-wit-h-E3AG44et-and ured--regard-less-o the-software-solution-Also-the-vendor must--be-a-Merothy-Partner-The4ink-to-the- LP-4502-Merour f-CentreAe r , , ' E:rcury. securiV corm.portalli+letibrarylf+1e782rc4,t3d-1-94€!pc42,f d4a01-49414o44f bqV Paragraph 2.1 A. Acceptable manufactures providing full compliance with this specification: 1. Lenel-ONGuard 2- No Equal Opsn--Options DNA Fusion 3- RS2 Soluti.ns Access It Paragraph 2.4-A-8 8. Manufacturer: b. LNL-X4420 located in each outdoor communication enclosure and inside terminal building. Additional LNL-1320 boards for control of terminal building doors and pedestrian gate. JCS Oro, o,{ 1—controllers-ancl-RDR2aA-reader-rnedules. Specification 28 13 00 is not reissued with this Addendum. CC� JuntinLnbb. Project Manager Please acknowledge receipt of this Addendum and include with your bid. / 5/12/2020 Date DEC Contracting Group, Inc. ` (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. Email `>11E,giutt tq rrn t a rc liiercaourityg vrt t .. . a -;< Telephone: 239-252 8034 Arimiiiistrativo Sovicus DCp<'tt r'YfrcurErn nt SQ;i1,ri<;f: MASH-in ADDENDUM#3 Memorandum Date: May 1, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum#3—20-7683—IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents for the above referenced solicitation. I. CHANGE TO DRAWINGS 1. Drawing T301 Drawing T301 is reissued with this Addendum. Attachments Drawing T301 CC: Justin Lobb, Project Manager Please ack owledge receipt of this Addendum and include with your bid. 5/12/2020 (Signs ure Date DEC Contracting Group, Inc. (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. 0 Email: yue. Zin,rnermanAcblliercounty0av;ne,; Telephone: 239-252-8034 Adrninistrativo Servicx Department Procurement Services Division ADDENDUM#4 Memorandum Date: May 11, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum #4—20-7683—IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Bid Opening Extension: 0 20-7683 - Addendum #4 — The Bid Due Date and time for #20-7683 Immokalee Regional Airport Security Improvements solicitation is extended to Thursday May 14, 2020 at 4:00 p.m. o Sealed bids for the construction of Immokalee Regional Airport Security Improvements will be received electronically until 4:00 P.M. LOCAL TIME, on the 14th day of May,2020 on the County's on-line bidding system: https://www.bithync.com/hidsypc-call. All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. CC: Justin Lobb, Project Manager Please a knows dge receipt of this Addendum and include with your bid. �' IA 5/14/2020 / (Signatur Date DEC Contracting Group, Inc. (Name of Firm) If you require additional Information, please post a question on BidSync on-line or contact me using the above contact Information. 0 Email .Zing 7a rman r Foill art oun#ys u net Co'0 .lei ��� Telephone: 239-252-8034 Ac,irnhlstrat,ive Services tXpartrnen, Procurement E£v i., Division ADDENDUM#5 to Correct Addendum #4 Memorandum Date: May 11, 2020 From: Sue Zimmerman, Procurement Strategist To: Interested Parties Subject: Addendum #5—20-7683—IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS This addendum has been issued for the following item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Bid Opening Extension CORRECTION: 0 20-7683 - Addendum #5 — The Bid Due Date and time for #20-7683 Immokalee Regional Airport Security Improvements solicitation is extended to Friday May 14, 2020 at 3:30 p.m. o Sealed bids for the construction of Immokalee Regional Airport Security Improvements will be received electronically until 3:30 P.M. LOCAL TIME, on the 15th day of May,2020 on the County's on-line bidding system: htt :// ww.bidsyn .comi?i,ftnE;- as,J• All bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. CC: Justin Lobb, Project Manager Please acknowledge receipt of this Addendum and include with your bid. T-- 0/11 fr (Signatures— Date pziAcrtog 6/.4_4): /A.K. (Name of Firm) If you require additional information, please post a question on BidSync on-line or contact me using the above contact information. FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Immokalee Regional Airport Security Improvements BID NO.20-7683 DEC Contracting Group,Inc. Full Name of Bidder Main Business Address 1560 Matthew Drive,Suite B Place of Business Fort Myers,FL 33907 239-332-0180 Telephone No. 239-332-4322 Fax No. State Contractor's License# CGC1526430 P14000020944 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 46-4934701 079391270 74UA6 DUNS# CCR# Cage Code 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. Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event the Agreement,Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,as liquidated damages,for the delay and additional expense to the Owner,it being recognized that,since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages,will be difficult, if not impossible,to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 02-21-20 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred Ninety-Five (195)consecutive calendar days,computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Fifteen (15) consecutive calendar days after Substantial Completion,computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: d,. Titlerimg as R. NinthIll President 5/12/2020 Date: Construction Solicitation Doc rev 02-21-20 CAO FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Immokalee Regional Airport Security Improvements Bid No.20-7683 Name Personnel Category Pat Elek Construction Superintendent Project Manager Doug Masch Construction Solicitation Doc rev 02-21-20 FORM 3-.MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications,including compliance with Florida Statute 255.20 to provide lumber,timber and other forest products produced and manufactured in the State of Florida as long as the price,fitness and quality are equal. Exceptions(when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager,Bidder shall furnish the manufacturer named in the specification.Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm,I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. DEC Contracting Group, Inc. Company: / Douglas R.Masch II/President 5/12/2020 Signature: L Date: Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature:_ Date Construction Solicitation Doc rev 02-21-20 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful. Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical American infrastructure Services 11341 Lindbergh Blvd.,Fort Myers,FL 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractor Plug Smart 1040 Collier Center Way#12,Naples,FL that represent more than 10/o of price or that affect the critical path of the schedule Company: DEC Contracting Group, Inc. s R. Masch II/President Date: 5/12/2020 Signature:J Construction Solicitation Doc rev 02-21-20 it-AO FORM 5-STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5)years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1• Eagle Lakes Aquatic Park Collier County BOCC (project name) (project owner) Naples,FL 3299 Tamiami Trail E.,Naples,FL (project location) (Owner's address) James Morton New Aquatic Facility (project description) (Owner's contact person) (title) 5/152017-6/25/2018 $8,704,437 239-253-0868 James.Morton@colliercountyfl.gov (project start/completion dates) (contract value) (phone) (email) 2. GMD Building Renovations Collier County BOCC (project name) (project owner) 2800 Horseshoe Dr.,Naples,FL 3299 Tamiami Trail,E.,Naples,FL (project location) (Owner's address) Renovation of 40,000 sq ft building John McCormick CC Facilities Management (project description) (Owner's contact person) (title) 12/04/2018-10/07/2019 $3,352,932 239-252-5203 John.McCormick@colliercountyfl.gov (project start/completion dates) (contract value) (phone) (email) 3' Collier Seminole Bathhouse Florida Department of Environmental Protection (project name) (project owner) Collier Seminole State Park 3800 Commonwealth Blvd.MS 38,Tallahassee,FL (project location) (Owner's address) New construction of State Park bathhouse Andy Carrier Construction Project Consultant II (project description) (Owner's contact person) (title) 07/15/2019-02/12/2020 $680,252 941-286-4398 andy.j.carrier@floridadep.gov (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 02-21-20 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. CC First Floor Court House Renovations Collier County BOCC _ (project name) (project owner) Collier County 3299 Tamiami Trail,E.,Naples,FL (project location) (Owner's address) New Courthouse and Access Control Dan Rodriguez Public Utilities Deputy Department Head (project description) (Owner's contact person) (title) 09/2017 $ 1,943,773 239-252-2504 dan.rodriguez@colliercountyfl.gov (project completion date) (contract value) (phone) (email) 5. Supervisor of Elections Collier County BOCC (project name) (project owner) Collier County 3299 Tamiami Trail,E.,Naples,FL (project location) (Owner's address) Interior Buildout& Access Control Work Margaret Bishop Principal Project Manager (project description) (Owner's contact person) (title) 06/08/2.016 $1,784,102 239-253-8219 Margaret.Bishop@colliercountyfl.gav (project completion date) (contract value) (phone) (email) 6. CCSO Orangetree Substation Collier County BOCC (project name) (project owner) Collier County 3299 Tamiami Trail,E.,Naples,FL (project location) (Owner's address) New Construction CCSO Substation MargaretBishop Principal Project Manager (project description) (Owner's contact person) (title) 02/08/2017 $2,520,369.19 239-253-8219 Margaret.Bishop@colliercountyfl.gov (project completion date) (contract value) (phone) (email) Company: c. Date: 5/12/2020 Signature: Construction Solicitation Doc rev 02-21-20 FORM 6-TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) (LF.SY) N/A N/A N/A N/A N/A 1. 2. 3. 4. 5. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. DEC Contracting Group,Inc. Company: iglas R.Masch II DateOS/l2/2020 Signature: Construction Solicitation Doc rev 02-21-20 rAo FORM 7-BID BOND KNOW ALL MEN BY THESE PRESENTS, that we DEC Contracting Group,Inc. (herein after called the Principal) and Liberty Mutual Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Massachusetts with its principal offices in the city of Mahwah,Ni and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner),in the full and just sum of Five Percent of the Amount Bid dollars($ 5% )good and lawful money of the United States of America,to be paid upon demand of the Owner,to which payment well and truly to be made,the Principal and the Surety bind themselves,their heirs,and executors,administrators,and assigns,jointly and severally and firmly by these presents. Whereas,the Principal is about to submit,or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish,install,and fully complete the Work on the Project known as Bid No. 20-7683,Immokalee Regional Airport Security Improvements. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ Am unt Bid(s%) noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 12th day of May ,20 20 0 ontract' g Group, c. Principal' ,: ' BY (Seal): ' Douglas R sch P esicen . Liberty u}Lal I su ance Copy Surety • , f _. .4.4.4 �,rl (Seal) (Rac el Hurl y iorney n-Fact� Countersigned i.-1;-1am, Al Thomas M.True Appointed Producing Agent for Liberty Mutual Insurance Company S Respectfully Submitted: State of County of Douglas R.Masch II , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Douglas R.Masch II ,also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid;that the statements contained herein are true and correct. (a)Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida ,which operates under the legal name of DEC Contracting Group,Inc. ,and the full names of its officers are as follows: President Douglas R.Masch II Secretary Treasurer Manager The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken ,a certified copy of which is hereto attached(strike out this last sentence if not applicable). (b)Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c)Individual The Bidder is an individual whose full name is ,and if operating under a trade name,said trade name is Complete for information contained in(a)Corporation,(b)Co-Partnership or(c)Individual from previous page. TED 1`"\ 2^ 2. '20 DEC Contract' g Groupjte Inc. BY: i Le l g't J'; Name ofBi d"'" �ed) Douglas R.Masch II W. es Signature President Title STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 12th day of May , 20 20 , by Douglas R.Masch II , as President of DEC Contracting Group,Inc. , a Florida corporation, on behalf of the corporation. Ile./she is ersonally known to me or has produced as identi icati'n an not)take an oath. My Commission Expires: (t l nature of Notary) NAME:\e i(NON., `.1 t.�✓�"1 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of 610 Pf% REGINA L.OUNN a MY COMMISSION#00 019425 :. o,7'. EXPIRES:August 29,2020 Bonded mni Budget Notary Sorrices 9f F4� CONSENT OF SURETY KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of$1.00 lawful money of the United States of America, the receipt whereof is hereby acknowledged,paid the undersigned corporation, and for other valuable consideration Liberty Mutual Insurance Company,incorporated organized and existing under the laws of the State of Massachusetts and licensed to do business in the State of Florida, certified and agrees, that if the contract for the Collier County Board of County Commissioners — bid No. 20-7683, Immokalee Regional Airport Security Improvements is awarded to DEC Contracting Group,Inc.,the undersigned Corporation will execute the bond or bonds as required of the contract documents and will become Surety in the full amount set forth in the contract documents for the faithful performance of all obligations of the Contractor. Signed and sealed this 12th day of May, 2020. Liberty Mutual Insurance Company r By: Rachael Hurley, Att ey-in-tact Witness: Marc Michalewsky, As to Surety CA() SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 12th day of May, 2020, Before me personally came Rachael Hurley to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. IEL .._; ,w, CommissionLISA #BR 50119811 Notary Public,State of New Jersey My commission expires My Commission Expires f':4 o This Power of Attorney limits the acts of those named herein,and they have no authority to ‘4 ' bind the Company except in the manner and to the extent herein stated, ' l i be `ty Liberty Mutual Insurance Company ��; The Ohio Casualty Insurance Company Certificate No:8200288-969516 �I... = "' =' " West American Insurance Company SURE:'IY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Marc J. Michalewsky;Sandra A.Pace;Thomas M.True;Lisa A.Anderson;Kemal Brkanovic;Cheryl R.Coleman;Mary J.D'Amato;Rachael Hurley all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of January , 2019 . _ Liberty Mutual Insurance Company •1HSu VSy INso , \NSU,a The Ohio Casualty Insurance Company 4?-coRPa,��y.0 4$1'`000,4,R9y \VP"'00,04i 4i, West American Insurance Company 1912 0 c..) 1919 n 2 1991 n a ' ayZ1 N d o%H 2a a d �cU9d AMPBa Y� OIA A � � C m 41/7 * 0 4/ei * e 4,11 * I"* By: c David M.Carey,Assistant SecretaryJo -@ State of PENNSYLVANIA T _ c County of MONTGOMERY 'n c ss co 2 c U cu On this 14th day of January , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes=W > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. =Ti > = IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. op" a o M c'� @� 2F i,,, „x 17f1^°\ COMMONWEALTH OF PENNSYLVANIA Q at c`� .+ '. Notarial Seel /�}-.�� ;�A-' O Teresa Paslella,NotaryPublic ��QI - ) N b II O Upper MarionTwp.,Montgomery County By: m c p My Commission Expires March 28,2021 eresa Pastella,Notary Public o co 4)' tiy,if1 ii'c,\\G Member,Pennsylvania Assoclatlon of Notedes c) co 02)a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual mo o' o,c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o d ai ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `'_ o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the R.0 a >, President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >c .> c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall,N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such N Z "5 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the€c provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. e U� ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,i-.— shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy o°any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this t2th day of May , 2020 . \NSU� ASV mist, a\NSU/,,iry Jr`oRPOl7,y7+, . =4oRPO/�f�W.� c r0RPoa.4ro4/, 1912 Q o 1919 Z'`R, 1991 0 / � `-- o4'ssgc„esF-da y01'HAMPeN--da 'fs %Moto o' ,ab y-Renee C.Llewellyn,Assistant Secretary (4/2 * )' ' ./ * 1,ev 44t * 1-1 LMS-12873 LMIC OCIC WAIC Multi Co_062018 y LIBERTY MUTUAL INSURANCE COMPANY ! a i(ilia I. FINANCIAL STATEMENT—DECEMBER 31,2019 SURETY Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums $8,007,146,482 *Bonds—U.S Government 2,780,808,610 Reserve for Claims and Claims Expense *Other Bonds 12,645,608,792 21,532,853,787 *Stocks 16,385,435,431 Funds Held Under Reinsurance Treaties 507,868,920 Real Estate 235,608,378 Reserve for Dividends to Policyholders Agents'Balances or Uncollected Premiums 6,217,983,641 1,143,826 Accrued Interest and Rents 102,273,390 Additional Statutory Reserve 125,722,000 Other Admitted Assets 11,957,106,292 Reserve for Commissions,Taxes and Other Liabilities 4,117,460,075 Total Total Admitted Assets $34,292,195,090 $51,101,579,52 Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus 10,044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 Total Liabilities and Surplus 51,101,579,524 tiJP`rw.A.4 Y(' .' Fa r, * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 °a The foregoing financial information is taken from Liberty Mutual Insurance Company's financial V-7,, 44C10 1-- statement filed with the state of Massachusetts Department of Insurance. • I,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2019,to the best of my knowledge and belief. TN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 27th day of March,2020. • Assistant Secretary S-1262LMIC/a 3/20 CAO Collier County Florida Insurance and Bonding Requirements insurance/Bond Type Required Limits 1. ►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: r, 2. ®Employer's Liability $,_1,000,000_single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $_1,000,000_single limit per occurrence,$2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. El Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ❑ Other insurance as 0 Watercraft $ Per Occurrence noted: 0 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 0 Pollution $ Per Occurrence ❑Professional Liability $ Per claim&in the aggregate ❑ Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence 0 Technology Errors&Omissions $ Per Occurrence 7. a Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ®Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. II. ® 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. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East,Naples,FL 34112 13. ® Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor, Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 4/6/20-CC Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands 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. The insurance submitted must provide coverage for a minimum of six(6)months from the date of award. ,,Y ,.;., OT r' County Mm ristr t.re&Nowt Department Prcxa,trsment 4or mo,,Dris en 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. DEC Contracting Group,Inc. Company Name Signature Douglas R.Masch II/President Florida Print Name and Title State of County of Lee The fptl egoing instruct was acknowledged before me by means of�l physical presence or 0 online notarization, this day of 1V1dy (month), 2020 (year),by Regina L.Dunn (name of person acknowledging). f?)e.11;"a.., Dt—),r4r (S gna f Notary Pu lic-State of Florida) (Print,Typ j or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification - - �tt':pale REGINAL DUN MY COMMISSION 0 Ca 019425 ype of Identification Produced o ExpM'.Autlust29.2020 i u4T ppndedidtgdotn % HMO/ C 10 k r Comity Mminisstttive Setvirke Department r rry,,,ecnent Services C),VIS c 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 hereby declares the instructions,purchase order terms and conditions,requirements,and specifications/scope of work of this solicitation have been fully examined and accepted. 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. 12 May 2020 in IN WITNESS WI-EREOF,WE have hereunto subscribed our names on this day of _ the County of Lee ,in the State ofFlorida DEC Contracting Group,Inc. Firm's Legal Name: 1560 Matthew Drive,Suite B Address: City,State,Zip Fort Myers,FL 33907 Code: Florida P14000020944 Certificate of Authority Document Number 46-4934701 Federal Tax Identification 74UA6 Number *CCR#or CAGE Code *Only if Grant Funded Telephone: 239-332-4322 Email: info@deccontracting.com ile:44L., Douglas R.Masch Signature by: (Typed and written) President Title: o�Ni r�o�c REGINA L.DUNN MY COMMISSION N GG 019425 ��.. ,u{7 aia. EXPIRES:August 29,2020 I eoFf4°� Bonded Thru Budget Notary Services CA ., pr amity kin wistrattva' rvico x Dc paitmcrt r fYx;U emont Si4}i'Aw4;s Divi lon 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 be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. 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 which will be produced at the time of the submission of the Vendor's bid or within five(5)day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAX DEEM THE VENDOR 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 bid. DEC Contracting Group,Inc. Company Name Signature Douglas R.Masch II/President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledgedMre me by means of, physical presence or 0 online notarization, this 12 day of May (month), (year),by L_ (name of person acknowledging). (Sig ire of Notary Public-State of Florida) (Print,Tie,or Stamp Commissioned Name of Notary Public) Person I v xnmya_OR Produced Identification 4''�•�:A.ato REGINA L.DUNN Type of Identification Produced * +, * MY COMMISSIONIGG019425 W �r EXPIRES:August 29,2020 �op poi' bonded rtn IudQot Notary Sorvlaea S {h E. � r J i I ^ l:A j i, ::: 4 t, ,,,riks- 7 L�tl6 w. —I m n j cn Ur 0 0 —I mull m a Z mrn Z z ; � V) 7/ 70 0 O D n 'n ic < Q r) 00 _. r p v' p ®IC o FP � m ►_, O Z C m 0u7 -n —I o ro O m � � r) -� Z K —�j D —I o "i o r- •• m •®I m c . * Z h7) 1 Oo 70m ,-" o C n r v) r- 7 r a 1 D °' VI i wC0C 0 m ' -n �- = r "� I c� rt, (.4 CD m � ® ®1 Z o I • m N.) ® {� a -.10 -� R1 Z a n Iv INI Q C Z > > o p 0 r s sum —I m 1 m ® C n xi o I j 1, I1 r t1 f - pis 5/15/2020 Detail by Entity Name DIVI;;IaN o'(.i Ct RPORAT oil:: It#p;` Ifjr;rlf .� e 1, .;rr. 1 •�,t ril J t,�,,t,t;'-is',3re' S?vtmilma ig.*tk* / Sc,,:rch ffeccnIa / Solo by.En iiyklilme / Detail by Entity Name Florida Profit Corporation DEC CONTRACTING GROUP, INC. Filing Information Document Number P14000020944 FEI/EIN Number 46-4934701 Date Filed 03/03/2014 State FL Status ACTIVE Principal Address 1560 MATTHEW DR UNIT B FORT MYERS, FL 33907 Changed: 01/13/2017 MailingAttdres,� 1560 MATTHEW DR UNIT B FORT MYERS, FL 33907 Changed: 01/13/2017 Registered Agent Name&Address MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Officer/Director Detail Name&Address Title CEO Dunn, Regina 39331 Washington Loop Rd Punta Gorda, FL 33982 Title PS MASCH, DOUGLAS, II 5214 SW 3RD AVE CAPE CORAL, FL 33914 Title VP search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=DECCONTRACT... 1/2 5/15/2020 Detail by Entity Name Bodenstein, Erika Lynn 1560 MATTHEW DR UNIT B FORT MYERS, FL 33907 Annual Reports Report Year Filed Date 2018 01/10/2018 2019 01/10/2019 2020 01/08/2020 Qogtyne it Images Q11Q£3%2 J20..-ANNUAL View image in PDF format 9.1112/ ),1 S3.-:�_ ,?VNt 1 i...BLk/QRT View image in PDF format 01.1.11/'20.1.L..::-.ANN;,tly3„_E EP.QR.T View image in PDF format 0..111)Lall.,=„ANNQAL, niff View image in PDF format Q.. 14,i2Ri.t.._-.fts.Ni.JALRE1'Qit.3T. View image in PDF format 51.,.tY.3(2.g.1D,.=...ANN.UAL..REPO.RT View image in PDF format 03/03/2014-11CaJx1 4SLcPi4?!S View image in PDF format search.sunbiz.org/I nquiry/CorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=DECCONTRACT... 2/2 State o lorida Department oof state I certify from the records of this office that DEC CON IRACTING GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on March 3, 2014. The document number of this corporation is P14000020944. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 8, 2020, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital,this the Eighth day of January,2020 % , 44p74.4-0,,,te..„, K411/141W Secretary o f ry State . Tracking Number:8993718684CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatns/CertificateAuthenticatiou ��AO 312/2015 E-Verity•Employer Wizard-Company Information r. 4C4 — • ;•14",i1 , „' 1),,r II) I at...it 09,0 EMployi nent Eligibility Verification so 1-2DON A: 0,1 AM-03,12/20 lii = S y Con)i)atly Inforrnatiori Company Name: DEC Contracting Group,Inc, View I View I Edit I Company ID Number: 8008134 Doing Business As(DBA) Narita: DUNS Number. 0/9:31270 NIng Physical Location: Mailing Addross: Addroso 1: I hli0 Matthew Drive.Suite II Address 1: I tibu Matthew SulIe ,n,;I 11 ° Address 2: Address 2: Ut> City: Fort Myers City: Foil iyot State: Ft Stater: It. Zip Carle: 33907 Zip Code: 33907 County: I t-E Additional Information: Employer Identification Number.434934701 4 OW <<, Total Nuinber of Ennpioyoo s I to Parent Organization: Administrator; Organization Designation: Employer Category: None of these categories apply NAICS Code: 236 CONS1RUC DON 01 BUILDINGS 1 V1 ow/Edit Total Hiring Sites: I View/Edit Total Points of Contact: View I Edit Mono-verify uscis goviemp/ErnOoyeANI‘arti aspx 1/1 CA 0 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Pat Elek Construction Superintendent Doug Masch Project Manager 10 Construction Services Agreement:Revised 072118(v6) CA() 7 TRUE & ASSOCIATES Insurance, Surety, Group Benefits & Life ♦- ♦ August 21, 2020 Collier County Government Purchasing Department 3295 Tamiami Trail East Naples, FL 34112 Re: DEC Contracting Group, Inc. Performance and Payment Bond No. 015211558 Immokalee Regional Airport Security Improvements Bid No.: 20-7683 To Whom It May Concern: The above captioned bond has been issued and dated August 21, 2020. The contact date has been left blank at the request of Collier County. Once the contract date has been established, print the contract date on the original bond and provide an executed copy for our files. Thank you and should you have any questions please feel free to contact Rachael Hurley at 908- 379-2333 or rhurley(cptrueassoc.coiri. Sincerely, OALLiiii(A. 0(,wihuYt Cheryl R. Coleman Surety Bond Specialist Attorney-in-Fact on Behalf of Liberty Mutual Insurance Company ♦ • - 108 Walnut Avenue 325 North Avenue East 6 Leigh Street 30 Wall Street, 8th Floor Cranford,NJ 07016 Westfield,NJ 07090 Clinton,NJ 08809 New York,NY 10005 Phone: 908-232-0760 Phone: 908-232-0760 Phone: 908-713-6711 Phone: 212-766-1400 Fax: 908-931-9040 Fax: 908-232-5761 Fax: 908-713-6831 Headquarters EXHIBIT B-1: PUBLIC PAYMENT BOND ITB#20-7683 Bond No. 015211558 Contract No. 20-7683 KNOW ALL MEN BY THESE PRESENTS: That DEC Contracting Group,Inc. , as Principal, and as Surety, Liberty Mutual Insurance Company — (Business located at 1200 MacArthur Blvd.,3rd Floor,Mahwah,NJ 07430 Collier County Government,Purchasing Department as Obligee in the Address) are held and firmly bound to ($ 584,082.37 ) for the sum of Five Hundred Eighty Four Thousand Eighty Two and 37/100 Dollars payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS,y Principal has entered into a contract dated as of the J day of `'a. tit min 20 ,qd , with Obligee for Immokalee Regional Airport Security Improvements Bid No.:20-7683 _ 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 dtireisctly bndriindirectly by Prinwisecipal n the prosecution of the work provided for in the Contract, then in full force. iance or noncompliance with any ties Any chan es in or under the Contract or thentract and changes doonotlaf fe t Sureties obligation under this Bond. connected with the The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable he the aggregate to claimants for more than the of suits that may be filed by claimants.penal sum of this Payment Bond, regardless of IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of August 2020 ,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(v6) ;c0 , Signed, sealed and delivered . in the presence of: PRINCIPAL DEC Contracting Group,Inc. f-----J a BY: i' WI sses as to P ncipal NAME: to. . ,+ ' v 1 ., ITS: FjrcSijm,4l STATE OF Florida COUNTY OF /_ The foregoing instrument was acknowledged before me y means of 14 physical presence or 0 online notarization, this Z I day of ..46.41 — 20 , by Dt,a(-Ad Q /M G14 , as PesiSi4m- )'r- — of DEC Contracting Group,Inc. , a �LnFi0•14 corporation, on / behalf of the corporation. He/she is p nall ersoy otm n to me OR has rod d,,�' % as identification and dig take an oath. My Commission Expires: (Si nature of tary Public) ICKWIIAW ELEK NAME:�A% ;a 0 �G E ;„ PR t733 Commissio .; q 3p.2024 gpa3gs7019 (Legibly Printed) ''•'.'.Y'osF;°�: BadediM�T��yfatfnlAfutnce Notary Public, State of ad0AaA (AFFIX OFFICIAL SEAL) Commission No.: ATTEST: SURETY: Liberty Mutual Insurance Company (Printed Name) (Business Address i N/A (Authorized Signature) N/A Witnesses to Surety (Printed Name) 1 12 , Construction Services Agreement:Revised 072118(v6) 't CAO OR ,...„9„.... ii:)Ce.a........._ OALIALI T -0CLOJAIW1 , As Attornee in Fact (Attach Power of Attorney). Sanda A.Pace,As to Surety Cheryl R.Coleman,Attorney-In-Fact Witnesses (Printed Name) 1200 MacArthur Blvd.3rd Floor Mahwah,NJ 07430 (Business Address) 201-236-4045 (Telephone Number) STATE OF New Jersey (`n `L9aUANtTsurery F Union The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this 21st day of August _ 20 20 , by Cheryl R.Coleman , as Attorney-In-Fact of Liberty Mutual Insurance Company , a Massachusetts corporation, on s behalf of the corporation. He/she is personally known to me anhasid produced d dce N/A _ as identification take an oath. My Commission Expires: k. Ot (Si nature of Notary Public) Susan A Loio NOTARY PUBLIC Name: S 14w^ L.o�d "a' State of rsey .• ,,;\ ' - My Commission (Legibly Printed) b November 7,2022 z ;"n; L, (AFFIX OFFICIAL SEAL) Notary Public, State of: UT Commission No.: I E 1 i tr[ [[E 13 Construction Services Agreement:Revised 072118(v6) C,l p I This Power of Attorney limits the acts of those named herein,and they have no authority to lir bind the Company except in the manner and to the extent herein stated. f ' I \ Liberty Liberty Mutual Insurance Company r ' Mutual® The Ohio Casualty Insurance Company Certificate No: 8203825-969516 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Marc J. Michalewsky;Sandra A.Pace;Cheryl R.Coleman;Mary J.D'Amato;Rachael Hurley;Thomas M.True all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of June , 2020 . Liberty Mutual Insurance Company �JPo aN U�y ,\O• oNS, Pa aNSUgq y The Ohio Casualty Insurance CompanyCU �r C. e o s,,Rty mac, 1,,o "t+r o West American Insurance Company p ▪ r b m c 3 `"o n r `0 10 rn • 1912 0 0 1919 ` 1991 0 ^�y1/a�� c en a) dji 88?ONu8`A i y0�ry�rvs��41) ls�%IAN��.aa By: �'. .3 eh '' >,� y1 ' 1`k M '` * David • M.Carey,Assisttcretary _a m co State of PENNSYLVANIA as c 2 rn County of MONTGOMERY ss c - = 0 . On this 2nd day of June , 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o as Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes col w o > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O aim a> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c c fl- 0 NN P PAS Q� O i- �y rE COMMONWEALTH OF PENNSYLVANIA Q, MONWp ( 0-� ? p. ! Notarial Seal C ai O r' u = v Teresa Pastella,Notary Public CO O OF Upper Merlon Twp.,Montgomery County By: itt110) 3 E c OS v MyCommission Expires March 28,2021 0 CO Cji ' p eresa Pastella,Notary Public a • N ARY�J � Member.Pennsylvania Association of Notaries N co as cp T -- •This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: `m ARTICLE IV—OFFICERS:Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the Ton i5 E2 -o T President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >v U as c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall co o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such E,., Z ci instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the,; provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o fO Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,F— shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 st day of August , 2020 . 1NS"1 Ø Fo c+ 3 Fo /� _� 1912' It0 919 oa1991 oB ✓,._ t 44/' dO cius SAD Oy:Ampo".da Ys� D*N4a� y.Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_12/19 AA'. Liberty LIBERTY MUTUAL INSURANCE COMPANY PIE‘ Mutual FINANCIAL STATEMENT—DECEMBER 31,2019 SURETY Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums *Bonds—U.S Government 2,780,808,610 $8,007,146,482 Reserve for Claims and Claims Expense *Other Bonds 12,645,608,792 21,532,853,787 *Stocks 16,385,435,431 Funds Held Under Reinsurance Treaties 507,868,920 Real Estate 235,608,378 Reserve for Dividends to Policyholders Agents'Balances or Uncollected Premiums 6,217,983,641 1,143,826 Accrued Interest and Rents 102,273,390 Additional Statutory Reserve 125,722,000 Other Admitted Assets 11,957,106,292 Reserve for Commissions,Taxes and Other Liabilities 4,117,460,075 Total Total Admitted Assets $34,292,195,090 S51,103,579,52 a Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus 10,044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 Total Liabilities and Surplus S51,103,579,524 tiJP pRPOU�gH * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 2 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial 1 ;s4c1i�F.j Y? 1_ statement filed with the state of Massachusetts Department of Insurance. I,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2019,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington,this 27''day of March,2020. Assistant Secretary S-1262LMIC/a 3/20 EXHIBIT B-2: PUBLIC PERFORMANCE BOND ITB#20-7683 Bond No. 01521155e Contract No. 20-7683 KNOW ALL MEN BY THESE PRESENTS: That DEC:onlradno crop Inc as Principal, and try Mutual Inawanca Company — as Surety, located at 1200 MacArthur Blvd 3rd Floor Mahwah r+J 07430 (Business Address) are held and firmly bound to Colter Courtly Government Pumnasrnq Deperimeni — as Obligee in the sum of Five Hunted Eighty Four Thousand E gnly Two and 371100 Dollars ($ 584.082 37 )for the payment whereof we bond ourselves, our heirs,executors,personal representatives,successors and assigns,jointly and severally. W ER AS, Principal has entered into a contract dated as of the ` day of for 20 -,' , with Obligee — in Irrmokelea Regional Airport Secunty IntTrovemon$Bro Pia 70 16P-9 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 ate Obligee for more than the this Performance Bond eregardless ty be l of the numbere in the of topenal sum of of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this Val day of August , 20 20 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. 14 Conetrvction Servlcae Agreement:Revised 072118(v6) Signed, sealed and delivered PRINCIPAL in the �/ •�j�of: DEC Contracting Grou Inc. esses a o Principal NAME: D✓G.utS E AUSGN 1E ITS: R&S.Amra'` STATE OF Florida COUNTY OF LE(c The foregoing instrument was acknowledged before me by means of Igr physical presence or 0 o0 me notarization, this Z J day of Aa4 4..S �/��,r 20 2-0 , by _ ntca f� MAStM"tz` a rat iNA corporation, on of DEC DEC Contracting Group,Inc behalf of the corporation. He/she is getsonally known to me OR has prod ed as identification and di •( take an oath. '•a+ PATRICK WILLIAM ELEK (Signature of N ary Public) fai ;.1 Commisson#GG 951733 Expires April 30 2024 Name: )i1 G .Foe i,?• Bonded Thru Tray Fain Insurance 800-385-7019 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: CAA Commission No.: 15 Construction Services Agreement:Revised 072118(v6) CA ATTEST: SURETY: Liberty Mutual Insurance Company (Printed Name) NA/ N/A N/A (Business Address) N/A (Authorized Signature) N/A Witnesses as to Surety (Printed Name) OR r Y P . CiLlmool --5 �� As Attorney al Fact (Attach Power of Attorney) - • Sandra A.Pace,As to Surety Cheryl R.Coleman,Attorney-In-Fact Witnesses (Printed Name) 1200 MacArthur Blvd.3rd Floor - Mahwah,NJ 07430 • (Business Address) 201-236-4045 (Telephone Number) STATE OF New Jersey COUNTY OF Union The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 August 20 20 , online notarization, this 21st day of by Cheryl R.Coleman ' as Attorney-In-Fact Of Liberty Mutual Insurance Company , a Massachusetts corporation, on behalf of the corporation. He/she is personally known to me OR identification and did (did not) N/A as take an oath. ,2.n..,. CC L�, My Commission Expires: ( ignature of Notary Public) Susan A Logo t(_S NOTARY PUBLIC State of New Jersey (Legibly Printed) My Commission Expires November 7,2022 (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 16 Construction Services Agreement:Revised 072118(v6) ;C10 ram- This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. A. i 5:41e Liberty Liberty Mutual Insurance Company r•*` Mutual The Ohio Casualty Insurance Company Certificate No: 8203825-969516 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Marc J. Michalewsky;Sandra A.Pace;Cheryl R.Coleman;Mary J.D'Amato;Rachael Hurley;Thomas M.True all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of June , 2020 . Liberty Mutual Insurance Company PV 1NSU, ''tv INSU %NSUgq The Ohio Casualty Insurance Company �, �J °N►o per�y� c Boa°°R�r�1y `4f ooaPOf4r 4'0 West American Insurance Company CO , g `0 c *. Foci it• 3 Foes rn • 1912 0 c 1919 1991 0 47'4 arri �t�'4 c Y 1,9ACHU6" a ysM PI��W a Y �NDI�N�' ak fA c David M.Carey,Assistant Secretary >, Co m State of PENNSYLVANIA c 2) rn County of MONTGOMERY ss al c U o .— D On this 2nd day of June , 2020 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance_i_ o co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes To 0W 0> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. T E •• to IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Eon 0 Pq =M o - Q��MONW�l5 COMMONWEALTH OF PENNSYLVANIA Q 4 a O ,-0 1 7 Notarial Seal ,e/ 1 0 c 7 Teresa Pastella,Notary Public �Q���^-� CO O OF Upper MenonTwp.,Montgomery County By: difrI4 3 E c f2 „tP My Commission Expires March 28,2021 eresa Pastella,Notary Public a CO o Cli D)Cl) q +µ"'Z$VSYlq P. Member,Pennsylvania Association of Notaries coo t 92 •This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c Doti E. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a> a) ARTICLE IV-OFFICERS:Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the _c -a President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >v any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N ohave full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such E co Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the c co co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. co Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, I- shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21st day of August , 2020 . P,1NSU/� P,SY INS, a\NSUl #, aoa°or� + gJ coa°oay \cy oR°Oiti;4. ')"(�_ r rFo IN Q 3 rF0 n r FO tN I�• `i 1912 0 1919 1991 01 '�,�4114" I. v, o � B �4 s*ub*as y0 y NA*°'*ado. , ,,N,,,t, y.Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_12/19 PV,k% Liberty LIBERTY MUTUAL INSURANCE COMPANY /r , Mutual. FINANCIAL STATEMENT—DECEMBER 31,2019 SURETY Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums *Bonds—U.S Government 2,780,808,610 $8,007,146,482 Reserve for Claims and Claims Expense *Other Bonds 12,645,608,792 21,532,853,787 *Stocks 16,385,435,431 Funds Held Under Reinsurance Treaties 507,868,920 Real Estate 235,608,378 Reserve for Dividends to Policyholders Agents'Balances or Uncollected Premiums 6,217,983,641 1,143,826 Accrued Interest and Rents 102,273,390 Additional Statutory Reserve 125,722,000 Other Admitted Assets 11,957,106,292 Reserve for Commissions,Taxes and Other Liabilities 4,117,460,075 Total Total Admitted Assets X51,103,579,52 $34,292,195,090 3 Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus 10,044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 • Total Liabilities and Surplus $51,103,579,524 JP�INSUq,9 1 :. f?`w��, ",:c; * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 2 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial VISSAH�� statement filed with the state of Massachusetts Department of Insurance. I,TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2019,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 27th day of March,2020. Assistant Secretary S-1262LMIC/a 3/20 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, 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(v6) 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 coverage(s) 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 coverage(s) 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 completion 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 Construction Services Agreement:Revised 072118(v6) Collier County Florida Insurance and Bonding Requirements Insurance I Bond Type Required Limits 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 $ single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ❑Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim &in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate El Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement:Revised 072118(v6) ❑ 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 an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ❑ Consultant 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. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency Agent Name Telephone Number 20 Construction Services Agreement:Revised 072118(v6) EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me,the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated ,20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors,material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed,shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits,actions,claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20_, by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of (AFFIX OFFICIAL SEAL) Commissioner No.: 21 Construction Services Agreement:Revised 072118(v6) 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: Project No. County's Division Name Purchase Order 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 cyo 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(v6) CA 0 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 RETAJNAGE RETAINAGE RETAJNAGE PREVIOUS APPLICATIONS THIS 8,STORED (reduced rate) WTHHELD 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 co 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(v6) 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(v6) EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspOl/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Co atrat if: Changes: Purchase Order#: Pr ojec.tx: ContractorlFirm Name: Project Name: Project Manager Name Department: Original Corm actW'cak Order Amount iginal BCC Approval Date;Agenda Item# Current BCC Approved Amount Last BCC Atrroval Date:Asperxle Item# Current Cont s(VW ark Order Amount SAP Contract Expiration Date Waster) Daltar Amount of the Change #ADIV10! Total Change from Original Amount Revised Ccrttra:ot'tadork Order Total 3 0,00 100IWO! Change f rom Current BCC Approved Amount Cumulative Changes S 0.00 #dDIViO! Changefrom Curr ent Amount Completion Date,Description of the Tasks)Change,and Rationale for the Change Notice to Proceer Original I Last Approved Revised Date Date Completion Dat Date .ides tre mange' a of Days Added Select Tasks ❑'Add new task(s) ❑Delete task(s) O Change task(s) 0 Other,sen„eon!< Provide a response to the fo!lowing:t.)detai led and specific exp lartationdratio nale of the requested change(s)to the tasks)and{or the additional days added(if requested);2.)why this change was not included in the o rigi nal contract;and,3.)describe the impact if this change is not processed. Attach additrzinal information:from the Design Professional ardor Contractor if teed. Prepared by: Dale: (Project(.tanager Name and Department) Acceptance of this Change Order shall constitaxe a mcorfkalion to contract r work order identified above and will be subject to all the same terms and condit ions as contained in the contract I work order indicated above,as fully as if the same were stated in this acceptance The adjustment.if any,to the Contract shaft constitute a fall and final settlement of any and all c laim s of the Contactor r Vendor/Consultant, Design Professional arising oul of or related to the c hange set forth herein,including claims for an pad and.delay cost Accepted by: Date: (Contractor l Vendor I Consultant Design Professional and Name of Firm.if proje tappbicabie) Approved by: Dale: (Des.gr Profess oral and Name of Firm,if profit applicable; Approved by: Dale: (Procurement Professional esccr 25 Construction Services Agreement:Revised 072118(v6) 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(v6) 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(v6) EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: Date: 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(v6) 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(v6) 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(v6) 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(v6) CA() 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(v6) 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 Construction Services Agreement:Revised 072118(v6) 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(v6) 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(v6) tCA() (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) 252-8999 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(v6) 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 here under. 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 37 Construction Services Agreement:Revised 072118(v6) Directive. 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 pend ency of any Claim. 38 Construction Services Agreement:Revised 072118(v6) 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 Contractor 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 or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement:Revised 072118(v6) 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 requirement 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 Construction Services Agreement:Revised 072118(v6) 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 Construction Services Agreement:Revised 072118(v6) 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(v6) 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 i n 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(v6) 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(v6) 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 al I 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(v6) 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 reconstructio n. 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(v6) 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 exerci se 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 dam age, 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(v6) 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(v6) 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 com mencement of Work, the Contractor sh all attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement:Revised 072118(v6) 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(v6) 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(v6) 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(v6) 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 shal I be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Construction Services Agreement:Revised 072118(v6) under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(c_colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the 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(v6) 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(v6) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ATTACHED HERETO, FOLLOWING THIS PAGE Exhibit 1.A. containing FCP pages 1-39 Exhibit LB. containing GCA Pages 1-12 (23 additional pages following GCA-6) 56 Construction Services Agreement:Revised 072118(v6) CAO FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS AVIATION CSFA 55.004 CONTRACTOR COMPLIANCE REQUIREMENT OVERVIEW The services performed by the awarded Contractor shall be in compliance with all applicable FAA and FDOT 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 coo a yrreferenc eoforawork done incorporate underr any purchaseapplicable orders, rrentalrequirements agreementthese contract and other provisions b by 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 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 FAA CONTRACT AND SOLICITATION CLAUSES (1-24) 1. ACCESS TO RECORDS AND REPORTS 2 CFR§200.333; 2 CFR§200.336; FAA Order 5100.38 (Contract Clause A1.3 also applies to subcontracts.) CONTRACT CLAUSE A1.3 (Access to Records and Reports): The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit,examination,excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2. AFFIRMATIVE ACTION REQUIREMENT 41 CFR part 60-4,Executive Order 11246 (Applies to AIP funded projects exceeding$10,000.) SOLICITATION CLAUSE A2.3: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 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 FAA Guidance June 19,2018 FCP-2 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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. 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. 3. BREACH OF CONTRACT TERMS 2 CFR§200 Appendix II(A) (Applies to contracts =/>$150,000.) CONTRACT CLAUSE A3.3 (Breach of Contract Terms): Any violation or breach of terms of this contract on the part of the Contractor or Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract.The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under are in addition to,and not a limitation of,any duties,obligations, rights and remedies otherwise imposed or available by law. 4. BUY AMERICAN PREFERENCE 49 SC § 50101 SOLICITATION CLAUSE A4.3; A4.3.1 Buy American Preference Statement: BUY AMERICAN PREFERENCE 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 FAA Guidance June 19,2018 FCP-3 CAO FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 States,unless the Federal Aviation Administration 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. 5. CIVIL RIGHTS - GENERAL 49 USC§47123 CONTRACT CLAUSE A5.3.1(General Civil Rights Provisions): The contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 6. CIVIL RIGHTS - TITLE VI ASSURANCE SOLICITATION CLAUSE A6.3.1 (Title VI Solicitation Notice): Collier County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,hereby notifies all bidders or offerors 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. CONTRACT CLAUSES A6.4.1 (Title VI Clauses for 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 Acts and Authorities, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR part 21. 3) Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials, or leases of FAA Guidance June 19,2018 FCP-4 ,CAO FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color,or national origin. 4) Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling,terminating,or suspending a contract, in whole or in part. 6) Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment, unleps 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. CONTRACT CLAUSES A6.4.5(Title VI List of Pertinent Nondiscrimination Acts and Authorities): During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,creed, color,national origin,or sex); FAA Guidance June 19,2018 FCP-5 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 • 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 Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,color,national origin,and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); • Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 7. CLEAN AIR AND WATER POLLUTION CONTROL 2 CFR§200,Appendix II(G) (Applies to all contracts and subcontracts that exceed $150,000.) CONTRACT CLAUSE A7. 3 (Clean Air and Water Pollution Control): 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. Contractor must include this requirement in all subcontracts that exceed$150,000. 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENT 2 CFR§200,Appendix II(E) (Applies to contracts that exceed$100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.) CONTRACT CLAUSE A8.3(Contract Workhours and Safety Standards Act Requirements): 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. FAA Guidance June 19,2018 FCP-6 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 2. Violation; Liability for Unpaid Wages;Liquidated Damages. In the event of any violation of the clause set forth in paragraph(1)of this clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph(1)of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this clause. 9. COPELAND "ANTI-KICKBACK" ACT 2 CFR§200,Appendix II(d); 29 CFR Parts 3 and 5 (Applies to contracts and subcontracts that include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5 and if such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000.) CONTRACT CLAUSE A9.3 (Copeland Anti-Kickback" Act): Contractor must comply with the requirements of the Copeland"Anti-Kickback"Act(18 USC 874 and 40 USC 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. 10. DAVIS-BACON REQUIREMENTS (Includes tasks that meet the definition of construction, alternation, or repair as defined in 29 CFR Part 5. Davis-Bacon Requirements apply if such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000.) FAA Guidance June 19,2018 FCP-7 CA 0 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 CONTRACT CLAUSE A10.3 (Davis-Bacon Requirements): 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 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; (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration,U.S.Department of Labor,Washington,DC 20210. The Administrator,or an authorized representative,will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. FAA Guidance June 19,2018 FCP-8 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 (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. 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 FAA Guidance June 19,2018 FCP-9 FDOT PUBLIC TRANSPORATION EXHIBIT I.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 that 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 that 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 www.doLgov/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) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii),the appropriate information is being maintained under 29 CFR§ 5.5 (a)(3)(i), and that such information is correct and complete; (2)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)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. FAA Guidance June 19,2018 FCP-10 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(3)(ii)(B)of this section. (D)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The Contractor or subcontractor shall make the records required under paragraph(3)(i)of this section available for inspection,copying,or transcription by authorized representatives of the sponsor,the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job.If the Contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the Contractor,Sponsor, applicant,or Owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid 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. FAA Guidance June 19,2018 FCP-11 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 (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 that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees,and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)through(10)and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. FAA Guidance June 19,2018 FCP-12 t.'AO FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 USC 1001. FAA Guidance June 19,2018 FCP-13 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 FEDERAL CONTRACT PROVISIONS DOL WAGE DETERMINATIONS General Wage Decision Number FL20200163 01/03/2020 is applicable to this contract. FAA Guidance June 19,2018 FCP-14 CA FOOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 DOL WAGE DETERMINATION: HIGHWAY DEPARTMENT OF LABOR WAGE DETERMINATION "General Decision Number: FL20200163 01/03/2020 Superseded General Decision Number: FL20190163 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 80 for calendar year 2020 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 EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 80 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 2020 . 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 EO 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 . FAA Guidance June 19,2018 FCP-15 CAO FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 Modification Number Publication Date 0 01/03/2020 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 12 . 52 0 . 00 CEMENT MASON/CONCRETE FINISHER $ 12 . 98 0 . 00 ELECTRICIAN $ 21 . 92 6 . 60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16 . 72 0 . 00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12 . 13 0 . 00 IRONWORKER, ORNAMENTAL $ 13 . 48 0 . 00 IRONWORKER, REINFORCING $ 16 . 39 0 . 00 IRONWORKER, STRUCTURAL $ 16. 42 0 . 00 LABORER (Traffic Control Specialist) $ 12 . 05 1 . 95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13 . 89 0 . 00 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 - FAA Guidance June 19,2018 FCP-16 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 Cement/Concrete $ 12 . 93 0 . 00 LABORER: Pipelayer $ 13 . 63 0 . 00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16 . 55 0 . 00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12 . 88 0 . 00 OPERATOR: Broom/Sweeper $ 13 . 69 0 . 00 OPERATOR: Bulldozer $ 18 . 01 0 . 00 OPERATOR: Concrete Finishing Machine $ 15 . 44 0 . 00 OPERATOR: Crane $ 21 . 69 0 . 00 OPERATOR: Curb Machine $ 19 . 67 0 . 00 OPERATOR: Drill $ 14 . 78 0 . 00 OPERATOR: Forklift $ 12 . 58 0 . 00 OPERATOR: Gradall $ 14 . 71 0 . 00 OPERATOR: Grader/Blade $ 20 . 34 0 . 00 OPERATOR: Loader $ 16 . 24 0 . 00 OPERATOR: Mechanic $ 17 . 86 0 . 00 OPERATOR: Milling Machine $ 17 . 23 0 . 00 OPERATOR: Oiler $ 17 . 31 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16 . 82 0 . 00 OPERATOR: Piledriver $ 17 . 23 0 . 00 OPERATOR: Post Driver (Guardrail/Fences) $ 19 . 35 0 . 00 FAA Guidance June 19,2018 FCP-17 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 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 FAA Guidance June 19,2018 FCP-18 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 . FAA Guidance June 19,2018 FCP-19 MCA FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. FAA Guidance June 19,2018 FCP-20 FDOT PUBLIC TRANSPORATION EXHIBIT LA GRANT PROVISIONS(AVIATION)CSFA 55.004 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. FCP-21 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 FAA Guidance June 19,2018 FCP-22 FDOT PUBLIC TRANSPORATION EXHIBIT l.A GRANT PROVISIONS(AVIATION)CSFA 55.004 11. DEBARMENT AND SUSPENSION 2 CFR part 180(Subpart C); 2 CFR part 1200; DOT Order 4200.5 (Applies to contracts and subcontracts of $25,000 or more.) SOLICITATION CLAUSE A11.3; A11.3.1 (Certification of Offerer/Bidder Regarding Debarment): By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. LOWER TIER CONTRACT CERTIFICATION A11.3.2 (Certification of Lower Tier Contractors Regarding Debarment): The Contractor, 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: i. Checking the System for Award Management at website: http://www.sam.gov. ii. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment,above. iii. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 12. DISADVANTAGED BUSINESS ENTERPRISE 49 CFR part 26; 49 CFR§26.53 REQUIRED PROVISIONS Al2.3; SOLICITATION LANGUAGE Al2.3.1 (Solicitations that include a Project Goal): Information Submitted as a Matter of Bidder Responsiveness The County's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness,the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise(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 listed under(a.) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under(a.)to meet the Owner's project goal;and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. Information Submitted as a Matter of Bidder Responsibility The County's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid opening. FCP-23 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 1) The names and addresses of Disadvantaged Business Enterprise(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 listed under(f.) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under(f.)to meet the County's project goal;and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. SOLICITATION LANGUAGE Al2.3.2 (Race/Gender Neutral Means): 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. Collier County encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification.These requirements apply to all bidders, including those who qualify as a DBE. A DBE contract goal of 4.2 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder will be required to submit the following information with their proposal on the forms provided herein: (1) The names and addresses of DBE firms that will participate in the contract; (2) A description of the work that each DBE firm will perform; (3)The dollar amount of the participation of each DBE firm participating; (4)Written documentation of the bidder's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under(4); (6)If the contract goal is not met,evidence of good faith efforts. PRIME CONTRACTS Al2.3.3(Projects Covered by a DBE Program) 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,which may include,but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment Mechanisms(§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 contract receives from the Authority.The prime contractor agrees further to return retainage payments to FCP-24 FAA Guidance June 19,2018 r-- t) FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 Authority.This clause applies to both DBE and non-DBE subcontracts. Florida Department of Transportation DBE Certification Requirements for FAA Grant Funded Projects Directory(§26.31) The Authority uses the Florida Unified Certification Program(FL UCP)DBE Directory,maintained by the Florida Department of Transportation(FDOT).The Directory lists the firm's name,address,phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The Florida Department of Transportation updates the Directory at least annually, and periodically, as necessary. The Directory is available for review by contacting: Justin Lobb, Airport Manager, Collier County Airport Authority,2005 Mainsail Drive, Suite 1,Naples,FL 34114, 239-642-7878. The Directory may be found at http://www.dot.state.fl.us/equalopportunityoffice/ Certification Process(§26.61—26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program. The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards.The Florida Department of Transportation will make all certification decisions based on the facts as a whole. For further information about the certification process or to apply for certification,firms should contact: Florida Department of Transportation(FDOT) Equal Opportunity Office 605 Suwannee St.MS 65 Tallahassee, Florida 32399-0450 (850)414-4747 Equal Opportunity Office http://www.dot.state.fl.us/equalopportunityoffice/ County 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 FCP-25 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the US Department of Transportation. 13. DISTRACTED DRIVING Executive Order 13513,DOT Order 3902.10 (Applies to all AIP funded contracts and subcontracts exceeding $3,500.) CONTRACT CLAUSE A13.3 (Texting When Driving): In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009),the FAA 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 subgrant. In support of this initiative,the County encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers,including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. 14. ENERGY CONSERVATION REQUIREMENTS 2 CFR§200,Appendix II(H) (Applies to subcontracts.) CONTRACT CLAUSE A14.3 (Energy Conservation Requirements): Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.6201 et seq). 15. EQUAL EMPLOYMENT OPPORTUNITY (EEO) 2 CFR§200,Appendix II(C),41 CFR§60-1.4,41 CFR§60-4.3,Executive Order 11246 (Applies to contracts and subcontracts =/>$10,000.) MANDATORY CONTRACT CLAUSE A16.3; A16.3.1 (EEO Contract Clause): EQUAL OPPORTUNITY CLAUSE During the performance of this contract,the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include,but not be limited to the following:employment,upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. FCP-26 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations,or orders,this contract may be canceled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering 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. SPECIFICATION CLAUSE A16.3.2(EEO Specification): 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: FAA Guidance June 19,2018 FCP-27 C`4 O FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 (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 part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-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 FCP-28 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen,superintendents,and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination,or other employment decisions,including specific review of these items,with onsite supervisory personnel such 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 FCP-29 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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 under 41 CFR part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel,for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations(7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. FCP-30 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally),the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion, sex,or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. 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 part 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-31 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 16. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 U.S.C. §201,et seq SOLICITATION CLAUSE A17.3: All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping,and child labor standards for full and part time workers. The Contractor or Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor or Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division 17. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 31 U.S.C. § 1352—Byrd Anti-Lobbying Amendment;2 CFR part 200; Appendix II(J); 49 CFR part 20; Appendix A (Applies to contracts and subcontracts =/>$100,000.) CONTRACT CLAUSE A18.3 (Certification Regarding Lobbying): The Bidder or Offeror certifies by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. FCP-32 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 18. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 20 CFR part 1910 (Applies to contracts and subcontracts.) CONTRACT CLAUSE A20.3:All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer, hereinafter known as"the Contractor,"must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. 19. PROCUREMENT OF RECOVERED MATERIALS 41 CFR §200.322,40 CFR part 247,Solid Waste Disposal Act (Applies to any contract that include procurement ofproducts designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded$10,000.) CONTRACT CLAUSE A21.3 (Procurement of Recovered Materials): 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 products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA)under 40 CFR Part 247 whenever: 1) The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or 2) 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/smm/comprehensive-procurement- guidelines-construction-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. 20. PROHIBITION OF SEGREGATED FACILITIES 41 CFR §60 (Applies to all contracts that include the equal opportunity clause, regardless of the amount of the contract.) FCP-33 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 CONTRACT CLAUSE A19.3(Prohibition of Segregated Facilities): (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities,"as used in this clause,means any waiting rooms,work areas,rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. 21. TAX DELINQUENCY AND FELONY CONVICTIONS Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76),and similar provisions in subsequent appropriations acts. DOT Order 4200.6 (Applies to all contracts funded in whole or part with AIP.) CONTRACT CLAUSE A24.3 (Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions): The Contractor 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 (✓) in the space following the applicable response. (A separate form is provided for the certification.) 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. FAA Guidance June 19,2018 FCP-34 E 'J FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 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. 22. TERMINATION OF CONTRACT 2 CFR§200 Appendix II(B); FAA Advisory Circular 150/5370-10; Section 80-09 (Applies to all contracts and subcontracts =/>$10,000.) CONTRACT CLAUSE A25.3, A25.3.1 Termination for Convenience: (CONSTRUCTION & EQUIPMENT CONTRACTS): The County 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 the County. Upon receipt of a written notice of termination, except as explicitly directed by the County,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 County 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 County to protect and preserve property and work related to this contract that the County will take possession. Owner agrees to pay Contractor for: 3) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; 4) 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; 5) reasonable and substantiated claims,costs,and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers;and 6) reasonable and substantiated expenses to the Contractor directly attributable to the County's termination action. The County will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the County'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. CONTRACT CLAUSE A25.3.2 Termination for Default(CONSTRUCTION AND EQUIPMENT): The County may,by written notice of default to the Contractor,terminate all or part of this Contract if the Contractor: FCP-35 FAA Guidance June 19,2018 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 I. Fails to commence the Work under the Contract within the time specified in the Notice- to- Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the County will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the County's discretion,the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within[7]days of the receipt of notice,the Contractor or Surety fails to remedy the breach or default to the satisfaction of the County,the County has authority to acquire equipment by other procurement action. The Contractor will be liable to the County for any excess costs the County incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the County shall be at the Contract price. The County may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the County determines to be necessary to protect the County against loss because of Contractor default. The County will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the County, acts of another Contractor in the performance of a contract with the County,and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed,the County determines that the Contractor was not in default, or that the delay was excusable,the rights and obligations of the parties will be the same as if the County issued the termination for the convenience the County. The rights and remedies of the County in this clause are in addition to any other rights and remedies provided by law or under this contract. 23. TRADE RESTRICTION CERTIFICATION 49 USC §50104; 49 CFR part 30 (Applies to all A IP funded projects.) SOLICITATION CLAUSE A26.3 (Trade Restriction Certification): By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror— FAA Guidance June 19,2018 FCP-36 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms as published by the Office of the United States Trade Representative(U.S.T.R.); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R;and 3) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,fictitious,or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the County if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the County cancellation of the contract or subcontract for default at no cost to the County or the FAA. FAA Guidance June 19,2018 FCP-37 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 24. VETERAN'S PREFERENCE 49 USC §47112(c) CONTRACT CLAUSE A27.3(Veteran's Preference): In the employment of labor(excluding executive, administrative,and supervisory positions),the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. STATE PROVISIONS Restrictions,Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity;may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity;may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. c. Non-Responsible Contractors.An entity or affiliate who has had its Certificate of Qualification suspended,revoked,denied,or have further been determined by the FDOT to be a non-responsible contractor,may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the County. d. Prohibition on Using Funds for Lobbying.No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347,Florida Statutes. e. Unauthorized Aliens. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. E-Verify.The County shall expressly require any Contractors/Subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. FAA Guidance June 19,2018 FCP-38 FDOT PUBLIC TRANSPORATION EXHIBIT 1.A GRANT PROVISIONS(AVIATION)CSFA 55.004 Indemnification and Insurance. (Applies to all contractors/subcontractors and consultants/subconsultants.) "To the fullest extent permitted by law, the contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees,from liabilities,damages,losses and costs,including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the County's sovereign immunity." Workers' Compensation Insurance. The County shall ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers'Compensation law. Inspector General Cooperation.The County agrees to comply with Section 20.055(5),Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5),Florida Statutes. FAA Guidance June 19,2018 FCP-39 I't() EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE. Page Certification and Form GCA-2 Certification Regarding Debarment,Suspension,and Other Responsibility Matters— Primary Covered Transactions GCA-3:6 Disadvantaged Business Enterprise(DBE)Utilization(Forms 1-4) GCA-7, 8 Certification of Buy American Certification for Manufactured Products GCA-9 Collier County Conflict of Interest Certification GCA-10 Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions GCA-11 GCA-Certification Regarding Lobbying GCA-12 Acknowledgement of Grant Terms and Conditions GCA-1 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Douglas R.Masch II Immokalee Regional Airport Security Improvements Name Project Name President 20-7683 Title Project Number DEC Contracting Group,Inc. 46-4934701 Firm Tax ID Number 079391270 DUNS Number 1560 Matthew Drive,Suite B,Fort Myers,FL 33907 Str Addres ,City,St e,Zip Signat GCA-2 ,� EXHIBIT 1.13 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization FORM I The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner(please check the appropriate space): The bidder is committed to a minimum of 7 % DBE utilization on this contract. The bidder (if unable to meet the applicable DBE goal of 5.6% for Marco Island and/or 5.9% DBE goal for Immokalee) is committed to a minimum of % DBE utilization on this contract and has submitted documentation demonstrating good faith efforts. Name of bidder's firm: DEC Contracting Group,Inc. State Re istratio No. CGC1526430 By President ( igna u e) Doug as _ . asch II Title GCA-3 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE)Utilization LETTER OF INTENT FORM 2 (Submit this page for each DBE subcontractor.) Name of bidder's firm: DEC Contracting Group, Inc. Address: 1560 Matthew Dr., Ste. B City: Ft. Myers State: FL Zip: 33907 Name of DBE firm: CSA Environmental Services, LLC Address: 17771 Wells Rd. City: North Ft. Myers State: FL Zip: 33917 Telephone: 239-543-8210 Description of work to be performed by DBE firm: --CJear gr ib and clisp95e 9f veggtatiQa debri% The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ 25,000.00 Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar v lue as stated above. By Amy Ayers Single Member/Manager ignat it ) (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. GCA-4 EXHIBIT I,B ...__,. GRANT CERTIFICATIONS AND ASSURANCES _ COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization LETTER OF INTENT FORM 2 (Submit this page for each DBE subcontractor.) Name of bidder's firm: DEC Contracting Group, Inc. Address: 1560 Matthew Dr., Ste. B City: Ft. Myers State: FL Zip: 33907 Name of DBE firm: Unlimited Turf, LLC Address: 4901 NW 240th Street City: Okeechobee State: FL Zip: 34972 Telephone: 863-357-5700 Description of work to be performed by DBE firm: -- Furnish and Install Bahia Sod. The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ 24,750.00. Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimate dolt r valve as tated above. By A, r i g- _ -, 7 ire e.r„; 'c9#' . (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. GC7A-4 EXHIBIT l.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise (DBE) Utilization (M/WBE) GOOD FAITH EFFORTS FORM 3 Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure disadvantaged, minority/women-owned and/or businesses as subcontractors/sub- consultants/suppliers. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. Fulfillment of the "good faith effort" can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. 2. Efforts to follow-up initial solicitation of interest by contacting disadvantaged/minority/women- owned firms to determine with certainty whether these firms are interested. 3. Efforts made to select portions of the work proposed to be performed by disadvantaged/minority/women-owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). 4. Documenting each disadvantaged/minority/woman-owned firm contacted the conclusion or decision regarding inclusion and reasons for the conclusions. 5. Efforts to assist the disadvantaged/minority/women-owned firms contacted that needed assistance in obtaining bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal agencies, small businesses, disadvantaged/minority/women business assistance offices and other organizations that provide assistance and placement of disadvantaged/minority/woman-owned businesses. Company Name: DEC Contracting Group,Inc. Printed Name: Douglas R. Masch II Title: President /C Signed: Date: 05/12/2020 GCA-5 EXHIBIT l.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise (DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant DEC Contracting Group, Inc. Address/ Phone Number 1560 Matthew Dr. Ste. B, Ft. Myers, FL 33907 239.332.4322 Procurement Number 20-7683 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 ***PLEASE SCE ATTACI ICE) FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME GOOD FAITH EFFORT*** 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 ***PLEASE SEE ATTACHED FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME (,C)Cll FAITH FFFQRT*** 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# ***PLEASE SEE ATTACHED DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME GOOD FAITH EFFORT*** 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# ***PLEASE SEE ATTACHED DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME GOOD FAITH EFFORT*** 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# ***PLEASE SEE ATTACHED DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME GOOD FAITH EFFORT*** 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# ***PLEASE SEE ATTACHED DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME GOOD FAITH EFFORT*** 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. GCA-6 4 DEC _ y i„ J, k i.l%,,L r iC,� Group,u , S V I t..,..�.. A ' Contractors • Construction Managers • Design Builders GOOD FAITH EFFORT DOCUMENTATION IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS Chronological Order of Events: 1. On April 22, 2020 at 9:06 am DEC Contracting identified 490 entities in the iSqFt system with an MBE designation that matched the CSI codes relative to the scope of work on Immokalee Regional Airport Security Improvements and transmitted Invitations to Bid to all 490 entities. Of the 490 entities DEC Contracting identified 85 as being listed in the Florida Unification Certification Program (FUCP). Those 85 DBE's are highlighted in yellow. See attached EXHIBIT A. A sample ITB is provided as EXHIBIT B. Note: iSqFt is a nationally recognized bid management system and has capabilities of reaching DBE's nationwide and not just in the FUCP. It uses CSI codes to classify suppliers and subcontractors. Subcontractors and suppliers are able to enter into their account and profile in iSqFt their Minority and Disadvantaged Affiliations. The excel spreadsheet generated by iSqFt has a column for Minority and Disadvantaged Affiliations but it is impossible to expand that column and print to a one page wide report that is legible. Excel spreadsheets are available upon request for expanded information on all Minority and Disadvantaged Affiliations for each entity in the spreadsheet. 2. On April 28-29, 2020 DEC Contracting performed searches on the FUCP website for DBE's with NAICS codes relative to the 1560 Matthew Drive,Suite B,Fort Myers,Florida 33907 (239)332-4322—Office • (239)332-0180—Fax info@deccontracting.com CGC 1526430 Immokalee Regional Airport Security Improvements project. These searches were performed for FDOT Districts 1,4,6 & 7 which are the counties within 75 mile radius Collier County where the project is located, and which are the closest relative to drive time. These searches produced 4 spreadsheets that were downloaded by DEC from the FUCP website. These spreadsheets contained all relevant information concerning each DBE. On April 30, 2020 DEC targeted an email Invitation to Bid to all search result DBE's on the FUCP website. See attached email EXHIBIT C. 3. On April 28, 29, 30 2020 DEC spent all day calling DBE's in the searches mentioned in item no. 2. We modified the spreadsheets produced to document the date the Invitation to Bid was sent to each DBE, the DBE's response to the Invitation to Bid, the date the phone call was made to the DBE, the DBE's response to the call, whether or not we received a call back from the DBE and whether or not we received a bid from the DBE. The spreadsheets that document these efforts are EXHIBITS D, E, F AND G. 4. On May 1, 2020 DEC Contracting organized a Pre-Bid Meeting specifically for DBE's. An addendum to the iSqFt ITB was issued to all 490 entities as described in item no. 1 on April 30, 2020. 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".2".Y:s" yee_nnrn 2225a5 :,e 222.:22224Wi 2. ,, ,,,,,,,.,m��., ,, .,�,,.,., .,., :zm., .,.,.,mEp.,.,4Am., ,.,., ., .,.,., 4 .. 4 .,..,., m.,mP EXHIBIT B Doug Masch From: DEC Contracting Group, Inc. <Transmittals@isqftmail.com> Sent: Wednesday, April 29, 2020 4:18 PM To: Doug Masch Subject: Invitation to Bid - Immokalee Regional Airport Security Improvements :All Trades INVITATION TO BID 1 From DEC Contracting Group, Inc. Ill DEC Sent Wednesday,April 29, 2020 4.18 PM ET Email: doug@deccontracting.com tit Phone: (239)332-4322 Fax (239)332-0180 Let us know your bid intention here: v�iir E3id E¢ E is Won't Bid Attention: Douglas Masch - doug@deccontracting.com Company: DEC ContractingGroup Inc. You have been invited to bid: Immokalee Regional Airport Security Improvements Bid Due Date: Tuesday. May 12, 2020 12:00 PM ET Project Location: FL 34143 Project Start Date: Contact: Douglas Masch Description: DEC Contracting Group is requesting Bids from all qualified Disadvantaged Business Enterprises (DBE's) including subcontractors and material suppliers Certified under the Florida Unified Certification Program for the work described as follows: Clearing and grubbing as required to construct new and modify existing chain link fencing and gates. Install gate operators, access control, electronic security systems,video surveillance. Maintenance of traffic as required to complete scope of work. Sodding as required to restore distubed areas. Message to Bidders: ***ALL BIDS MUST BE SUBMITTED ON ATTACHED BID SCHEDULE.*** PLEASE NOTE DAVIS BACON WAGE RATES APPLY AND ARE ATTACHED!!! 1 Click here to view the project Access Number:NPXW-8VFT Let us know your bid intention here: I`Bid tt:. mx«Y It's a fact: COVID-19 is disrupting construction.You need to know if projects are getting pushed, put on-hold, or outright cancelled. Don't get caught short-Download the free report. For help,visit http://www.isgft.com/start/pages/contact-supports or call us at 888-768-4569. PiSciFt If you do not wish to receive further iSqFt messages, unsubscribe by clicking here or by calling 1-888-768-4569. If you would like to change or edit your preferences for this or other iSqFt accounts,please visit the My Profile page after logging in.To learn more about the use of personal information by iSqFt,please read our Privacy Policy. 2 EXHIBIT C From: Dom Masch To: Doug Masch Bcc: AILENCaIAAFONTE.COM;ALEXANDRA(IaAGREENWORLD-INC.COM; JOSEANGELBUSTOSCaIACRECONSTRUCTION.COM;SONNYCaIMYASMI,COM;OFFICECIaATLANTICICON.US; AVIER,BUSTOSCaICEBENGINEERING.COM;LFPORROCaICOBALTCCG.COM;CSIERRACaICOMTECHENG.COM; )CCaICONSTRUCTGROUPCORP.COM;PECURTISCaICURTOOM,COM;DWIGHTCaIDSTEPHENSON.COM; PETE@ DENSON-CONSTRUCTION,COM;EMARTINEZ6762( GMAIL.COM;PROJECTSCa1FBBIGROUP.COM; FCEC73CalAOL.COM;)AYCa)GOSALIACO.COM;MSANCHEZ(Ia HCIMAIL.NET;MARIN MARINCa1BELLSOUTH.NET; RMAYTINCTMAYTIN.COM;KARYNCIa MERCURIAL.SOLUTIONS.COM;HERMANGCIa NACC,US; PABONENGINEERINGCa)OUTLOOK.COM;GUSTAVOBUSTOSU HOTMAIL,COM;INFOCaIRJRCONSTRUCTION,COM; OFFICE(aIRGUNDERGROUND.COM; ROBERTaROCKPOWERPAVING.COM;YZULUAGAaTHESTOUTGROUP.COM; UNDERCITY2CalAOL.COM;ARMANDOCIaABERNALSERVICESCORP.COM;ABLNETWORKSOLUTIONSCa)GMAIL,COM; 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KATI(M)CONSTRUCTION.COM;).FORANCEC@JPCORR.COM; )TV INCORPORATEDAOL.COM;JACKSCONCRETE(a GMAIL.COM;MAUROCWPAVINGLADY.COM; FRANCISC(aJCMACHINESHOP.COM;YVETTECaIJONESBENITEZ.COM;STATESITEDEV©AOL.COM; )S1CONSTRUCTION(a�GMAIL.COM;KENVIROCaIKATESINC.COM;KENSANDLINCa�HOTMAIL.COM; LLWWEXPC8�GMAIL.COM;JULIEGCa1GARRARDINC.COM;MOEBATTLECa1HOTMAIL.COM; MACKANDSONCaCOMCAST.NET;NORYM7aMANNAGC.COM;MAROUEEDEV(aAOL.COM; DEREKC�MATCONCONSTRUCTION.COM;RMAYTINCMAYTIN.COM;LUCIAMCKERCHERC@GMAIL.COM; YAHAIRA(aLOPEZINC.COM;MOEPHYUKAOL.COM;SATTYACa1MOTPLANS.COM; PHILLIP@ MURATTECONSTRUCTION.COM;NDR.INCC(HOTMAIL.COM;KRYSTENCa�NATURES-KEEPER.COM; HERMANGCa1NACC.US;YGENAO(aINOURYCONSTRUCTION.COM;DEBRACaIONGRADECONTRACTING.COM; )ACKIECa�PJSTRIPING.COM;OLGAANGEL7C1a MSN.COM;EPACINCa PACCOMMINC.COM; PALMAPAVINGCONCRETECMAHOO.COM;LINDAPLSSPAOL.COM;SALESC@PATHWAYCONCRETE.COM; ABBEY264Ca)AOL.COM;GUSTAVOBUSTOSUHOTMAIL,COM;OFFICE(aRGUNDERGROUND.COM; RICHCONSTRUCTION( EARTHLINK,NET;SILVIOCa1ROADWAY-CONSTRUCTION.COM; EXECC1a ROBERTSTRAFFIC.COM;ROCKSOLIDUSA@ GMAIL.COM;SAMEER.RODEGMAIL.COM; ROGARLLCCa1GMAIL.COM;NEENACaIS-DENG.COM;SOLOMONS ACCaIYAHOO.COM; SOUTHERNFENCING1CVYAHOO.COM;TENUSAPLBC1aGMAIL.COM;PMARTINIC6ITHE-STEELE-GROUP,COM; LORIC@TRU-COLORSCONTRACTING.COM;URVEJJC@YAHOO.COM;URVEMYAHOO.COM; NICKIWATTSAOL.COM;OJCC@3CCONSTRUCTIONCORP,COM;43RJMAINTENANCECa GMAIL.COM Subject: IMMOKALEE REGIONAL AIRPORT SECURITY IMPROVEMENTS Date: Thursday,April 30,2020 2:58:00 PM Attachments: jmaae001.iDg INVITATION TO BID / PRE-BID MEETING DEC Contracting Group is requesting Bids from all qualified Disadvantaged Business Enterprises (DBE's) including subcontractors and material suppliers Certified under the Florida Unified Certification Program for the work described as follows: DEC Contracting will be hosting a Pre-Bid Meeting to answer any questions that DBE's might have and to assist with any request that would encourage and help DBE's in bidding this project. The following is the weblink, call in number and access code for the meeting. You can enter the meeting via the web link or by phone simply follow the instructions below. PRE-BID MEEETING: Friday, May 1, 2020 11:00 AM - 11:30 AM (EDT) Please join my meeting from your computer, tablet or smartphone. Please join my meeting from Google Chrome on your computer. https://www.gotomeet.me/DougMasch/immokalee-regional-airport-security- improvements You can also dial in using your phone. United States: +1 (669) 224-3412 Access Code: 557-584-429 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/557584429 DEC Contracting Group is requesting Bids from all qualified Disadvantaged Business Enterprises (DBE's) including subcontractors and material suppliers Certified under the Florida Unified Certification Program for the work described as follows: Clearing and grubbing as required to construct new and modify existing chain link fencing and gates. Install gate operators, access control, electronic security systems, video surveillance. Maintenance of traffic as required to complete scope of work. Sodding as required to restore disturbed areas. Bids are due no later than Tuesday May 12, 2020 at 3:00 pm and should be emailed to Doug Masch at his email address: doug©DECContracting.com If your firm is interested in providing a bid on this project then reply to this email requesting bid documents and we will provide them for you through a link to Drop Box. Thank You, DOUGLAS R. 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Sent: Thursday,April 30,2020 12:17 PM ET EXHIBIT H EmaiF PhPne: Fax: John Doe from ACME,Inc.Addendum 2 was just posted on 4/29/2020. Project Name: Immokalee Regional Airport Security Improvements Project ID: 6293729 Project Location: FL 34143 Project Contact: Douglas Masch Description: DEC Contracting Group is requesting Bids from all qualified Disadvantaged Business Enterprises(DBE's)including subcontractors and material suppliers Certified under the Florida Unified Certification Program for the work described as follows: Clearing and grubbing as required to construct new and modity exist. "hair lk felicity .nd gates. Install gate operators,access control,electronic security systems,video (lance. ' .mtenance of traffic as required to complete scope of work.Sodding as required to restot,, tu' .t areas. Notes: Message: Description: DEC Contracting will be hosting a Pre-Bid Mr ng to an' er any questions that DBE's might have and to assist with any request that would encourage ar-I help L. in bidding this project.The following is the weblink, call in number and access code for the meetin i -.an ern, '1e meeting via the web link or by phone simply follow the instructions below. PRE-BID MEEETING: Friday, May 1,2020 11:00 AM-11:30 Ai. '7DT) Please join my meeting f ~^ur compute', ',let or smartphone. Please join my meeting 1. m - ' "me on your computer. https://global.gotomeeting.c, /jr ./557584429 DEC Contracti" up is requ fling Bids from all qualified Disadvantaged Business Enterprises (DBE's)inch' ,rg subcor'-"-tors ,d material suppliers Certified under the Florida Unified Certification rogran' ,�._. ,t here to view the ro'• ect _ Access Number:AXXS-NMBR It's a fact:COVID-19 is disrupting construction.You need to know if projects are getting pushed,put on-hold,or outright cancelled.Don't get caught short-Download the free report. For help,visit http://www.isgft.com/startfpaCies/contact-support'or call us at 888-768-4569. ■ �SgFt EXHIBIT I,B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(not both) by inserting a checkmark (I) or the letter"X". ® Bidder or offeror hereby certifies that it will comply with 49 USC§ 50101 by: a) Only installing steel and manufactured products produced in the United States,or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC§ 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. GCA-7 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Manufactured Products Required Documentation Type 3 Waiver-The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the"item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs,excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC §47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecuti n under Title 18, United States Code. 05/12/2020 Date Signa'fur"e DEC Contracting Group,Inc. President Company Name Title GCA-8 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 20-7683 Collier County Solicitation No. 1, Douglas R.Masch II , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also,to the best of my knowledge,no member of my household;no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Douglas R.Masch II Name Sign President 5/12/2020 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. GCA-9 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions The Contractor 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(✓) 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 a) The applicant represents that it is ( ) is not ( x) 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. b) The applicant represents that it is( )is not(X)is not a corporation that was convicted of a criminal violation under ally Federal law within the preceding 24 months. 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. President Douglas R.Masch II Name Title DEC Contracting Group,Inc. Firm Signature" -- GCA-10 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying (Federal and State) The undersigned certifies,to the best of his or her knowledge,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan, or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The Contractor, DEC Contracting Group,Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this •tificati and dis losure,if any. Signature of Contractor's Authorized Official Douglas R.Masch II/President Name of Authorized Official and Title 5/12/2020 Date GCA-11 7 EXI3IBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name DEC Contracting Group,Inc. Date 5/12/2020 Douglas R.Masch II/President Authorized Signature Address 1560 Matthew Drive,Suite B,Fort Myers,FL 33907 20-7683 Solicitation/Contract# GCA-12 A�9Rd CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 8/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME:ACT Certificate Department Five County Insurance Agency Inc PHONE 239-939-1400 FAX Nol:239-939-3813 14120 Metropolis Ave (A/C.No.Ext) Fort Myers FL 33912 ADDARESS: certs(rD,fivecountyinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:American Builders Insurance 11240 INSURED DECCO-1 INSURER B: National Builders Insurance 16632 DEC Contracting Group Inc 1560 Matthew Dr Unit B INSURER c:Old Dominion Insurance 40231 Fort Myers FL 33907 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:657518392 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR POLICY EFF POLICY EXP LTR R LIMITS I TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y PKG016751708 3/6/2020 3/6/2021 EACH OCCURRENCE $1,000,000 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 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 $ OTHER: COMBINED SINGLE LIMIT C AUTOMOBILE LIABILITY Y Y B1 P0157N 5/8I2020 5/8/2021 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED (Per accident) $ AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR UMB018902305 3/6/2020 3/6/2021 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ A WORKERS COMPENSATION Y WCV016799205 3/6/2020 3/6/2021 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:20-7683 Immokalee Regional Airport Security Improvements Collier County Board of County Commissioners,or Board of County Commissioners in Collier County,or Collier County Government,or Collier County are named as an additional insured when required per written contractual agreement with respects to General Liability and Auto.Waiver of Subrogation is included with respects to General Liability&Workers Compensation and Auto. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3295 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES FL 34112 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD