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#20-7784 (Preffered Materials, Inc.)
CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Preferred Materials, Inc., ("Contractor") of 5701 E. Hillsborough Ave. Suite 1122, Tampa, FL 33610, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Immokalee Airport - 18/36 Rehabilitation-Grant Funded, Invitation to Bid No. 20-7784 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, 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 Million Eight Hundred Eighty-Seven Thousand One Hundred Eighty-Two Dollars and Fifty-Four Cents ($5,887,182.54). 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 092520(v7) 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 eighty-five(185) calendar days from the Commencement Date (herein"Contract Time"). The date of Substantial Completion of the Work(or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, three thousand seven hundred fifty-six dollars ($3,756.00) 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 092520(v7) 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 20-7784 Immokalee Airport - 18/36 Rehabilitation-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 Not Applicable Exhibit B-2: Performance Bond Forms 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 092520(v7) 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 20-7784 Immokalee Airport - 18/36 Rehabilitation-Grant Funded. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsvnc.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( Z ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications (Exhibit K: Permits ]Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Hole Montes, Inc. ®Exhibit 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 Airport Authority 2005 Mainsail Dr, Suite#1 Naples, FL 34114 Attn: Justin Lobb, Contract Administrator/Project Manager Phone: 239-642-7878 Email: Justin.LobbAcolliercountyfl.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: Preferred Materials, Inc. 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Attn: Jacob Unger, Authorized Employee Phone: 813-612-5740 Email: jacob.unger@preferredmaterials.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 092520(v7) 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. 54110 Construction Services Agreement.Revised 092520(v7) 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 092520(v7) IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WT. , S: Preferred Materials, Inc. FIRST WI ESS Jacob Unger,Authorized Employee B . Print Name Robert Spillman, Vice President 10/14/2020 / Print Name and Title Date SECOND WITNESS Susan Hibbard,Estimating Coordinator Print Name Date: 10/14/20 ATTEST: OWNER: Crystal K. Kinieli„bIerk-pf Courts BOARD OF COUNTY COMMISSIONERS &Compticbller OF COLLIER COUNTY FLORIDA - ,- By. .4044. 4/...."Ce-e•Am.a..— BY: • Olaf ifs rw.eS , Burt L. Saunders, Chairman A.. ove. a t For a egality: law saletanrC, aunty Attorney Derttly Print Name 7 Construction Services Agreement Revised 092520(v7) EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 �Construction Services Agreement:Revised 092520(v7) Solicitation No.:20-7784 Solicitation Till,Immokalee Airport-Runway 18-36 Rehabilitation Dld Due Date: 8/20/2020 ITB#20-7784 Bid Schedule-Addendum 1 BIDDER'S NAME: Item No. Spec No. Item Description Units Total Unit Price Total Cost Quantity 1 C-100 CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) LS 1 $ 265,222.00 $265,222.00 2 C-102-5.1a TEMPORARY SEEDING AND MULCHING SY 4560 $ 1.52 $6,931.20 3 C-102-5.1b INSTALLATION AND REMOVAL OF SILT FENCE LF 8550 $ 2.92 $24,966.00 4 C-102-5.1c TURBIDITY BARRIERS LF 250 $ 17.21 $4,302.50 5 C-105 MOBILIZATION LS 1 $ 410,633.00 $410,633.00 6 C-106 SAFETY,SECURITY,AND MAINTENANCE OF TRAFFIC $ 134,294.00 $134,294.00 LS 1 7 P-101-5.1 CONCRETE PAVEMENT REMOVAL SY 10650 $ 5.18 $55,167.00 8 P-101-5.2 ASPHALT PAVEMENT REMOVAL SY 4500 $ 3.73 $16,785.00 9 P-101-5.6 COLD MILLING(0.5"-4.5") SY 74740 $ 1.37 $102,393.80 10 P-101-5.7 REMOVAL OF STORMWATER PIPE LF 734 $ 40.64 $29,829.76 11 P-101-5.8 REMOVAL OF STORMWATER INLETS EA 2 $ 996.75 $1,993.50 12 P-101-5.9 REMOVAL OF ENDWALL EA 1 $ 1,379.54 $1,379.54 13 P-152-4.1 UNCLASSIFIED EXCAVATION CY 2250 $ 14.25 $32,062.50 14 P-160-8.1 SUBGRADE STABILIZATION(12")* SY 14500 $ 6.98 $101,210.00 15 P-211-5.1 LIMEROCK BASE COURSE SY 14900 $ 18.67 $278,183.00 16 P-401-8.1 ASPHALT SURFACE COURSE TONS 11500 $ 105.23 $1,210,145.00 17 P-403-8.1 ASPHALT MIXTURE LEVELING OR BASE COURSE TONS 12000 $ 105.23 $1,262,760.00 18 P-620-5.1 FINAL RUNWAY/TAXIWAY MARKING W/TYPE III BEADS $ 0.88 $48,840.00 SF 55500 19 P-620-5.2 TEMPORARY RUNWAY/TAXIWAY MARKING SF 55500 $ 0.37 $20,535.00 20 P-620-5.3 BLACK OUTLINE PAINT SF 15500 $ 0.53 $8,215.00 21 D-701-5.2 12"x18"CLASS III ERCP LF 42 $ 95.35 $4,004.70 22 D-701-5.3 14"x23"CLASS III ERCP LF 20 $ 117.44 $2,348.80 23 D-701-5.1 18"CLASS V RCP LF 540 $ 52.33 $28,258.20 24 D-751-5.3 TYPE"C"INLETS EA 1 $ 3,232.09 $3,232.09 25 D-751-5.4 TYPE"H"INLETS EA 1 $ 6,858.04 $6,858.04 26 D-752-5.1 DOUBLE 18"HEADWALL EA 1 $ 3,227.09 $3,227.09 27 F-162-5.1 CHAIN-LINK FENCE LF 765 $ 21.13 $16,164.45 28 F-162-5.2a 16'VEHICLE GATE EA 1 $ 1,585.05 $1,585.05 29 T-901-5.1 SEEDING 1000SF 75 $ 211.34 $15,850.50 30 T-904-5.1 SODDING SY 26000 $ 3.04 $79,040.00 31 T-905-5.1 TOPSOIL(OBTAINED ON-SITE) CY 1500 $ 11.93 $17,895.00 32 T-908-5.1 MULCHING 1000SF 75 $ 211.34 $15,850.50 33 L-101-1 L-801A ROTATING BEACON INSTALLED COMPLETE EA 1 $ 76,610.41 $76,610.41 34 SP-104-1 TEMPORARY POWER&TEMPORARY AIRFIELD 1 $ 10,215.07 $10,215.07 LIGHTING/SIGNAGE/NAVIGATIONAL FACILITIES 35 SP-105-1 ELECTRICAL DEMOLITION LS 1 $ 24,655.87 $24,655.87 36 L-107-1 L-806(L),LED EXTERNALLY LIGHTED WIND CONE,WITH EA 1 $ 15,938.14 $15,938.14 L-810(L)OBSTRUCTION LIGHT 37 L-108-1 1/C L-824 TYPE C-UNSHIELDED#8 AWG 5KV STRANDED $ 1.64 $54,776.00 COPPER CABLE-BLACK-INSTALLED IN DUCT OR CONDUIT LF 33400 38 L-108-2 1/C L-824 TYPE C-UNSHIELDED#8 AWG 5 KV STRANDED $.. 1.64 $24,600.00 COPPER CABLE-RED-INSTALLED IN DUCT OR CONDUIT LF 15000 39 L-108-3 1/C#2 AWG SOLID COPPER COUNTERPOISE CABLE, LF 19860 $ 2.27 $45,082.20 INSTALLED OVER DUCT OR CONDUIT 40 L-108-4 0.75"DIAMETER BY 10.00'LONG COPPER CLAD STEEL EA 740 $ 137.37 $101,653.80 SECTIONAL GROUND ROD - 41 SP-109-1 AIRFIELD ELECTRICAL VAULT MODIFICATIONS LS 1 $ 28,354.30 $28,354.30 42 SP-109-2 SHORT CIRCUIT/COORDINATION/DEVICE LS 1 $ 5,072.14 $5,072.14 EVALUATION/ARC FLASH ANALYSIS 43 L-110-1 1W2"SCHEDULE 40 PVC DIRECT EARTH BURIED DUCT LF 15000 $ 5.39 $80,850.00 44 L-110-2 2W2"SCHEDULE 40 PVC DIRECT EARTH BURIED DUCT LF 1750 $ 8.19 $14,332.50 1 it Item No. Spec No. Item Description Units Total Unit Price Total Cost Quantity 45 L-110-3 4W2"SCHEDULE 40 PVC DIRECT EARTH BURIED DUCT LF 1000 $ 13.74 $13,740.00 46 L-110-4 6W2"SCHEDULE 40 PVC DIRECT EARTH BURIED DUCT LF 20 $ 21.50 $430.00 47 L-110-5 2W2"SCHEDULE 40 PVC CONCRETE ENCASED LF 2000 $ 24.57 $49,140.00 48 L-110-6 4W2"SCHEDULE 40 PVC CONCRETE ENCASED LF 200 $ 42.64 $8,528.00 49 L-125-1 L-858(L)SIGN—SINGLE/DOUBLE FACE,LED,SIZE 2-3 EA 6 $ 7,220.40 $43,322.40 MODULE 50 L-125-2 L-858(L)SIGN—SINGLE/DOUBLE FACE,LED,SIZE 2-4 EA 4 $ 9,809.30 $39,237.20 MODULE 51 L-125-3 L-861T(L)OMNIDIRECTIONAL,BLUE,LED,TAXIWAY EDGE EA 57 $ 1,590.33 $90,648.81 52 L-125-4 L-861(L)RUNWAY EDGE LIGHT—LED-CLEAR/CLEAR EA 4 $ 2,647.02 $10,588.08 53 L-125-5 L-861(L)RUNWAY EDGE LIGHT—LED-CLEAR/YELLOW EA 40 $ 1,862.95 $74,518.00 54 L-125-6 L-861E(L)RUNWAY THRESHOLD LIGHT—LED-GREEN/RED EA 16 $ 2,057.39 $32,918.24 55 L-125-7 L-867B LIGHT BASE(NAC) EA 2 $ 916.16 $1,832.32 56 L-125-8 FIELD LIGHTNING ARRESTOR ASSEMBLY EA 17 $ 692.14 $11,766.38 57 L-125-9 JUNCTION CAN PLAZA-TWO CAN EA 12 $ 4,261.65 $51,139.80 58 L-125-10 JUNCTION CAN PLAZA— FOUR CAN EA 3 $ 7,590.24 $22,770.72 59 SP-154-1 L-880(L)PAPI STYLE A-RUNWAY 18-COMPLETE EA 1 $ 80,432.47 $80,432.47 _ 60 SP-154-2 L-880(L)PAPI STYLE A-RUNWAY 36-COMPLETE EA 1 $ 60,477.84 $60,477.84 61 SP-154-3 TWO PAPI&TWO REIL-FAA FLIGHT INSPECTION FEE 1 $ 21,133.91 $21,133.91 62 SP-155-1 L-8491(L)REIL SYSTEM,RUNWAY 18,COMPLETE EA 1 $ 22,261.40 $22,261.40 63 SP-155-2 L-8491(L)REIL SYSTEM,RUNWAY 36,COMPLETE EA 1 $ 21,204.70 $21,204.70 64 L-110-7 2W4"SCHEDULE 40 PVC CONCRETE ENCASED LF 225 $ 46.12 $10,377.00 65 L-110-8 3W2"SCHEDULE 40 PVC DIRECT EARTH BURIED DUCT LF 125 $ 11.15 $1,393.75 Base Bld $5,360,163.67 Immokalee Regional Airport-Runway 18/36 Rehabilitation-Alternate#1 Item No. Spec No. Item Description Units Total Unit Price Total Cost Quantity 1 C-105-1 MOBILIZATION EA 1 $ 5,177.81 $5,177.81 2 SP-104-1 TEMPORARY POWER&TEMPORARY AIRFIELD 1 $ 3,416.29 $3,416.29 LIGHTING/SIGNAGE/NAVIGATIONAL FACILITIES 3 SP-105-1 ELECTRICAL DEMOLITION LS 1 $ 4,403.25 $4,403.25 4 L-125-11 7.5 KW L-829 CONSTANT CURRENT REGULATOR-3-STEP- EA 2 $ 19,927.16 $39,854.32 5 L-125-12 10 KW L-829 CONSTANT CURRENT REGULATOR-3-STEP- EA 1 $ 21,715.09 $21,715.09 6 L-125-13 15 KW L-829 CONSTANT CURRENT REGULATOR-3-STEP- EA 1 $ 25,184.22 $25,184.22 7 L-125-14 20 KW L-829 CONSTANT CURRENT REGULATOR-3-STEP- EA 1 $ 29,420.51 $29,420.51 Alternate#1 Total $129,171.49 Immokalee Regional Airport-Runway 18/36 Rehabilitation-Alternate#2 Item No. Spec No. Item Description Units Total Unit Price Total Cost Quantity 1 C-105 MOBILIZATION LS 1 $ 21,887.38. $21,887.38 2 P-101-5.6 COLD MILLING(0.5"-4") SY 9000 $ 2.14 $19,260.00 3 P-401-8.1 ASPHALT SURFACE COURSE TONS 1200 $ 134.76 $161,712.00 4 P-403-8.1 ASPHALT MIXTURE LEVELING OR BASE COURSE TONS 1450 $ 131.52 $190,704.00 5 P-620-5.1 FINAL RUNWAY/TAXIWAY MARKING W/TYPE III SF 900 $ 1.59 $1,431.00 6 P-620-5.2 TEMPORARY RUNWAY/TAXIWAY MARKING SF 900 $ 1.59 $1,431.00 7 P-620-5.3 BLACK OUTLINE PAINT SF 1800 $ 0.79 $1,422.00 Alternate#2 Total $397,847.38 2 CAO EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement:Revised 092520(v7) CAo Collier County Email: Barbara.Lance@colliercountyfl.g ov Administrative Services Division Telephone: 239.252.8998 Procurement Services ADDENDUM#1 Date: August 10,2020 From: Barbara Lance,Procurement Strategist To: Interested Bidders Subject: Addendum# 1 —20-7784 Immokalee Airport Runway 18/36 Rehabilitation-Grant Fund This Addendum has been issued for the following items identifying clarifications,changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: 1. Drawing C-003,Item number 36,Change the word"internally"to"Externally". 2. Drawing C-003, Item number 44,Change quantity from"400"to "1750". 3. Drawing C-003,Item number 45,Change quantity from"40"to"1000". 4. Drawing C-003, Item number 47, Change quantity from"4200"to"2000". 5. Drawing C-003,Item number 51,Change quantity from"53"to"57". 6. Drawing C-003,Item number 57,Change quantity from"10"to"12" 7. Drawing C-003,Item number 58,Change quantity from"2"to"3". 8. Drawing C-003,Add new Item number 64,L-110-7,2W4" Schedule 40 PVC Concrete Encased, per Linear Foot(LF),225 LF. 9. Drawing C-003,Add new Item number 65,L-110-8,3W2" Schedule 40 PVC Direct Earth Buried Duct,per Linear Foot(LF), 125 LF 10. Specification SP-104,Page SP-104-12,Change pay item from"Item L-104-1"to"Item SP-104- 1". 11. Specification L-109,Page L-109-9,Part 109-3.16,Add the following text to the end of the paragraph: "Included in this item is the furnishing and installation of the S-1 Cut-Out Enclosure and all appurtenances, all nameplates,grounding,bonding and other miscellaneous electrical 1 work(parallel and series)required to complete this item in accordance with the work scope as described in the Contract Documents." 12. Specification L-110,add new pay item,L-110-7, 2W4" Schedule 40 PVC Concrete Encased,per Linear Foot(LF). 13. Specification L-110,add new pay item,L-110-8,3W2" Schedule 40 PVC Direct Earth Buried Duct,per Linear Foot(LF). 14. Specification L-125,Page 3,Part 125-2.14,part h. "Included with each new constant current regulator shall be a new feeder/branch circuit and overcurrent protection as described on Drawing E-713." 15. Specification SP-154,Page SP-154-12,Change Pay Item SP-154-3 description from"Two PAPI &One REIL-FAA Flight Inspection Fee"to"Two PAPI&Two REIL-FAA Flight Inspection Fee". 16. Specification SP-155,Page SP-155-2,add new section: 155-1.4 FAA Flight Check. a.The Contractor in coordination with the RPR shall arrange,coordinate, and schedule FAA flight check once the Contractor completes the REIL installations.The Contractor shall provide personnel at each flight check, assist,and make adjustments to the REIL system until FAA approval is obtained and the system is commissioned for service. Coordinate REIL flight check with PAPI flight check. b.The contractor shall provide a ground radio,adjusted to the frequency of the FAA flight check aircraft,for communication with the flight check aircraft.Communication is necessary for the flight check crew to communicate corrections that may be required to the REIL aiming angles. Payment for the REIL flight check(s)is incidental to the SP-154-3 pay item. 17. Drawing E-107,Reference Drawing C-105, On plan sheet add"347' OF FAILED(2)-18"RCP" being removed to drawing,show demo of fixtures and cables within approximately 50 feet of each side of removal. Demolition is incidental to the lump sum demolition pay item. Drawing will be issued in conformed documents. 18. E-20X series drawings,many of the fixtures have an"N"or an"E"adjacent to the fixture symbol. The"E"and"N"are AutoCAD notations and will be turned off in the conformed documents. 19. E-204,Add new PDER and PCU for Runway 36 PAPI immediately west of the Runway 36 ROFA, similar location as R/W 18 PAPI PDER and PCU. Drawing will be issued in conformed documents. 20. New Drawing E-207,Reference Drawing C-405, C-505,locate 4 new L-861T(L)fixtures with bases(identical to the others in the project),two on each side of T/W A and two fixtures on each side of RCP being removed.(one fixture in each corner of RCP and T/W intersection). Fixture layout and new drawing to be provided in conformed document set. Fixtures,cable, 2 CAO counterpoise, and conduit paid by existing pay items. Drawing will be issued in conformed documents. 21. Drawing E-302, Change second Note 12 to Note 13. 22. E-307, Reference Drawing C-405,C-505,add circuiting for four new L-861T(L)fixtures on T/W A. Circuiting and new drawing to be provided in conformed document set. 23. E-308, Change junction can plaza identification from"JCP-12"to"JCP-15". 24. E-407,add new Note 7. ALL RIGID GALVANIZED STEEL CONDUIT AND ALL GALVANIZED STEEL ITEMS INSTALLED UNDERGROUND OR WITHIN 12 INCHES OF THE EARTH SHALL BE COATED WITH A 12 MIL THICK COAT OF ASPHALTUM PAINT. APPLY COATING/PAINT IN STRICT ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS. APPLY TO CLEAN DRY SURFACES. PAINT SHALL BE APPLIED IN TWO APPLICATIONS/COATS MINIMUM. OBSERVE THE MANUFACTURER'S MINIMUM CURE TIME BETWEEN APPLICATIONS/COATS. EACH COAT OF PAINT SHALL BE GIVEN AMPLE TIME TO DRY AND HARDEN BEFORE THE NEXT COAT IS APPLIED. TOUCH UP AREAS DAMAGED DURING INSTALLATION, WRENCH MARKS,TOOLING, BONDING CLAMPS,EXOTHERMIC WELDS,ETC. APPLY THE PROPER CONSISTENCY OF PAINT UNIFORMLY. THE FINISHED PAINT SHALL BE FREE FROM SAGS,HOLIDAYS,AND SMEARS. ASPHALTUM PAINT SHALL BE CARBOLINE BITUMASTIC 50 OR SUMTER COATINGS COAL BLACK ASPHALTUM 100N8507,OR ACCEPTED EQUIVALENT. 25. E-407, add new Note 8. ALL CONDUIT BENDS GREATER THAN 30 DEGREES SHALL BE MADE USING RIGID GALVANIZED STEEL CONDUIT. 26. E-409,Change wind cone detail to externally lighted. 27. E-410, add new note 1. SEE SPECIFICATION SP-111 FOR FIELD LIGHTNING ARRESTOR TESTING AND GROUPING REQUIRED TO OCCUR PRIOR TO INSTALLATION. COMPLY WITH REQUIREMENTS OF SP-111. 28. E704, Section"A-4",both existing CCRs on right of photo should have the same call out.Delete both existing call outs and replace with"REMOVE EXISTING CCR AND TURN OVER TO OWNER ON AIRPORT PROPERTY." 29. E-708, Change Call out on left side of vault from"INTERCEPT EXISTING 6W2"AND 4W2" FROM EXISTING PULL BOXES AND REROUTE SEVEN 2"CONDUITS TO THE NEW S-1 CUT-OUT ENCLOSURE. REROUTE THREE 2"CONDUITS FOR VOLTAGE CIRCUITS TO 250 VOLT WIRE WAY. USE RGS CONDUIT IN ACCORDANCE WITH NOTE 36 ON SHEET E-701"to "INTERCEPT EXISTING 6W2"AND 4W2"FROM EXISTING PULL BOXES AND REROUTE NINE 2"CONDUITS TO THE NEW S-1 CUT-OUT ENCLOSURE. REROUTE ONE 2"CONDUIT FOR VOLTAGE CIRCUIT WSP-E(PRIMARY WIND CONE) TO 250 VOLT WIRE WAY. WSP-E CIRCUIT CONDUIT SHALL BE INTERCEPTED ON THE EAST SIDE OF THE EXISTING PULL BOX. THE NINE OTHER CONDUITS SHALL 3 BE INTERCEPTED ON THE WEST SIDE OF THE PULL BOXES. USE RGS CONDUIT IN ACCORDANCE WITH NOTE 36 ON SHEET E-701." 30, E-708, Call out revised in previous E-708 item above has a leader pointing at the existing 4W2" duct. Add a second leader pointing at the existing 6W2"duct. Both duct banks should be attached to the call out. 31. E-708, show new 2"containing WSP-E from east side of pull box to vault 250 volt wire way. Show new 2W2"for PAPI 18 and PAPI 36 being routed to vault 250 volt wire way. 32. E-709, '/A tone screen the four L-828 CCRs(CCRs only) in the S-1 CUT-OUT WIRING DIAGRAM. The four CCRs are existing all other work/components are new and part of the base bid. 33. E-710,Delete notes 1 and 2 in their entirety and replace with: 1. INTERCEPT THE PRIMARY WIND CONE CIRCUIT(WSP-E)ON THE EAST SIDE OF THE PULL BOX ADJACENT TO THE AIRFIELD LIGHTING VAULT AND REROUTE RACEWAY TO THE 250 VOLT WIRE WAY. VOLTAGE CIRCUITS SHALL NOT OCCUPY THE SAME RACEWAY OR ENCLOSURE WITH AIRFIELD LIGHTING SERIES CIRCUITS,NEC 300.3(C)(2). EXTEND THE TWO NEW 18 PAPI AND 36 PAPI CONDUITS TO THE 250 VOLT WIRE WAY. 10 FOOT MINIMUM RGS CONDUIT. SEE NOTE 36 ON SHEET E-701. 2. THERE ARE 9 OTHER EXISTING CONDUITS AND TWO NEW 2"CONDUITS BEING ROUTED TO THE NEW S-1 CUT-OUT ENCLOSURE FROM THE AIRFIELD. 10 FOOT MINIMUM RGS CONDUIT TO S-1 CUT-OUT ENCLOSURE. SEE NOTE 36 ON SHEET E-701. ROUTE FOUR NEW 2"RGS FROM S-1 CUT-OUT ENCLOSURE TO THE 5 KV WIRE WAY WITHIN THE AIRFIELD LIGHTING VAULT. 34. E-710,ADD NEW NOTE 4. 4. ALL PENETRATIONS OF THE VAULT SHELL SHALL MAINTAIN WEATHER TIGHT INTEGRITY AND FIRE RATING OF THE VAULT STRUCTURE. 35. E-713,Change the designation for the four NEW constant current regulators from"L-828"to"L- 829". 36. E-714,Delete manufacturer's designation("SAS"and"ADB")from the"ALTERNATE 1 PROPOSED PANEL SCHEDULE"identification column for the four new CCRs. CHANGE 2: Bid Schedule has been updated and replaced with: 20-7784 Bid Schedule_Addendum 1 4 If you require additional information please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. ra:4. 8/20/20 (Signature) Jacob Unger,Authorized Employee Date Preferred Materials,Inc. (Name of Firm) 5 Co 7 County Email: Barbara.Lance@colliercountyfl.gov Administrative Services Division Telephone: 239.252.8998 Procurement Services ADDENDUM#2 Date: August 14,2020 From: Barbara Lance,Procurement Strategist To: Interested Bidders Subject: Addendum#2—20-7784 Immokalee Airport Runway 18/36 Rehabilitation-Grant Fund This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work,solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: Drawing E-405:Install a 2 AWG bare solid copper ground ring around each junction can plaza. The ground ring shall be 3 feet minimum outboard of the junction can plaza and installed 3 feet deep. Each base can and each counterpoise over each raceway shall connect to the ground ring. Install one 10-ohm earth electrode at each junction can plaza(paid in accordance with L-108-4). Bond ground rod to ground ring using an exothermic or accepted equivalent connection. The drawing will be updated in the Conformed Documents. ANSWERS TO QUESTIONS 7 AND 9: QUESTION 7: Question 7.1: Sheet E-001,Note 33.Does Stainless hardware need to be 304 or 316? Response 7.1: Stainless steel alloy 304 is acceptable. Question 7.2: Sheet E-701,Note 47. Would it be better to make the"typical 8 ground rods"the required amount per location?This is a big difference for interpretation while bidding. Response 7.2: Sheet E-701, Note 47 will be revised to read: "ALL GROUND RODS SHALL BE INCIDENTAL TO THE PAY ITEMS PROVIDED. GROUND RODS SHALL BE PAID IN ACCORDANCE WITH ITEM L-108-4. CONTRACTOR SHALL ANTICIPATE (BASIS OF DESIGN) THAT TYPICALLY EIGHT(8)COPPER CLAD STEEL 10'SECTIONAL GROUND RODS WILL MAY BE REQUIRED AT EACH SPECIFIED LOCATION TO ACHIEVE THE REQUIRED MAXIMUM EARTH RESISTANCE. SEE ITEM L-111 FOR TESTING REQUIREMENTS. ONLY THE QUANTITY OF ELECTRODES NECESSARY TO ACHIEVE THE 10 OHM REQUIREMENT SHALL BE INSTALLED AT EACH LOCATION." The drawing will be updated in the Conformed Documents. 1 Question 7.3: E-703. Is the Vault wireway existing to be replaced or re-used? Response 7.3: The two wire ways, "240-VOLT" and "5000-VOLT" are existing and shall be reused. Question 7.4: E-709. What is the depth required for the S-1 cutout enclosure? Response 7.4: The S-I Cut-Out enclosure minimum depth is 12". The enclosure depth may need to exceed 12" depending upon the space needed in the bottom of the enclosure for conduit entry/exit, the mounting methods for the enclosure's internal back plate and the thickness of the S-1 Cut-Outs furnished by the Contractor. The final enclosure depth shall be determined and coordinated during the submittal/shop drawing process. Question 7.5: E-709. Is the S-1 enclosure 304 or 316 stainless? Response 7.5: Stainless steel alloy 304 is acceptable. QUESTION 9: Ouestion 9.1: Sheet-416.Does the 3 KVA transformer need to be Stainless Steel like the disconnect? Response 9.1: Yes. 300 series or 400 series stainless steel alloy would be acceptable. Question 9.2: Will equivalent electric gear be accepted other than Eaton? Response 9.2: Circuit breakers and other like equipment installed in existing equipment shall match existing to maintain UL Listing. New equipment shall be Eaton or accepted equivalent, i.e. Square-D or other equivalent quality manufacturer. All like equipment furnished by this Contractor shall be by the same manufacturer. Question 9.3: Are the S-1 cut outs in the vault being relocated to the new cabinet? Response 9.3: The existing S-1 Cut-Outs and enclosures shall be removed from the vault and turned over to the Owner in accordance with Note 4 on E-709. The Contractor shall furnish and install six new S-1 Cut-Outs in the S-1 Cut-Out Enclosure. If you require additional information please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for,the above referenced solicitation • C 8/20/20 ,(Signature) Jacob Unger ; Date Preferred MaterialsInc (Name of Firm) 2 FULLY EXECUTED FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA IMMOKALEE AIRPORT—RUNWAY 18/36 REHABILITATION-GRANT FUNDED BID NO.20-7784 Full Name of Bidder Preferred Materials,Inc. Main Business Address 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Place of Business 5701 E. Hillsborough Ave.Suite 1122 Tampa,FL 33610 Telephone No. 813-612-5740 Fax No, 813-664-8526 State Contractor's License# See attached Florida State Attorney General Leter State of Florida Certificate of Authority Document Number P25884 Federal Tax Identification Number 58-1401468 DUNS# 809022671 CCR# CCRID299019 Cage Code 7EK24 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 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the Construction Solicitation Doc rev 02-21-20 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 eighty-five (185)consecutive calendar days,computed by excluding the commencement date and including the last day of such period,and to be fully completed to the point of final acceptance by the Owner within thirty(30)consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature: Jacob nger Title: Authorized Employee Date: 8/20/2020 Construction Solicitation Doc rev 02-21-20 :; 'FOI;Mr2 .CONTRACT.QR'S KEY P.DRSONNEL ASSIGNED TO THE•PROJECT IMMOKALEE AIRPORT—RUNWAY 18/36 REHABILITATION-GRANT FUNDED Bid No.20-7784 Name Personnel Category Jeff Wilson 239-204-1493 Construction Superintendent Jason Bates 239-560-0643 Project Manager 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. Company: Preferred Materials,Inc. Signature: Cr Date: 8/20/2020 Jacob Unger,A thorized Employee Section B(Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2, 3. 4. 5. Please insert additional pages as necessary. Company; Signature: Date Construction Solicitation Doc rev 02-21-20 FORM,4`;LIST OF 1\1A404,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. MajorCategory ofWork Subcontractor and Address,. 1, Electrical AB Electrical 11341 Lindbergh Blvd.Ft Myers,FL 33913 2. Mechanical N/A 3. Plumbing N/A 4. Site Work Ongrade Contracting 12409 SE Sheri Ave.Unit 101 Lake Suzy FL 34269 5. Identify other subcontractors that represent more than 10% N/A of price or that affect the critical path of the schedule Company Preferred Materriiaalls,Inc SigriatuPe , .,1.. Jacob',Unger,Authorized Employee Construction Solicitation Doc rev 02-21-20 CAO SEE ATTACHED AIRPORT COMPLETED PROJECTS LAST 5 YEARS&FDOT STATUS OF CONTRACTS ON HAND 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. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 2. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) 3. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 02-21-20 SEE ATTACHED AIRPORT COMPLETED PROJECTS LAST.5 YEARS&FDOT STATUS OF CONTRACTS ON HAND FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) 5. (project name) (project owner) (project location) (Owner's address) (project description) (Owner's contact person) (title) (project completion date) (contract value) (phone) (email) 6. 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N/A o.100 TRIJI cos'.FETYACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act(90-96,Laws of Florida)effective October 1,1990.The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure (Quantity) Cost (Description) (LF,SY) 1. 2. 3. 4. 5. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. Com an ?"Preferred•Materials,,Inc. Signature ' Date 8/20/2020. • Jacob Uiger,:A'uthoried.Employee Construction Solicitation Doc rev 02-21-20 FORM 7-BlD BOND KNOW ALL MEN BY THESE PRESENTS, that we Preferred Materials, Inc. (herein after called the Principal) and Federal Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Indiana with its principal offices in the city of Whitehouse Station,NJ and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government (hereinafter called the Owner),in the full and just sum of Five Percent of 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. 20-7784 Immokalee Airport Runway 18/36 Rehabilitation-Grant Funded. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%of Amount Bid noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 20th day of August 2020. Preferred Materials,Inc. Principal BY (Seal) Jacob Unger, Authorized Employee Federal Insurance Company Surety (Seal) *rra-D-, .Y • Reizir "1 F •I. -e a Countersigned _ y� ME �"� ALA 14 a . •fiver.• _ Appointed Producing Agent for Marsh USA Inc. 249 Royal Palm Way,Suite 400 Palm Beach, FL 33480 State of Utah County of Salt Lake } ss: On A(,( - ld-2.(r)r 7 O ,before me,a Notary Public in and for said County and State,residing therein,duly commissidned and sworn,personally appeared Tina Davis known to me to be Attorney-in-Fact of Federal Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and • ' ertificate above. My Commission Expires June 9,2022 'p a_L Nia► r Notary • ,;#i'D'""' LINDA L NIPPER (1,1/ Notary Public-State of Utah l\' n' Comm, No, 700561 ° � My Commission Expires on ��' Jun 9,2022 CI-1UBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York corporation,PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Tina Davis,Lisa Hall and Linda Lee Nipper of Salt Lake City,Utah each as their true and lawful Attorney-In-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY, and sACE `AMERICAN INSURANCE COMPANY have each executed and attested these presentsts andme affixed` their corporate seals on this 21"day of April,2020. TV W-�-+�16 , lJt U6Yw ,/—��I/"O L Ikivm NI.Cilium';.Asistant Sa-rcl;,ry Stephen I.I l:mcy.Vice President vgg .,'f..+.�1 y INN'" ~'+ �\` 3 7 `• SS >; ;' t 9 S sir • STATE OF NEW JERSEY County of Hunterdon SS. On this 21"day of April,2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal /;1' •4\ ,TA0 KATHERINE J.ADEL AR WC.* NOTARY PUBLIC OF NEW JERSEY P�`t� No.2316686 Commission Expires July 16,2024 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December II,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds.undertakings,recognizances,contracts and other written commitments of the Company entered into In the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action Is nuthorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified In such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate In writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation,which specifrartion may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appoinnnent or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Down M. Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (II) the foregoing Power of Attorney Is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station.NJ,this August 20, 2020 0-44 + ay.r. �_ •au.�' 4:rW • Iklv;n NI,Chit n'cn.:\s.iseuuScrrel:uy' IN THE EVENT YOU WISH TO VERIFY TI IE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3655 a-mall:suretygnchubb.com 1111 Combined:FED-VIO-PI-WFIC-AAIC(rev.11.19) Collier County Florida Insurance and Bonding Requirements Insurance/ Type Required Limits 1, ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements ,'icience ofWorkers Cpmpensation coverage or a Certificate of Exemp$iorl rssue, Iby the State of Florida is required,Entities that are formed as Sole Proprietorship' phall not be.required to provide a proof of exemption,An application for exemption can-be;obtained online at httiis://apps,fidfs.cbm/bocexeinpt. 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 current ISO form Injury 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 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 ®Umbrella $3,000,000 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 0 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 ❑Valuable Papers Insurance $ Per Occurrence ❑Cyber Liability $ Per Occurrence 0 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. ® 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. 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. ® 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. rCpitigr Co inly sh41l procure gnd IT,, tt?.ltjnByjlders Rig I rrrice gn;ill.AnAt ctron pxoJQcO fib tg it'ts*am ecessapy,.,i ueii cgyer gg s1 11 be.eudoxsed`to cgver the bntel'pste pf C9111er CD.1.111V A5 WTI..C'C.P. ojgx k-)., remiwns still Iv billed tq;t1.Le•pro.pt j gnd rtllg Contfngtor shall riot include Bliilders Rlsjc;prawiwus 1ii It pxgjec roposa1 or projeet billings, :All questiorbs:xeprdatt jiui)dgr' Ris1c InSura cg will bi .r gd by Ilic Co1l1e c9A ty MA jvl=Petriglu Divlsl9F 7/2/20-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. CIO A /Y CERTIFICATE OF LIABILITY INSURANCE DATE 8/21/2019 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 Libert Mutual Insurance Co, National Insurance East NAM TEA CT Valerie Reece 2000 Nestwood Dr. PHONE -- FAX Wausau,WI 54401 (EA�/ o.Ext): 513-867-3822 (A/C.No): ADDRESS: Oldcastle.certs(LibertyMutual.com INSURER(S)AFFORDING COVERAGE NAIC# www.LibertyMutual.com INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Liberty Insurance Corporation 42404 Preferred Materials, Inc. (216-TAM) 5701 E. Hillsborough Avenue, Suite 1122 INSURERC: Tampa FL 33610 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 50699201 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY),(MM/DD/YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY TB2-C81-004095-119 9/1/2019 9/1/2020 EACH OCCURRENCE $2,000,000 CLAIMS-MADE 1/ OCCUR DAMAGE TO RENTED XCU Coverage Included PREMISES(Ea occurrence) $250,000 _ ✓ Primary/Non-Contributory MED EXP(My one person) $50,000 / Separation of Insured PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY / I JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2-C81-004095-129 9/1/2019 9/1/2020 (Ea acccideDISINGLE LIMIT $2,000,000 / ANY AUTO - BODILY INJURY(Per person) $ A OWNED SCHEDULED AS2-C81-054502-529 9/1/2019 9/1/2020 BODILY INJURY(Per eccldenl) $ AUTOS ONLY _AUTOS PhysicalDamagey'only: HIRED NON-OWNEDPROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY Comprehensive Ded$10,000 (Per accident) $ Collision Ded$10,000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WA7-C8D-004095-029 9/1/2019 9/1/2020 PER OTH- AND EMPLOYERS'LIABILITY Y/N All except OH,ND,WA,WY ✓ STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N J N/A B (Mandatory In NH) WC7-C81-004095-019 9/1/2019 9/1/2020 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WI,MN E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Evidence of Coverage. CERTIFICATE HOLDER CANCELLATION Evidence of Coverage. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Valerie Reece �(� aie Jn X� ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD , 50699201 I IM_44 19/19-9/20 • Standard 2/2, Excess I Donna Smltala 16/21/2019 12(43)18 PM (CDT) 1 Page 1 of 1 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/24/2020 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(les)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 PRODUCER CONTACT MARSH USA,INC. NAME: TWO ALLIANCE CENTER PHONE 3560 LENOX ROAD,SUITE 2400 (A/C.No.Exi): C,No): ATLANTA,GA 30326 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# CN 103150008--Prof-19-20 INSURED INSURER A;Liberty Surplus Insurance Corp 10725 PREFERRED MATERIALS,INC. INSURER B; 5701 E.HILLSBOROUGH AVE SUITE 1122 INSURER C: TAMPA,FL 33610 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-004238470-13 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD,I POLICY NUMBER IMM/OD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE I I OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ OEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I I PEc I I LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE �RH ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? I N I N/A $ (Mandatory In NH) If you,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability SAE5N700147011 09/01/2019 09/0112020 Each Occurrence 5,000,000 Deductible-$500,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) EVIDENCE OF COVERAGE ONLY CERTIFICATE HOLDER CANCELLATION PREFERRED MATERIALS,INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5701 E.HILLSBOROUGH AVE.,SUITE 1122 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TAMPA,FL 33610 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeeauao1: `.11 „4,` u ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CoiLier County Administrative Services Department Procurement Services Division FORM 9-CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above- mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non- public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Preferred Materials,Inc. Company Name Signature Jacob Unger,Authorized Employee State of Florida Print Name and Title County of Hillsborough The foregoing instrument was acknowledged before me by means of physical presence or❑ online notarization, this 20th day of August (month), 2020 (year),by Jacob Unger,Authorized Employee (name 7 of person acknowledging). ) (Signature of Notary Public-State of Florida).— (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ; �� SUSAN J.HIBBARD Type of Identification Produced • .. ;.: mE COMMISSION l Gp 90B027 A�F��"�'.° EXPIRES;December 21,2023 ••/, P f,,°,••0 Bonded Thru Notary public Underwriters CO 76Y County Administrative Services Department Procurement Services Division FORM 10-VENDOR DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor 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. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 20th day of August ,2020 in the County of Hillsborough ,in the State of Florida Firm's Legal Preferred Materials,Inc. Name: Address: 5701 E.Hillsborough Ave.Suite 1122 City, State,Zip Tampa,Florida 33610 Code: Florida P25884 Certificate of Authority Document Number Federal Tax 58-1401468 Identification Number CCRID299019 *CCR#or CAGE Code *Only if Grant Funded Telephone: 813-612-5740 Email: Jacob.unger@preferredmaterials.com Signature by: ( ,. (Typed and Jacob Unger written) Title: Authorized Employee Additional Contact Information Send payments to: Preferred Materials,Inc. (required if different Company name used as payee from above) Contact name: Maria Perez Title: Assistant Secretary Address: 5701 E. Hillsborough Ave. Suite 1122 City,State,ZIP Tampa,Florida 33610 Telephone: 813-612-5740 Email: maria.perez@preferredmaterials.com Office servicing Collier Preferred Materials,Inc. Fort Myers Branch County to place orders (required if different from above) Contact name: Jerry Fletcher Title: Area Manager Address: 18080 Green Meadow Road City,State,ZIP Fort Myers,Florida 33913 Telephone: Officxe 239-985-1138 Cell:239-318-5007 Email: jerry.fletcher@preferredmaterials.com Secondary Contact for Jacob Unger Authorized Employee this Solicitation: Email: jacob.unger@preferredmaterials.com Phone: 941-302-6371 Colter County Administrative Services Department Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to 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 MAY 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. Preferred Materials,Inc. Company Name c 5.v Signature Jacob Unger,Authorized Employee Print Name and Title State of Florida County of Hillsborough The foregoing instrument was acknowledged before me by means of IX physical presence or 0 online notarization, this 20th day of August (month), 2020 (year),by Jacob Unger,Authorized Employee (name of person acknowledging). (Signature of Notary lic-State of Florida) (Print,Type,or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced 1' 'rr'1 's SUSAN J.HIBBARD :.. ;,; MY COMMISSION#GG 908027 �y..%�.•'A EXPIRES:December 21,2023 '?;gP i Y".' Bonded Thru Notary Public Underwriters FORM 12'-BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents,Please read carefully,sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. X 2. The Bid prices offered have been reviewed. X 3. The price extensions and totals have been checked. X 4. Bid Schedule has been completed and attached. X 5. Any required drawings,descriptive literature,etc.have been included.X 6. Any delivery information required is included. X 7. The following on-line standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form X b, Construction services agreement X c. Purchase order terms and conditions X 8. All of the following bid forms have been completed and signed: a. Bid Form(Form 1) X b. Contractors Key Personnel(Form 2)X c. Material Manufacturers(Form 3)X d. List of Major Subcontractors(Form 4)X e. Statement of Experience(Form 5) X f. Trench Safety Act(Form 6) X g. Bid Bond Form(Form 7)X h. Insurance and Bonding Requirements(Form 8)X i. Conflict of Interest Affidavit(Form 9)X j. Vendor Declaration Statement(Form 10) X k, Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal or you MAY be DEEMED NON-RESPONSIVE X 1. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and should be included with your submittal. All forms must be executed,or you MAY be DEEMED NON-RESPONSIVE.X 9. Copies of required information have been attached a. Business tax Receipt(Collier County Businesses Only)X b. Company's E-Verify profile page or memorandum of understanding X c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org)X d. Any required professional licenses—valid and current(myfloridalicense.com)X (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) 10. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. X 11. Any addenda have been signed and acknowledgement form attached and included,or you MAY be DEEMED NON-RESPONSIVE. X 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered.X • rt. • Company ID Number: 19959 Client Company ID Number: 833313 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(OHS), the Preferred Materials, Inc. (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent,the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.00v/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat.3009, as amended(8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. Page 1 of 25 E-Verlfy MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 C:4 C) i7 rillll, Company ID Number: 19959 Client Company ID Number: 833313 2. The Employer agrees to display the following notices supplied by DHS (though the Web Services E- Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 3. The Employer agrees to provide to the SSA and OHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 5. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept"List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist OHS with its review of photo mismatches that employees contest. OHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s)to complete the Form 1-9. 6. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 19959 Client Company ID Number: 833313 the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, bul continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 8. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired(after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify processns are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 9. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 10. The Employer must use E-Verify(through its Web Services E-Verify Employer Agent)for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.6 of this MOU. 11. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.Further,when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III,B below)to contact DHS with information necessary to resolve the challenge. 12. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. §274a.1(I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or OHS automated Page 3 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 • . .1 }"Cv 4 J Ji ` ., r , k • sr�lllrt Company ID Number: 19959 Client Company ID Number: 833313 verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 13. The Employer agrees to comply with Title VII of the Civil RightsAct of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employerfurther understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TOD). 14. The Employer agrees that it will use the information it receives from E-Verify(through its Web Services E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it(such as Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or OHS for legitimate purposes. 15. The Employer agrees to notify OHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data.All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(a,dhs.gov. Please use "Privacy Incident—Password"in the subject line of your email when sending a breach report to E-Verify. 16. The Employer acknowledges that the information it receives from SSA through its Web Services Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 S i77 1 • Company ID Number: 19959 Client Company ID Number: 833313 E-Verify Employer Agent is governed by the Privacy Act(5 U.S.C.§ 552a(i)(1) and(3))and the Social Security Act(42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 17. The Employer agrees to cooperate with OHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting OHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 19. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 20, The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU,the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement(ICA), submitted to E-Verify for testing, and approved for system access, 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 SLR. i LO diiln� Company ID Number: 19959 Client Company ID Number: 833313 coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4, The Web Services E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 5. The Web Services E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify,including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E-Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 " iif.. ^ ce 1 Company ID Number: 1gg59 Client Company ID Number: 833313 published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable,the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA,this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464- 4218 or via email at E-Verifydhs.qov. Please use"Privacy Incident—Password" in the subject line of your email when sending a breach report to E-Verify. 18. The Web Services E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9, employment records, and all records pertaining to the Web Services E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if OHS requests Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 ,1 Company ID Number: 19959 Client Company ID Number: 833313 information about the Web Services E-Verify Employer Agent's interface, including requests by OHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. b. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Nab Services E-Verify Employer Agent agrees to submit its training program materials to OHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services E-Verify Employer Agent shall not make anyfalse or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Web Services E-Verify Employer Agent shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your Web Services E-Verify Employer Agent services and any claim to that effect is false. 20. The Web Services E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of OHS, 21. The Web Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Web Services E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services E-Verify Employer Agent's Page B of 25 E-Verlfy MOU for Employers Using a Web Services E-Verify Employer Agent l Revision Date 06/01/13 S 1 611311 • t r *); b�Illll'rtF a.a Company ID Number: 19959 Client Company ID Number: 833313 responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract"(as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractorin the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract,within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award,the Employer must,within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following OHS procedures and begin Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verlfy Employer Agent I Revision Date 06/01/13 CAO c:;`c i , ..' Y1.10t r Company ID Number: 19959 Client Company ID Number: 833313 E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II,A.6, ii. The employee's work authorization has not expired,and iii. The Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article Il.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article ll.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after completing Form 1-9,the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer(through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent)through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). Page 10 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CAO 'a..: l I Sr: .t tom , �¢ i Yi Company ID Number: 19959 Client Company ID Number: 833313 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. OHS agrees to provide the Employer with selected data from OHS databases to enable the Employer(through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks(when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verify process. 3. OHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and OHS, including restrictions on the use of E-Verify. 4. OHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer(through the E=Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. OHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC), Civil Rights Division, U.S. Department of Justice. 6. OHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides(through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility,to enforce the INA and Federal criminal laws, and to administer Federal contracting Page 11 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 r V to rYl IIIa ;fs z5' Company ID Number: 19959 Client Company ID Number: 833313 0,„ requirements. 8. OHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees'employment eligibility within three Federal Government work days of the initial inquiry. 9. OHS agrees to provide a means of secondary verification (including updating DHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social security Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 f i ate. ',�u * •i.:� . Company ID Number: 19959 Client Company ID Number: 833313 Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to OHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS,the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter)within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 fJj ® s p• Company ID Number: 19959 Client Company ID Number: 833313 ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries, To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally- mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002, b. Office of Management and Budget(OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management,"April 2010. c. National Institute of Standards and Technology(NISI) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC)27002, Information Technology—Security Techniques—Code of Practice for Information Security Management. 2• The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement(ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in the ICA, including all functionality identified and 811 data elements detailed therein. 3. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4, The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date OHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed, 5. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 05/01/13 laSa cek� tia .. et r ;r nrrd Company ID Number: 19959 Client Company ID Number: 833313 development or software to accommodate and act in a timely fashion should an error code be returned. 6. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 7. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix Illj. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web Services E-Verify Employer Agent and its clients; 2, Develop policies and procedures that are based on risk assessments,cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks,facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 C.40 c ter • 1 + 1/ - L4 Ir • Company ID Number: 19959 Client Company ID Number: 833313 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information-sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. 12, Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security;this means using HTTP over SSL/TLS (also known as HTTPS)when accessing OHS information resources such as E-Verify[NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: ® Products using FIPS 197 Advanced Encryption Standard(AES) algorithms with at least 256- bit encryption that has been validated under FIPS 140-2. O NSA Type 2 or Type 1 encryption. 4. User ID Management(Set Standard):All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 s " i- sy1tt '�s}r�fo s�7a pf�t c ti. a. r i'i)' ,�� /illl@�i.. 1, FYI,. r�'A y;,i,',,. c•nis—sr Company ID Number: 19959 Client Company ID Number: 833313 the Form 1-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E-Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2, The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. Page 17 of 25 E-Verify MOU for Employers Using a Web Services E-Verlfy Employer Agent I Revision Date 06/01/13 • 1 . . , _ , .,, . ,.,. . , ,,: , ,,g , .,.,.hA # �4 '' L��S Company ID Number: 19959 Client Company ID Number: 833313 3. OHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures, 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and OHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days'written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. Page 18 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Cq0 tk „.+'' Nifilll Company ID Number: 19959 Client Company ID Number: 833313 3. A Web Services E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases,the Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E-Verify Employer Agent fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. C. The Web Services E-Verify Employer Agent may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim oraction against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d)of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements,and responses to inquiries under the Freedom of Information Act(FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the Web Services E-Verify Employer Agent and OHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to OHS may subject the Web Services E-Verify Employer Agent, as the case may be, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 o. MN " y 1 r9 > � r4� ti,/,' iliv- Company ID Number: 19959 Client Company ID Number: 833313 G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Preferred Materials, Inc. (Employer) hereby designates and appoints TALX Corporation (E-Verify Employer Agent) including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out(Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. If you have any questions, contact E-Verify at 1-888-464-4218. Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 ►Illlllt Company ID Number: 19959 Client Company ID Number: 833313 Approved by: Employer Preferred Materials, Inc. Name (Please Type or Print) Title •i�dd A _ 1 Iev✓€ VP, H►Z Signature Date II/ 71 rift'Employer n TALX Corpora on Name(Please Type or Print) Ttle Leland Friar Signature Date Electronically Signed 12/01/2014 Department of Homeland Security—Verification Division Name(Please Type or Print) Title Signature Date Page 21 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 k mad t;r i"" 7 CI I x Company ID Number: 19959 Client Company ID Number: 833313 Information Required for the E-Verify Program Information relating to your Company: Preferred Materials, Inc. Company Name 4636 Scarborough Drive Lutz, FL 33559 Company Facility Address Company Alternate Address County or Parish HILLSBOROUGH Employer Identification Number 581401468 • North American Industry 237 Classification Systems Code Parent Company Number of Employees 500 to 999 Number of Sites Verified for 5 Page 22 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 CA0 •av' SS ie T sr� a • ,r.? 4sc III : Company ID Number: 19959 Client Company ID Number: 833313 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) ALABAMA 1 site(s) SOUTH CAROLINA 1 site(s) GEORGIA 1 site(s) MISSISSIPPI 1 site(s) Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 • Company ID Number: 19959 Client Company ID Number: 833313 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Christini Bradley Phone Number (904)288-6300 Fax Number (386)236-3713 Email Address cbradley@oldcastlematerials.corn • • Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent i Revision Date 06/01/13 y ® �ti :y �srce Company ID Number: 19959 Client Company ID Number: 833313 Page intentionally left blank Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent Revision Date 06/01/13 Detail by Entity Name Page 1 of 7 Florida Gapartrnerrt of State Urva;crt c+'C'rz orari;mie f)3r/.t�.tr/A r'if •rg (r c1 �� �rri r /itr;tsi fruu�Sj/Iu telfl,vt4;ftt% (Rcp3.jrr..,nt of St:;te / 7 r of Corporations / Sean-;-.Records / Seaich byErtity.N3r e/ Detail by Entity Name Foreign Profit Corporation PREFERRED MATERIALS, INC. Filing Information Document Number P25884 FEI/EIN Number 58-1401468 Date Filed 09/01/1989 State GA Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 02/03/2014 Event Effective Date NONE Principal Address 4636 Scarborough Drive Lutz, FL 33559 Changed: 04/17/2019 Mailing Address 4636 Scarborough Drive Lutz, FL 33559 Changed:04/17/2019 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed:02/01/2013 Address Changed:02/01/2013 Officer/Director Detail Name&Address Title President,CEO,Director Duke,Robert F. 4636 Scarborough Drive Lutz,FL 33559 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 10/1/2020 Detail by Entity Name Page 2 of 7 Title Secretary,Treasurer Rothering,John 900 Ashwood Pkwy Suite 600 Atlanta,GA 30338 Title Assistant Secretary Hickman, Gary P. 900 Ashwood Parkway Suite 600 Atlanta,GA 30338 Title Director Keating,John J. 14 Monument Square Suite 302 Leominster, MA 01453 Title VP,Asst. Secretary Fales, Darryl W. 4636 Scarborough Drive Lutz,FL 33559 Title VP,Asst. Secretary Wear,Nicholas B. 4636 Scarborough Drive Lutz,FL 33559 Title VP,Asst. Secretary Yelvington,Gary 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst.Secretary Hooper,John R. 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst.Secretary Taylor,John W. 4636 Scarborough Drive Lutz,FL 33559 Title VP,Asst. Secretary http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 10/I/2020 Detail by Entity Name Page 3 of 7 Laing, Kenneth C. 4636 Scarborough Drive Lutz,FL 33559 Title VP,Asst.Secretary Marine, Mark S. 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst.Secretary Royal, Robert B. 4636 Scarborough Drive Lutz, FL 33559 Title Admin Vice President,Asst. Secretary Miller,William B. 900 Ashwood Parkway Suite 600 Atlanta,GA 30338 Title Asst.Secretary Lewis,David C. 900 Ashwood Pkwy Suite 600 Atlanta,GA 30338 Title Asst.Secretary Perez de Longstreet, Marizabed R. 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary Turner,Ashley 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary Toolan, David M. 900 Ashwood Parkway Suite 600 Atlanta,GA 30338 Title Asst.Secretary Albright,Tamara A. CA0 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inquirytype=Entity... 10/1/2020 Detail by Entity Name Page 4 of 7 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary Jarvis, Rick E. 4636 Scarborough Drive Lutz,FL 33559 Title Asst. Secretary Deaton, Michael F. 900 Ashwood Pkwy Suite 600 Atlanta,GA 30338 Title Asst.Secretary Kitzis,Cheryl J. 4636 Scarborough Drive Lutz,FL 33559 Title Asst. Secretary Rocek, Sylvia 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary,Asst.Treasurer Casimir, Bethany 4636 Scarborough Drive Lutz,FL 33559 Title Asst. Secretary,Asst.Treasurer Kinney,Tracy 4636 Scarborough Drive Lutz,FL 33559 Title Asst.Secretary,Asst.Treasurer Sutton,Carmen 4636 Scarborough Drive Lutz,FL 33559 Title Asst.Secretary,Asst.Treasurer Stafford, Elizabeth 4636 Scarborough Drive Lutz,FL 33559 Title Asst.Secretary,Asst.Treasurer Cq 0 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inquirytype=Entity... 10/1/2020 Detail by Entity Name Page 5 of 7 Wright,Sara W. 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary,Asst.Treasurer Espinal,Angelica 4636 Scarborough Drive Lutz,FL 33559 Title VP,Asst. Secretary Raitt,Travis 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst.Secretary Apple,Joseph 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary Hess, Carmen 4636 Scarborough Drive Lutz,FL 33559 Title Asst. Secretary Risoen,John 4636 Scarborough Drive Lutz,FL 33559 Title Asst.Secretary Wilson, Steven 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst. Secretary Morton, Brian 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst.Secretary lapaluccio, Michael 4636 Scarborough Drive Lutz, FL 33559 1D) http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 10/1/2020 Detail by Entity Name Page 6 of 7 Title VP,Asst.Secretary Spillman, Robert 4636 Scarborough Drive Lutz,FL 33559 Title Asst.Secretary Rios, Debbie 4636 Scarborough Drive Lutz, FL 33559 Title VP,Asst. Secretary Alomia, Lothar 4636 Scarborough Drive Lutz, FL 33559 Title Asst. Secretary,Asst.Treasurer Moore,Vashti 4636 Scarborough Drive Lutz, FL 33559 Title Asst.Secretary Jones,William P. 900 Ashwood Pkwy Suite 600 Atlanta,GA 30338 Title VP,Assistant Secretary Alvarez, Miguel 4636 Scarborough Drive Lutz, FL 33559 Annual Reports Report Year Filed Date 2018 04/18/2018 2019 04/17/2019 2020 05/01/2020 Document Images 05/01/2020--ANNUAL.REPORT View image in PDF format 04117/2019--ANNUAL REPORT View image in PDF format 1 0123/201 8--AMENDED ANNUAL REPORT View image in PDF format 09/06/2018--AMENDED ANNUAL REPORT View image in PDF format 0510712018--AMENDED ANNUAL REPORT View image in PDF format 04/18/2018—ANNUAL REPORT View image in PDF format CA 0 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 10/1/2020 Detail by Entity Name Page 7 of 7 07/31/201 7--AMENDED ANNUAL REPORT View image in PDF format 04/18/2017--ANNUAL REPORT View image in PDF format 01/29/2015--ANNUAL REPORT View image in POE format 04/23/2015--ANNUAL REPORT View image in PDF format 10/28/2014-_AMENDED ANNUAL REPORT View image in PDF format 04/22/2014--ANNUAL REPORT View image in PDF format 02/03/2014--Name Change View image in PDF format 12/Q5/2013--Name Change View image in PDF format 11/19/2013--Name Change View image in PDF format 04/23/2013--ANNUAL REPORT View'image in PDF format 03/07/2012—ANNUAL REPORT View image in POE format 02/11/2012—ANNUAL REPORT View image in PDF format 01/23/2012—ANNUAL REPORT View image in PDF format 06/21/2011—ANNUAL REPORT View image in PDF format 06/07/2011--ANNUAL.REPORT View image in PDF format 04111/2011—ANNUAL REPORT View image in PDF format. 01106/2011--Name Chance View image in PDF format 12/21/2010—Merger View image in PDF format 02/18/2010—ANNUAL REPORT View image in PDF format 05/29/2009--ANNUAL REPORT View image in PDF format 03/23/2009—ANNUAI..REPORT View image in PDF format 09/03/2008--ANNUAL REPORT View image in PDF format 04/18/2008--ANNUAL REPORT View image in PDF format 03/26/2007—ANNUAL REPORT View':wage in PDF format 09/14/2006--Reg.Agent Chance View image in PDF format 09/14/2006—Reg.Agent Change View image in PDF format 01/03/2006--ANNUAL REPORT View image in PDF format 11/30/2005--Reg.Agent Change View image in PDF format 05/05/2005--Reg.Agent Change View image in PDF format 01110/2005--ANNUAL REPORT View image in PDF format 01/2112004--ANN:UAL.REPORT View image in PDF format 09/30/2003—ANNUAL REPORT View image in PDF format 08/11/2003—ANNUAL REPORT View image in PDF format 04/03/2003—Name Change View:wage in PDF format 03/05/2003—ANNUAL.REPORT View image in PDF format 03/05/2002--ANNUAI..REPORT View image in PDF format 03/01/2001--ANNUAL REPORT View image in PDF format �1/2fil1CGG..--ANNUAL_REP(?RT View image in PDF format 03/03/1999--ANNUAL REPORT View image in PDF format 02/16/1998—ANNUAL REPORT View image in PDF format 02/03/1997--ANNUAL REPORT View image in PDF format 02/09/1996--ANNUAL REPORT View image in PDF format 04118/1995--ANNUAL REPORT View image in PDF format Honda L nartmen!of state.t,,inx:or Coopo:atiooc A http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 10/1/2020 • State of Florida Department of State I certify from the records of this office that PREFERRED MATERIALS, INC. is a Georgia corporation authorized to transact business in the State of Florida, qualified on September 1, 1989. The document number of this corporation is P25884. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on April 17, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under no,hand and the Great Seal of the State of Florida at Tallahassee,the Capital, this the Twenty-fifth day of July,2019 • ,;•:9‘;._ r- *frit0W •l'po Secretary of State Tracking Number: 6297758624CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/F ilings/Certificate0lStatus/CertificateAuthentication 05/10/2010 15:48 8509223969 ATTY GENERALS OFG PAGE 02 • STATE OF Fit ORWA Brea. MCCOLLU.,; ATTORNIRy GlaNgRAL May 10,2010 10.17 Mr. Terrell K.Mine Office of County Attorney 640 West 11 t?' Street Panama City, Florida 32401 Dear Mr.Arline: As County Attorney for Say County, Florida,you have asked for my opinion on substantially the following question: Can a county require contractors qualified by the Florida Department of Transportation pursuant to section 337.14,Florida Statutes,to possess • additional contracting licensee(such as Chapter 469 licenses)as a condition to qualifying to contract for local government entity bridge,road, street, highway,or railroad construction projects? in sum: Bay County may require persons seeking to bid on county bridge,road, street,highway,or railroad projects at a cost in excess of$260,000 to be qualified to perform such work. A prequellfled contractor considered eligible by the Florida Department of Transportation to bid to perform the type of work described in the contract la presumptively qualified. The county is required to establish prequalificatfon criteria end procedures for contractors who are not prequalitled by the DepartmentetTransportation and the county is not precluded from requiring additional(contracting licenses for projects on which those qualifications are relevant to performance,but such a requireatent may not be imposed on Florida Department of Transportation prequdlitied transportation contractors. Pursuant to the Florida Constitution, noncharter counties such as Say County have such powers of self-government as ere provided by general or special laws in this regard,the Legislature has granted noncharter counties broad powers to carry on county government. Section 126.01(1), Florida Statutes, provide that"(t]he legislative 05/10/2010 15:48 8509223969 ATTY GENERAL.SOFC PAGE 03 Mr. Terrell K.Arline Page Two and governing body of a county shall have the power to carryon county government [and toj the extent not inconsistent with general or special law to exercise the general powers enumerated therein. Section 1(f),Article ViII, Florida Constitution,provides that the governing bodies of non-charter counties may enact ordinances not inconsistent with general or special law. Thus, non-charter counties, pursuant to section 125.01(1), Florida Statutes, may exercise the general powers enumerated therein, Those powers that may be exercised by county governments, however, are ultimately derived from the state and the Jurisdiction of every county may be qualified by Isw.2 Section 125.01(1), Florida Statutes, provides that a non-charter county"shall have the power to carry on county government." To the extent there is no conflict with general or special law, this grant includes the power to: (h) Establish,coordinate,and enforce zoning and such business regulations as are necessary for the protection of the public. (i) Adopt, by reference or in full,and enforce housing and related technical codes and regulations 3 Thus,non-charter counties,such as Bay County, have been authorized to enact busineee regulations that may be necessary for the protection of the public. Regulations applying to the construction industry have been declared to be advantageous to the public health, safety end welfare by the Florida Legislature.4 • Section 255.20,Florida Statutes,describes the process for bids and contracts for public construction works undertaken by local governmental entitles,including counties. The statute authorizes a local governmental entity to adopt criteria end procedures for certain transportation contractors to bid on local construction projects: (a) Notwithstanding any other law,a governmental entity seeking to construct or Improve bridges, roads,streets,highways,or railroads, and services incidental thereto,at a cost in excess of$250,000 may require that persons Interested in performing work under contract first be certtffed or qualified to perform such work. A contractor may be considered ineligible to bid if the contractor is behind by 10 percent or more on completing an approved progress schedule for the governmental entity et the time of advertising the work. A prequalified contractor considered eligible by the Department of Transportation to bid to Worm the type of work described under the contract is presumed to be qualified to perform the work described.The governmental entity may provide en appeal process to overcome that presumption with de novo review based on the record below to the circuit court. '�'A O 05/10/2010 15:48 0509223969 ATTY GENERALSOFC PAGE 04 Mr. Terrell K.Arline Page Three (b) For contractors who are riot prequalified by the Department of Transportation,the governmental entity shall publish prequaliflcation criteria and procedures prior to advertisement or notice of solicitation, Such publications must include notice of a public headhg for comment on such criteria and procedures prior to adoption. The pr000dures must provide for an appeal process within the authority for making objections to the prequaliflcation process with de novo review based on The record below to the circuit court within 30 days.° Thus, a county may develop its own prequalifiication criteria and procedures for local bide end contracts for public construction works for bridges,roads,streets,highways,or railroads which will cost in excess of S260,000. Prequaiification by the Florida Department of Transportation(DOT)under Chapter 337, Florida Statutes,will present a presumption that the bidder on any such projects is qualified to do the work,but the county may appeal that presumption. The statute authorizes a local governmental entity to adopt its own criteria and procedures for prequal)rlccatlon of those contractors who are not prequalifled by DOT and does riot preclude a requirement for additional contracting license requirements for those contractors. In fact,section 255.20(1)(b),Florida Statutes,epeoifi:liy recognizes that a governmental entity must publish prequailtieation criterie end procedures for contractors who are not prequalitir$d by DOT prior to advertisement or notice of solicitation so that those contractors who have not qualified with the department may bidon county projects. An appeals procedure must also exist for objections to the local prequa7iflcation process.° However,those contractors who have been successfully prequaliliied by DOT pursuant to section 337.14, Florida Statutes, have been granted a legislative presumption that they are qualified to rfgrm work on county projects. While an appeals,process Is contemplated by the statute to overcome the presumption,any atterript to impose additional requirements for contracting licenses under Part I,Chapter 489, Florida Statutes, on these contractors would conflict with provisions of general law? The Legislature,through the adoption of Part I,Chapter469, Florida Statutes, has enacted regulations applying to the construction industry"it the interest of the public health,safety,and weffare[.j%e A cont• :ctorsubject to Part I,Chapter 489,Florida Statutes, is a person who for compensation, undertakes to,submits a bid to, or does himself or herself or by others construct, repair,alter, remodel, add to, demolish, 05/20/2010 15:48 8509223989 ATTY GENERALSOFG PAGE 05 Mr. Terrell K.Arline Page Four subtract from,or improve any building or structure, including related improvements to real estatel.]a Part I, Chapter 489, Florida Statutes,was adopted to regulate designated trades in the construction Industry: nprime contractors designated as general,building,and residential;and subcontractors providing services in the sheet metal,roofing,air conditioning, mechanical, and swimming pool trades.'" Theist of designated trades falling within the scope of the term"contractor"and subject to regulation under Part I, Chapter 489, Florida Statutes, has been expanded over the years,but all of the contractora•felling within the scope of this part are involved pfirnarily with residential or commercial building construction." Section 489,113(2), Florida Statutes,states that°enjo person who is not certified or registered shall engage in the business ofcontracting in this state." However,the statutes recognize a number of exemptions from this mandatory language Including exemptions for authorized employees of the United States,ore municipality or county, and an exemption for an owner of property when acting as their own contractor." Section 489,103, Florida Statutes,codifies specific exemptions and states that Part I, Chapter 489, Florida Statutes,does not apply to,among others: • Contractors in work on bridges,roads,streets, highways,or railroads,and services incidental thereto. The board,In agreement with the Department • of Transportation,shall, by rule,define"services incidental thereto"for the purposes of this subsection only. Thus,those persons performing the work described in section489,103(1),Florida Statutes,are not required to be either certified or registered by the Florida Department of Business and Professional Regulation under Part I,Chapter489, Florida Statutes to perform this work. They are not involved In•trades that are subject to the certification or registration provisions under Part I, Chapter 480, Florida Statutes,and there is no procedure in place for these Individuals to secure certification or registration for performing the designated trade as described therein. While section 489.103(1), Florida Statutes, exempts contractors who work on bridges, roads,streets,highways,or railroads from the iicensure provisions of Part I, Chapter 489, Florida Statutes,these contractors are subject to the prequatification procedures administered by DOT. As is mentioned in the discussion above,contractors who have been prequalified by DOT to perform the work described are presumed to be qualified for county transportation construction projects. CA0 05/10/2010 15:48 8509223969 ATTY GENERArSOFC PAGE 06 Mr. Terrell K,,urine Page Five Section 337.14, Florida Statutes,requires DOT to adopt regulations for the qualification of competent and responsible bidders. If an applicant for qualification is found to possess the qualifications prescribed by law,then aceriificate of qualification is issued. Such certificate shall authorize the holder to bid or all work on which bids are taken by the department for which the certificate indicates hear she is qualified. In addition,the department has promulgated administrative rules outlining the general procedural requirements for applicants to be certified by the apartment as qualified to bid on these contracts.14 The application submitted to the department requests Information on the applicant, the applicant's stakeholder,the applicant's affiliates,and wit(include the applicant firm's background, current and historical contract detail, construction experience,and expertise,financial information end requested classes of work,16 Audited financial statements are also required to be elmitted.16 A list of equipment owned by the applicant that will be utilized in performing the requested classes of work must be included with the application with Its took or salvage value, make,model, and description ehown.l'Applicants are rated based upon their organization and management; equipment; integrity;and financial resources.18 • • Those provisions authorize the department to create a roster of contractors who have the experience,equipment,and financial resources to prim the classes of work for Which that applicant seeks to be qualified. However, nothing in Chapter 337,Florida Statutes,relates to the registration or certification of contractors or requires that these contractors be tested. Rather,the statute appears to facilitate development of a list for use by.DOT of certain construction contactors who have the nscessery experience; equipment and financial resources to undertake large construction projects which the • department may lot for bid. DOT is authorized to prequalify contractors desiring to bid for the performance of certain construction contracts which the department proposes la let,and this qualification establishes the presumption that a contractor bidding on county contracts Is qualified to perform this work, Any attempt by a county to Impose additional licensing requirements,such as those set forth in Part I,Chapter 489,Florida Statutes,on transportation contractors prequalified by DOT would appear to conflict with provisions of general law. However, nothing in Chapter 337, Florida Statutes,precludes a county from adopting lieensure or examination requirements or other requirements relating to the qualifications of contractors bidding on county projects or enforcing those that the county may currently have in effect when those contractors have not been prequalifed by the department. Therefore, it is my opinion that Bay County may require persons seeking to bid on county bridge, road,street, highway,or railroad projects at a cost in excess of S280,000 to be qualified to perform such work. A prequalified contractor considered 85/10/2010 15:48 8509223969 ATTY GENERALS OFC PAGE 07 • Mr. Terrell K.Arline Page Siff eligible by the Florida Department of Transportation to bfd topsrform the type of work described In the contract is presumptively qualified.The county Is required to establish prequalification criteria and procedures for contractors who are not prequalifiad by the Department of Transportation and the county Is not precluded from requiring additional contracting licenses for projects on which those qualifications ere relevant to performance but such a requirement may not be imposed ontrransportetion contractors prpqualifred by the Florida Department of Transportation. • Sincerely, • • fll McCbJiuro Attorney General BM/tgh • ' See a. 1(f),Art. VIII,Fla. Const. 2 see Cross Key Waterways v Askew, 351 So.2d 1062(Fla,tl st DOA 1977),affirmed, 372 So.2d 913(Fla. 1978), 3 Section 125.01(1)(h)and(I),Fla. Stat. Soo s.489,101, Fla.Stat. e Section 255.20(1), Fla.Stet, 6 And see a.255.20(1)(a), Fla.Stat.,providing an appeals process for overcoming the prequaliflcatlon eligibility presumption when a contractor has been prequalified by DOT. See Art,VIII,a. 1(f), Fla. Conat., authorizing non-charter county governments to enact county ordinances"not inconsistent with general or special law,"end a. 125,01(1)(h), Fla.Stat.,providing that non-charter county governments may act to the extent there is no conflict with general or special law;Spear v. Olson,367 So.2d 207,211 (Fla. 1979). 8 See a.409.101, Fla.Stat. g See s.489.105(3), Fla. Stat.,defining the term"(cjontrector." �A(l 05/10/2010 15:48 8509223969 ATTY GENERALS0FC PAGE 08 Mr, Terrell K.Arline Page Seven 1° See Senate Staff Analysis end Economic Impact Statement,CSISB 302, (subsequently designated Ch. 79.200,Laws of Fla.), 1970 Session of the Florida Legislature. 11 Part I,Ch. 489, Fla. Stat., now provides for regulation of such other designated trades in the construction industry as pollutant storage systems contractors and solar contractors. 12 And seer.489.115(1), Fla. Stat. 13 See, e.g., a.480.103(3)end(7), Fla. Stat., and a.489.113(2),Fla, Stat.,recognizing that a person who is not certified or registered may perform coistruotion work under the supervision of a parson who is certified or registered,providedthat the work is within the scope of the supervisor's license and provided that the person being supervised Is not engaged in Construction work which would require a licenses es otherwise provided. 14 See Rule 14.22, Fla.Admin. Code. • 15 Rule 14.22.Q02(1)(a),Fla.Admin. Cods. 1e id. f7 Rule 14-22.002(3), Fla.Amin. Code. 18 Rule 14-22.003, Fla.Admin. Code, 05/10/2010 15:48 8569223969 RTTY GENERALS CFC PAGE 09 Mr. Terrell K.Mine Page Eight RE: COUNTIES,CONTRACTORS TRANSPORTATION—ROADS AND BRIDGES—RAILROADS—authority of noncharier county to impose Iioensing requirements on transportation construction contractors. $8. 125.01, 337.14, and 489.103, FIR, Stat, FD Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY May 22, 2020 PREFERRED MATERIALS INC. 11482 COLUMBIA PARK DR W JACKSONVILLE, FLORIDA 32258 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 4/30/2021. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, ROADWAY SIGNING, SIDEWALK, MILLING, REHABILITATION OF CONCRETE PAVEMENT, CONCRETE SLAB REPLACEMENT,CURB AND GUTTER, DRIVEWAYS, REINFORECED EARTH WALLS, SLIP FORM BARRIER WALL, TRAFFIC SEPARATORS, ATTENUATORS, UNDERGROUND UTILITIES (WATER & SEWER), FORCE MAIN, LIFT STATION, LEACHATE AND GAS PIPING. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, 4Gif. frp 17. Alan Autry, Manager Contracts Administration Office AA:cg www.fdot.gov F®OT Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAULT,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY May 22, 2020 PREFERRED MATERIALS INC. 11482 COLUMBIA PARK DR W JACKSONVILLE, FLORIDA 32258 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 4/30/2021. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.£l.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, ROADWAY SIGNING, SIDEWALK, MILLING, REHABILITATION OF CONCRETE PAVEMENT, CONCRETE SLAB REPLACEMENT,CURB AND GUTTER, DRIVEWAYS, REINFORECED EARTH WALLS, SLIP FORM BARRIER WALL, TRAFFIC SEPARATORS, ATTENUATORS, UNDERGROUND UTILITIES (WATER & SEWER), FORCE MAIN, LIFT STATION, LEACHATE AND GAS PIPING. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, 4 Alan Autry, Manager Contracts Administration Office AA:cg www.fdot.gov -ffl sborough g_010y' County Florida • EST:2074 S11 BUILDING SERVICES DIVISION CERTIFICATE OF COMPETENCY PAVING CONTRACTOR SP14344 08/31/2021 Certificate Number License Expiration Date Issued to: SPILLMAN ROBERT DBA: PREFERRED MATERIALS INC Workers'Comp: 09/01/2019 Issuing Officer CUT ALONG OUTER DOTTED LINES,FOLD ALONG THE MIDDLE DOTTED LINE, PLACE IN WALLET SIGN YOUR CARD This card is non-transferable and is revocable for cause The contractor listed hereon will be held responsible for all permits issued under this card. If this card is lost or stolen, notify the Hillsborough Co. Contractor Licensing Team immediately at (813) 272-5600, option 4, option 1. Your must— PP en ed prior to the expiration date shown o e r �Signatur not lid unless signed CERTIFICATE OF COMPETENCY HILLSBOROUGH COUNTY, FLORIDA Type:PAVING CONTRACTOR NO PERMIT UNTIL STATE REGISTERED, IF APPLICABLE SP14344 08/31/2021 Certificate No. Expiration Date Issued To: SPILLMAN ROBERT DBA:PREFERRED MATERIALS INC Workers'Comp: 09/01/2019 I Cl I Issuing Officer DocuSlgn Envelope ID:9C8A8083-1798-4389-9AC4-923D60A26B43 ACTION BY WRITTEN CONSENT IN LIEU OF AN ANNUAL MEETING OF THE BOARD OF DIRECTORS OF PREFERRED MATERIALS,INC. The undersigned, being all of the members of the Board of Directors of Preferred Materials,Inc.,a Georgia corporation (the"Corporation"), do hereby,pursuant to applicable Georgia statute,give this written consent(a)to the dispensation of an annual meeting of the Board of Directors of the Corporation and(b)to the taking of the following actions,such actions to have the same force and effect had a meeting been duly called and held: I. ELECTION OF OFFICERS RESOLVED,that effective September 1,2019 all previous elections of officers are terminated,and the following persons be,and hereby are, elected to serve as officers of the Corporation(each individually, an "Officer" and collectively,the"Officers")in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: Robert F.Duke President/Chief Executive Officer John Rothering Secretary&Treasurer Brian Morton Vice President&Assistant Secretary Darryl W.Fales Vice President&Assistant Secretary Gary Yelvington Vice President&Assistant Secretary John R.Hooper Vice President&Assistant Secretary John W.Taylor Vice President&Assistant Secretary Joseph Apple Vice President&Assistant Secretary Kenneth C.Laing Vice President&Assistant Secretary Lothar Alomia Vice President&Assistant Secretary Mark S.Marine Vice President&Assistant Secretary Michael Iapaluccio Vice President&Assistant Secretary Nicholas B.Wear Vice President&Assistant Secretary Robert B.Royal Vice President&Assistant Secretary Robert Spillman Vice President&Assistant Secretary Travis Raitt Vice President&Assistant Secretary Miguel Alvarez Vice President&Assistant Secretary William B.Miller Admin.Vice President and Assistant Secretary FURTHER RESOLVED,that the Officers be,and each of them hereby is,authorized to execute and deliver agreements,contracts,documents,certificates,and other instruments,under the seal of the Corporation if required, for the purpose of conducting the Corporation's business, including without limitation,selling products and securing construction work,and to take such other action,as they may deem necessary, advisable,convenient,or appropriate to carry out and fully perform duties incident to the office or offices so appointed,and such other duties as may be prescribed by the Board of Directors from time to time; DocuSlgn Envelope ID:9C8A8083-179B-4389-9AC4-923D60A26B43 FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents,tax returns, affidavits, and other instruments as may be necessary from time to time: Angelica Espinal Assistant Secretary&Assistant Treasurer Bethany Casimir Assistant Secretary&Assistant Treasurer Carmen Sutton Assistant Secretary&Assistant Treasurer Elizabeth Stafford Assistant Secretary&Assistant Treasurer Sara W.Wright Assistant Secretary&Assistant Treasurer Tracy Kinney Assistant Secretary&Assistant Treasurer Vashti Moore Assistant Secretary&Assistant Treasurer Ashley Turner Assistant Secretary Carmen Hess Assistant Secretary Cheryl Kitzis Assistant Secretary David C.Lewis Assistant Secretary David M.Toolan Assistant Secretary Debbie Rios Assistant Secretary Gary P.Hickman Assistant Secretary John Risoen Assistant Secretary Marizabed R.Perez de Longstreet Assistant Secretary Michael F.Deaton Assistant Secretary Rick Jarvis Assistant Secretary Steven Wilson Assistant Secretary Sylvia Rocek Assistant Secretary Tamara A.Albright Assistant Secretary Wesley Murray Assistant Secretary William P.Jones Assistant Secretary H. APPOINTMENT OF AUTHORIZED EMPLOYEES RESOLVED, that effective September 1, 2019 all previous appointments of authorized employees are terminated, and that the following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation, which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation, selling products and securing construction work: Bobbie Reilly Carl J.Thompson Kevin Williams Daniel Alten Lawrence Trace Martell David Cerniglia Logan Miller DocuSlgn Envelope ID:9C8A8083-1796-4389-9AC4-923D6oA26B43 G.Michael Johnson Lonnie Schaub Jacob Unger Michael Vickrey Jeffrey R.Andrews Patrick Read Jennifer K. Edwards Rick Shuman Jeremy Minnillo Roberto Perera,Jr. Jerry Fletcher Shane Taylor John Rauschenbach Sylvia Battiato Joe Liakos Ted Kaler Joseph F.Donaruma Tony DiPietro Kenneth Dalton W. Charles Molloy FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, appoint other persons to serve as authorized employees, or remove any individuals from this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out and fully perform the duties incident to the office of President. ill. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time-to-time be deemed necessary or appropriate: Conrad Yelvington Distributors Prestige Gunite FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, authorize the use of additional trade names, and to deem unauthorized any trade name previously authorized, as he may deem necessary, advisable, convenient or appropriate. IV. MISCELLANEOUS RESOLVED,that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be,and each of them hereby is,adopted, ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; FURTHER RESOLVED,that each undersigned agrees that electronic signatures, whether digital or encrypted,of the Board of Directors are intended to authenticate this consent and to have the same force and effect as manual signatures. As used in the previous sentence, the term"electronic signatures"means any electronic sound,symbol or process attached to or logically associated with this consent and executed and adopted by a member of the Board of DocuSign Envelope ID:9C8A8083-179B-4389-9AC4-923060A26843 Directors with the intent to sign such consent,including, but not limited to, e-mail electronic signatures executed through DocuSign Services;and FURTFIER RESOLVED,that this Consent,following execution by all of the members of the Board of Directors,be filed in appropriate order in the minute book of the Corporation. DocuS gned by: DoeuSigned by: CCF20 ODC31F40D... �q q Rob Duke Jo n BKeating 9/12/2019 9/15/2019 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Jeff Wilson Construction Superintendent Jason Bates Project Manager 10 ,CAO Construction Services Agreement:Revised 092520(v7) Tina Davis,AFSB,CIC Sr.Vice President ell MARSH Marsh USA Inc. 15 West South Temple,Suite 700 Salt Lake City,UT 84101 801 533-3624 Fax 801 533-3610 Tina.Davis@marsh.com www.marsh.com October 14, 2020 Collier County Government Purchasing Department 3327 Tamiami Trail E Naples, FL 34112 Subject: PREFERRED MATERIALS, INC.— BOND NO. K40226291 TO WHOM IT MAY CONCERN: We hereby give our authorization to add the contract date to the above referenced Performance and Payment bonds for Collier County Government Purchasing Department— Immokalee Re- gional Airport Runway 18/36 Project Solicitation No. 20-7784. Sincerely, Tina 15avis, AFSB, CIC Attorney-In-Fact for fe surance Company ,,,,:. , 7Z y •- A t\N ii MARSH&MCLENNAN .0_ ?ICr DSFt E ' r «I( r _LI:=R_:, COM'PAi E:; EXHIBIT B-1: PUBLIC PAYMENT BOND 20-7784 Bond No. K40226291 Contract No. 20-7784 KNOW ALL MEN BY THESE PRESENTS: That Preferred Materials, Inc. , as Principal, and Federal Insurance Company , as Surety, located at 202E Halls Mill Road,Whitehouse Station, NJ 08889 (Business AddressF) are held and firmly bound to Collier County Government as Obligee in the ve Million Eight Hundred Eig ty Seven Thousand One Hundred ($ 5,887,182.54 )for the sum of Eiqhtv Two and 54/100 Dollars payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,) `day of Em ' 20 •t._ , with Obligee for So citation Nog 0 77A4Port Runway 18/36 Project in Collier County, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 14th day of October 20 20 , 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 092520(v7) Signed, sealed and delivered in the presence of: PRINCIPAL \- Preferred Materials, Inc. Mary Garcia 41,Y1 Susan Hibbard BY: Jacob e_r Witnesses as to Principal NAME. ITS: Authorized Employee STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me by means of ] physical presence or El online notarization, this 16th day of October , 20 90 , by Jacob Unger ,as Authorized Employee of Pref r ed I1ateriR1s, Tnr , a C,Porgia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A — as identification and did (did not) take an oath.My Commission Expires:12/21/2023 ., - / /6 -/ 4'� `/k (Signature of Notary Public) SARY.? SUSAN J.HIBBARD Susan J. Hibbard ; r! ;• MY COMMISSION#GG906027 NAME: f' `��•.;�, EXPIRES:December 21,2023 ,,r;;. Bonded Thru Notary Public Underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: OG906027 ATTEST: SURETY: Federal Insurance Company (Printed Name) 202E Halls Mill Road Whitehouse Station. NJ 08889 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement:Revised 092520(v7) • OR N'. �� _ Cam_ _� J et Crump As Attorney i Fact �� (Attach Power of Attorney) __ / 1_ Tina Davis,Attorney-in-Fact Witnesses 1 Linda Lee Nipper (Printed Name) :: #5164"C%, 4 f 4,, ) .., . ,,,,.. ..,,. • 15 W. South Temple, Suite 700 ND 04 Salt Lake City, UT 84101 (Business Address) 801-533-3624 (Telephone Number) STATE OF UTAH COUNTY OF SALT LAKE The foregoing instrument was acknowledged before me by means of l211 physical presence or ❑ online notarization, this 14th day of October 2020 , by Tina Davis ,as Attorney-in-Fact of Federal Insurance Company a Indiana corporation, on behalf of the corporation. He/she is personally known to me OR has produced Driver's License as identification and did (did not) take an oath. My Commission Expires: March 13, 2023 ri/1�A. ..4_±.../_ 0 (SignaC t'1• Public) Name: Lisa Hall (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Utah Commission No.: 704231 F i" USA HALL 9i;y Nntary Pubfic ar r�' tV ,. �` _fie Stale of Utah a f•1y Conmissior Expires March 13.2023 Commission Number 704231 13 Construction Services Agreement:Revised 092520(v7) EXHIBIT B-2: PUBLIC PERFORMANCE BOND 20-7784 Bond No. K40226291 Contract No. 20-7784 KNOW ALL MEN BY THESE PRESENTS: That Preferred Materials, Inc. , as Principal, and Federal Insurance Company as Surety, located at 202E Halls Mill Road, Whitehouse Station,NJ 08889 (Business Address) are held and firmly bound to Collier County Government , as Obligee in the sum of Five Million Eight Hundred Eighty Seven Thousand One Hundred Eighty Two and 54/100 Dollars ($5,887,182.54 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of �i. Y 20 , with Obligee for lmmokale&Regional Airport Runway 18/36 Project Solicitation No.20-7784 in Collier County,FL In accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses,damages, costs and attorneys'fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void;otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 14th day of October , 2020 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement:Revised 092520(v7) Signed, sealed and delivered in the presence of: PRINCIPAL Preferred Materi , Inc. N�y Cfcia , l ( l/ f / ...,; % BY: Witnesses as to Principal Susan Hibbard NAME: Jacob Unger ITS: Authorized Employee STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 16th day of October 20 20 by Jacob Unger ,as Authorized Employee of Preferred Materials. Inc. , a Georgia corporation, on behalf of the corporation. He/she is personally known to me OR has produced IVA as identification and did (did not) take an oath. My Commission Expires: 12/21/2023 _ , „ J�✓�L/�Ci (Signature of Notary Public) Harpy SUSAN J.HIBBARD 4 t MY COMMISSION#GG 906027 Susan J. Hibinrd EXPIRES:December 21,2023 Name: '•F p•F al Bonded Thru Notary Public Underwriters • (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Onda Commission No.: OG906027 15 Construction Services Agreement:Revised 092520(v7) ATTEST: SURETY: Federal Insurance Company (Printed Name) 202B Halls Mill Road Whitehouse Station, NJ 08889 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Jan t Crump As AttCrney inFacf )(Attach Power of Attorney) /7) Tina Davis,Attorney-in-Fact �h /'�� �2 Witnesses /' Linda Lee Nipper (Printed Name) Z / ;`n 15 W. South Temple, Suite 700 ' - Salt Lake City, UT 84101 .. (Business Address) "� •-�-� 801-533-3624 (Telephone Number) STATE OF UTAH COUNTY OF SALT LAKE The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, this 14th day of October , 2020 , by Tina Davis ,as Attorney-in-Fact of Federal Insurance Company , a Indiana corporation, on behalf of the corporation. He/she is personally known to me OR has produced Driver's License as identification and did (did not) take an oath. My Commission Expires: March 13, 2023 it (Signaturefof Notary Public) Lisa Hall (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Utah Commission No.: 704231 16 t p � Construction Services Agreement:Revised 092520(v7) 6�Y 'i ;lr,1Gis,fr ;'�rI 3rC13,2023 in Comm scion Numb r 734231 E -iuBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Tina Davis,Lisa Hall and Linda Lee Nipper ofSalt Lake City,Utah each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 21'day of April,2020. Ittv,n \I.Chit trt v..1s'istant SLcretary Stephen\I.I Llncyy.Vice President 3 , sire ¢yVi• spec+` • STATE OF NEW JERSEY County of Hunterdon On this 21'day of April,2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal /+r et 4• /• rrAgl' K PU J.ADELAAR NOTARYY PUBLIC OF NEW JERSEY P�L1C No.2316685 4 Commission Expires July 16,2024 }Diary Public �JER9t CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December Il,2006:and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED.that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as maybe specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company.under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the`Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ.this October 14, 2020 "0" irk% 17.4:7";.A. 5\19DA-e‘ 1,94 LW s a Iktwn\I.Chlnres.:\,,,tst:uu>ccrct:uy' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) C HUB B Power of Attorney Federal Insurance Company 1 Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Tina Davis,Lisa Hall and Linda Lee Nipper of Salt Lake City,Utah each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents�` and affixed their corporate seals on this 21"day of April,2020. N ito— ‘41.--„...." ttivrn \I.Chlori xi.A'e istant Secretary Stephen\l.Haney.Vice I'rtsidrnt 00. STATE OF NEW JERSEY County of Hunterdon S5. On this 21"day of April,2020 before me,a Notary Public of New Jersey.personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal e1 "to KATHERINE J.ADELAAR f! WAR). NOTARY PUBLIC OF NEW JERSEY 1.44 4.411 No.2316685 ,PUBLIC Commission Expires July 16,2024 Notary Public \`4KIER9tA CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: WESTCHESTER FIRE INSURANCE COMPANY on December II,2006:and ACE AMERICAN INSURANCE COMPANY on March 20,2009: 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company.of bonds,undertakings.recogrtizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise.to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute.for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company.may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company.and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that • (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ.this October 14, 2020 ',awn \I Chlnrcx.As istantStsreta IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) 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 092520(v7) 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 092520(v7) Collier County Florida Insurance and Bonding Requirements Insurance/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 Contractor/Vendor/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: D 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 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 19 Construction Services Agreement:Revised 092520(v7) ❑ 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 092520(v7) 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 092520(v7) 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 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: 1 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 092520(v7) EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS &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 cor 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 ��J Construction Services Agreement:Revised 092520(v7) 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 G24 Construction Services Agreement:Revised 092520(v7) 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 Contract#: Chanpen Purchase Order#: Project#: C o ntracto rl Fi an Name: Project Name: Project Manager Name Department: Original Coreract'Work Cider Amount O iginal BCC Approval Date:Agenda Item# Current BCC Approved Amount Last 9CC Approval Date Agenda Item# Current Contract'W ark Order Amount SAP Contract Expiration Date Master) Dollar Amount of this Change *reIWO! Total Change From OriginalAmount Revised'ConOact'W ork Order Total 0.00 #DIV/O! C h ang e f rom Curt ent BCC Approved Arrscunt CumulatihoeChanges S 0,00 ODIV'O! Change fromCurrentAmount Completion Date,Description of the Task{s}Change,and Rationale for the Change Notice to Prom Original I Last Approved Revised Date Date Completion Dat Date n:Jdeia:'a^ge; #of Days Added Select Tasks 0 Add newtaskts} 0 Deietetask(s) 0 Changetask(s} 0 Other iSee N!. Provide a respon se to the following:t.}detai led and specific exp I anationlratio nate of the requested change(s)to the task{s)and I or the additional days added(if requestedi;2.}why th i s change was not i ncl uded in the original contract;and,3}describe the impact if this change is not processed. Attach addtirral information from the Des yr Professional arofor Contractor if needed, Prepared by: Dale: (Proitiot Manager Name and Department) Acoepiaeceof this Channge Order shall corstituxamecificalionto contract work order identified above and will be subject toalltresame lemmaaridc0ndrtonsascontainedinthecontracttworkorderindicatedatove,asfullyasifthesamewereslatedinibisacceplanoe. The adiustmer4.if any.to the Contract shell corst itute a full and fir al sett lament of any and all o laim s of the Contractor t Vendor i Cons tiitant Design Profess,oral arising out of or related to the charge set forth herein.ire.Wing claims for im pal arc delay costs. Accepted by: Date: (Contractor:Vendor Consultant:Des igrProfessional and Nam eofFirm.ifprojactapplicable) Approved by: Date: {Design Professional and Name of Firm,if project applicable} Approved by: Date. {Procurement Professional ons":95`?t73 .a.•,a;rttt3"l 31e, ...._ 25 Construction Services Agreement:Revised 092520(v7) C )1 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 092520(v7) 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 nolow 27 Construction Services Agreement:Revised 092520(v7) 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 092520(v7) EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole;topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. t �+ 29 Construction Services Agreement:Revised 092520(v7) 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 092520(v7) 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 092520(v7) CAS) 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 "'aches" 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 092520(v7) 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 092520(v7) 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 092520(v7) 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 092520(v7) (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 Email: PublicRecordRequest(a�colliercountVfl.gov 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. 36 Construction Services Agreement:Revised 092520(v7) CA 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by 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. 37 Construction Services Agreement:Revised 092520(v7) 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. 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 38 Construction Services Agreement:Revised 092520(v7) CA() to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight(48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, 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. 39 Construction Services Agreement:Revised 092520(v7) CAO 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. 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 092520(v7) 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 092520(v7) 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 092520(v7) 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 exdusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion)is substantially complete.Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement:Revised 092520(v7) 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 092520(v7) CAO 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 shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement:Revised 092520(v7) C.Av costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement:Revised 092520(v7) include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 47 Construction Services Agreement:Revised 092520(v7) CM) 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor,without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the 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. 48 Construction Services Agreement:Revised 092520(v7) All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulationswith 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 49 Construction Services Agreement:Revised 092520(v7) 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings(including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work("Direct Purchase"). 50 Construction Services Agreement: Revised 092520(v7) Contractor shall prepare purchase orders to vendors selected by Contractor,for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. 51 Construction Services Agreement:Revised 092520(v7) CA() Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 52 Construction Services Agreement:Revised 092520(v7) CA() 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 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 53 Construction Services Agreement:Revised 092520(v7) CAO to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPScollierqov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive 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 54 Construction Services Agreement:Revised 092520(v7) STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing/will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exdusive jurisdiction on all such matters. 55 Construction Services Agreement:Revised 092520(v7) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 56 Construction Services Agreement:Revised 092520(v7) _.1 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROVISIONS CSFA 55.004 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. The services performed by the awarded Contractor shall be in compliance with all applicable State of Florida Department of Transportation regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor(including all subcontractors) must insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement); 2) The contractor(or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider VOLUME 1 -BID DOCUMENTS FCP-1 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CIVIL RIGHTS - GENERAL (Reference: 49 USC § 47123) The General Civil Rights Provisions found in 49 USC§47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of funding source. The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. VOLUME 1 -BID DOCUMENTS FCP-2 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS CIVIL RIGHTS—TITLE VI ASSURANCES 1.1.1. Title VI Solicitation Notice (Source: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-Assisted Programs at the Federal Aviation Administration) Title VI Solicitation Notice: The Collier County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 1.1.2. Title VI Clauses for Compliance with Nondiscrimination Requirements (Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. VOLUME 1 -BID DOCUMENTS FCP-3 CA() IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 1.1.3. Title VI Clauses for Deeds Transferring United States Property (Source: Appendix B of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of the Airport Improvement Program grant assurances. NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the Immokalee Regional Airport will accept title to the lands and maintain the project constructed thereon in accordance with Federal Aviation Administration,for the AIP Program, and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by • Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the VOLUME 1 -BID DOCUMENTS FCP-4 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Immokalee Regional Airport Airport all the right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands described in and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Immokalee Regional Airport and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Immokalee Regional Airport, its successors and assigns. The Immokalee Regional Airport, in consideration of the conveyance of said lands and interests in lands,does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]*(2)that the Immokalee Regional Airport will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the Federal Aviation Administration and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 1.1.4. Title VI Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program (Source: Appendix C of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Immokalee Regional Airport pursuant to the provisions of the Airport Improvement Program grant assurances. A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration VOLUME 1 -BID DOCUMENTS FCP-5 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS hereof, does hereby covenant and agree[in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Immokalee Regional Airport will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the Immokalee Regional Airport will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Marco Island Executive Airport and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 1.1.5. Title VI Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program (Source: Appendix D of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Immokalee Regional Airport pursuant to the provisions of the Airport Improvement Program grant assurances. A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree(in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to VOLUME 1 -BID DOCUMENTS FCP-6 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18136 STATE AND FEDERAL CONTRACT PROVISIONS discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the List of Pertinent Nondiscrimination Authorities. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, Immokalee Regional Airport will have the right to terminate the (license, permit, etc., as appropriate)and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said(license, permit, etc., as appropriate)had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, Immokalee Regional Airport will there upon revert to and vest in and become the absolute property of Immokalee Regional Airport and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 1.1.6. Title VI List of Pertinent Nondiscrimination Authorities (Source: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C, § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); VOLUME 1 -BID DOCUMENTS FCP-7 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C.§§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). VOLUME 1 -BID DOCUMENTS FCP-8 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 USC §201, et seq.) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act(29 USC U.S. Department of Labor—Wage and Hour 201) Division VOLUME 1 -BID DOCUMENTS FCP-9 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference 20 CFR part 1910) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 U.S. Department of Labor—Occupational (20 CFR Part 1910) Safety and Health Administration VOLUME 1 -BID DOCUMENTS FCP-10 CAO IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS STATE CONTRACT PROVISIONS AGENCY("COUNTY") COMPLIANCE WITH LAWS, RULES AND REGULATIONS, GUIDELINES, AND STANDARDS The County shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. DISADVANTAGED BUSINESS ENTERPRISE(DBE) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The County and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. RESTRICTIONS, PROHIBITS, 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 Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. SCP-11 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS 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. The Department 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. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The County shall: • Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and • Expressly require any 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. INDEMNIFICATION AND INSURANCE a. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the County shall indemnify and hold harmless 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 County and persons employed or utilized by the County 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. Additionally,the County agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's 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 Agency's sovereign immunity." 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. b. The County shall ensure that the subcontractor(s) and subconsultant(s) have Workers' SCP-12 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the County shall ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. 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. MISCELLANEOUS a. Agency ("The COUNTY") Not an Agent of the Department. The County and the Department agree that the County, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. b. 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. c. Law, Forum and Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The County agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. NO OBLIGATION TO THIRD PARTIES The Florida Department of Transportation shall not be obligated or liable hereunder to any party other than the County. RECORDS RETENTION AND ACCESS The contractor and all subcontractors shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the Florida Department of Transportation (FDOT), or its designee's access to such records upon request. The contractor agrees to comply with 20.055(5) F.S. and incorporate in all its subcontractors the obligations to comply with 20.055(5) F.S to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. TERMS AND CONDITIONS OF CONSTRUCTION 1. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that constructed on the Department's right-of-way. SCP-13 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS a. The County shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local Governmental entities. b. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act(ADA) standards. SCP-14 IMMOKALEE REGIONAL AIRPORT REHABILITATE RUNWAY 18/36 STATE AND FEDERAL CONTRACT PROVISIONS THIS PAGE LEFT INTENTIONALLY BLANK SCP-15 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE. Pane 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-1 1 Certification Regarding Lobbying GCA-12 Acknowledgement of Grant Terms and Conditions GCA-1 Co 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. Jacob Unger Immokalee Airport Runway 18/26 Rehabilitation Name Proj ect Name Authorized Employee 20-7784 Title Project Number Preferred Materials,Inc. 58-1401468 Firm Tax ID Number 809022671 DUNS Number 5701 E. Hillsborough Ave. Suite 1122 Tampa,Florida 33610 Street Address,Cit tate,Zip Signature Jacob Unger,Authorized Employee GCA-2 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise (DBE)Utilization FORM 1 The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner(please check the appropriate space): X The bidder is committed to a minimum of 5 % DBE utilization on this contract. The bidder (if unable to meet the applicable DBE goal of 4.2%) is committed to a minimum of % DBE utilization on this contract and has submitted documentation demonstrating good faith efforts. Name of bidder's firm: Preferred Materials,Inc. State Registration No. P25884 By C _ Authorized Employee (Signature) Jacob Unger 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: Preferred Materials, Inc. Address: 5701 E. Hillsborough Ave. Suite 1122 City: Tampa State: FL Zip: 33610 Name of DBE firm: Alers Hauling Address: 4410 N Clark Ave. City: Tampa State: FL Zip: 33614 Telephone: 813-302-9034 Description of work to be performed by DBE firm: Hauling The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ 334,460.00 Affirmation The above-named DB ffirms that it will perform the portion of the contract for the estimated do al as state above. By Z °ICS/ 451—. (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. GC'A-4 I. W o P4 zo s 5 IT gil z cc n o < k til Wo �` k t�7 Q d Cli S [ =1111 •,," es 7-,1 `al. •••* *0 c..) , 6 W •Pml z . . ./ 5 c.-w 0 '� � � CLL. 0 W �aggecon h~ a 0-4 D L 0 � t ;:,„J 4 ,5,!, <is J : g q � a• -,. 4,..„ x -, sm- = Cio Y� nplz •~01•171 a L , -, 0 y�n Itie.„ it. W,J O CO IA' Z z o wH Vlcm) h Jar oar y2x UQF- CI �tiQ OkO � 0 N N 41 IL CA C N •P•I•1 g:11 a E2 a) 4 c o 3 _c 0 p m o C c o o }, co Q) ca O N c .-� N cz al a +-J U 0 .0 co N 23 U c0 L L Oc") +-' a) C L • >+ 0 a c •o, a) O C N U d 46 co co , , co LP 75 0 O = a) a) a) v) O C) co a N - c co cF. c C C a- C c V) s- c6 RI C 30 a) c6 = O O v- E �O O a) o LL E a) Q) .Q a) 4- R — ` U co 6 w O 3 U Z' -o ° ca ° N t a a`) a) E m co CD C > 0 cn o U 3 C C co N a) -0 U a) a) Na) ctc c c = �`_ o a) 0 t+ cn o o 0o .0 a) C 2 "c c1 = C aO `Ca) W E o .Q - > _ a) v) CO i � '� a L, C > - a ca O Um W L ca O . O — L m .— CoC a co O co �1 E = U c3 c C. con d T O .� c') > W 3 c 4 Q p .Q m C Q 0 a _ C 0 1 F--� W C.) Q cn C N. C W (en) 0 w C C o O N. O a) ) .t C 'O = ° I c06 Q >' C ;w .. •c �? cn a) o a coal v O O a OD U - a) U) 6 y= a) N .Q co H c"�a W CG p4 cz E o ,cn `� 0 0 d '- W > V C �_ V 0 C Z r-1l 7 W ``' 0 ) Z ° m = _c y' o Q 0 C .3 H 0_ 0 0 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: Preferred Materials,Inc. Address: 5701 E. Hillsborough Ave.Suite 1122 City: Tampa State: FL Zip: 33610 Name of DBE firm: Lomski Engineering.and Testing,Inc. Address: 17210 Toledo Blade Blvd City: Port Charlotte State: FL Zip: 33954 Telephone: 941-979-5744 Description of work to be performed by DBE firm: Quality Control Testing The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ 20,000.00 Affirmation The al56v named DBE firm affirms that it will perform the portion of the contract for the estmtated d ollar value as stated above ..-.---_7 ° By t _;� �1....,.c ; (ni,v� , f �t.cr 1.r�� ic, (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. OCA-4 7••••••••°F __ .V ,--, r P to ,,, ,,.. 4 co m Q 0. � s s ! �+z `t',., 'r it. \ g. o , . LiJ ,..i ‘• R -,-1., , til 4g, ., RCN W � p c) f 1, 071 `-',,.., ac, ill 4: CI " till. fl a 4,,, jmill c, ts. 1 „ ,E. % s. 't :4, CO o ai H 0 ' A A Q O g \ 1 •%**Itt 04 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: Preferred Materials Address: 5701 E. Hillsborough Ave, Suite 1122 City: Tampa State: FL Zip: 33610 Name of DBE firm: Ongrade Contracting, Inc. Address: 12409 SW Sheri Avenue, Unit 101 City: Lake Suzy State:FL Zip: 34269 Telephone: 941-766-6191 Description of work to be performed by DBE firm: -Mi1ing;Milling-Glean-up, Excavation, Subbase, Base The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $•671798o o. .1 snjoro Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By President (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. GCA•4 v y .: s�'g �# ;?��e'3�as'tl�aktri t r+lt rvx yxro e tl ay..7,f�3t; r.: cx� ,r,�.il�,,„ara.;,t;-�"m r Y r,iG �,}";+y r.- >a`O i�ra5��...�r�;:.:;,�: , �e E 3� �Alit g.ligadAWA "f�t gig *Mrri 1Y.( '�e (;i5�NE j i�1 4i+' ! +Y»al" {add ':sq i �'fJt�y La it ( C:a itAaat NK �.� �. 4r`+7!"t �(,� �;�C�.Q��� l x.�a lj� J r.i� '��'� +[ �2'�ryh�ia�St i��?�+ g"Yi) .S.C1.J l.i [.�J f.��i. ..G..i.. Aka:i h,.tv a ti..t k .1...r::��.. i .� .t;.0 r.,, ,74}� �s...�.�....,f,f�2.A,.Vk sfPJ„s.,u 4dx� Number of Records Returned:1 Selection Criteria: Vendor : ONGRADE CONTRACTING INC �SFv�.,�+7'i �++,vft'If y� ,y�.�"sb1 a �,,,, r ✓ y � ¢ {y y�) Mks?. ".4wZ, e..Y,lQ "w?Y''PtD t�3,.1 A d�7 s Ai',.e 'Y�n3�y �{p�ry�i`� T j 9 h {i s��n iircit�i�) 1�"i .r�,51 }ii`. :1 l ltf,4 e:7 IEME DBE Certification:CERTIFIED MBE Certification: DBA: Former Name: Business Description: SITE PREPARATION, EXCAVATION, CULVERTS, EROSION CONTROLS, SILT FENCING, GRADING Mailing Addres8J:12409 SW SHERI AVE UNIT 101 LAKE SUZY, FL 34269- Contact Names DEBRA WALKER Phone: (855) 491-7200 Fax: (941) 766-7191 Email: DEBRAQONGRADECONTRACTING,COM ACDBE Status:N Statewide Availability: Y Certified NAICS 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors 484220 Specialized Freight (except Used Goods) Trucking, Local Run on : 07/13/2020 Page: 1 CA() EXHIBIT 1.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: Preferred Materials,Inc. Printed Name: Jacob Unger Title: Authorized Employee Signed: Date: 8/20/2020 GCA-5 �Ac> EXHIBIT l.p GRANTcERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 813-901-4771 Procurement Number 20-7784 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION — FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 27-4702610 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME ANG1 FRIGHT SJ.JRVEYINC, LLC MBE(Minority) X BETWEEN $1 -$5 MIILION PHONE 239-898-7001 WBE(Women) BETWEEN $5-$10 MIILION _STREET ADDRESS 12506 TWIN BRANCH ACRES RD X NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP TAMPA,FL 33626 MORE THAN$15 MIILION YEAR FIRM EST. 2010 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. • FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TM ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TM ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION _ STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY • Disadvantaged Business Enterprise(DBE) Utilization (M/WBE). OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E.HIllsborough Ave.Suite 1122 Tampa,FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE _ ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 46-3717850 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME Blade Contracting, LLC MBE(Minority) X BETWEEN $1 -$5 MIILION PHONE 813-763-8151 WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS 883 Symphony Isles Blvd x NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Apollo Beach, FL 33572 MORE THAN$15 MIILION YEAR FIRM EST. 2013 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WEE(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 TM ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION , STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority; BETWEEN $1-$5 MIILION PHONE WBE(Women; BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) r 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 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY:LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E. HIllsborough Ave. Suite 1122 Tampa,FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 65-0448418 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME Carter Fence Company,Inc MBE(Minority) BETWEEN $1 -$5 MIILION PHONE 239.353-4102 WBE(Women) X BETWEEN $5:$10 MIILION STREET ADDRESS 3490 srtearwater Street X NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Naples FL 34117 MORE THAN$15 MIILION YEAR FIRM EST. 2000 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST, FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WEE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MILLION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MILLION YEAR FIRM EST. GCA-6 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 813-901-4771 Procurement Number 20-7784 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# pet.tct DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME C,r4.4.10,1-u.,,,u , MBE(Minority) BETWEEN $1-$5 MIILION PHONE q441-git-Tmeo WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS Po boy iuci 1G NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP oe9re,1,A. :Alta% .f MORE THAN$15 MIILION YEAR FIRM EST. 1q�o FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 LpsO EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY • Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) • OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials, Inc. Address/Phone Number 5701 E.HIllsborough Ave. Suite 1122 Tampa,FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 31-1071467 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME Denco Construction,Inc. MBE(Minority) BETWEEN $1-$5 MIILION PHONE 239-332-4400 WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS 4600 Cummins Ct x NON-DBE x BETWEEN $10-$15 MIILION CITY,STATE,ZIP Fort Myers.Florida 33905 MORE THAN$15 MIILION YEAR FIRM EST. 1983 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE _ BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS _ NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ' ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE)Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E.HIllsborough Ave.Suite 1122 Tampa, FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 6 5 Q 6 7%-'737 DBE(Disadvantaged) > LESS THAN$1 MIILION FIRM NAME KATE.S l//tf/ &,1x/Ak. MBE(Minority) BETWEEN $1-$5 MIILION PHONE oZ,,�j ei / t5 .3 at, )( WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS .a 40S VA/L pg NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP //),U/vj 5PA0y s'fz.,NiAd T MORE THAN$15 MIILION YEAR FIRM EST. %q!?'t, FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION _CITY STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME — MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. CCA-6 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise.(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 • Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E. Hillsborough Ave.Suite 1122 Tampa,FL 33610 813-901-4771 Procurement Number 20-7784 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# Z(i4t342bt3b DBE(Disadvantaged) LESS THAN$1 MIILION !_ FIRM NAME McShea Contracting,LLC MBE(Minority) X BETWEEN $1-$5 MIILION PHONE 239.368-5200 WBE(Women) BETWEEN $5•$10 MIILION STREET ADDRESS 508 Owen Ave N. X NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Lehigh Acres,FL 33971 MORE THAN$15 MIILION YEAR FIRM EST, 2009 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10•$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION . STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 LA EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY • Disadvantaged Business Enterprise,(DBE)Utilization (M/.WBE) OPPORTUNITY LIST • FORM 4 Prime Contractor/Consultant Preferred Materials, Inc. Address/Phone Number 5701 E. HIllsborough Ave.Suite 1122 Tampa, FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance, FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 59-2326966 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME Mill-it Corporation MBE(Minority) BETWEEN $1-$5 MIILION PHONE 407-661-1181 WBE(Women) a BETWEEN $5-$10 MIILION STREET ADDRESS 9630 Discovery Court a NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Altamonte Springs,FL 32714 MORE THAN$15 MIILION YEAR FIRM EST. 1983 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION _CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE _ BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 008° EXHIBIT I.B GRANT CERTIFICATIONS AND ASSI,JRANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials, Inc. Address/Phone Number 5701 E. Hlllsborough Ave. Suite 1122 Tampa,FL 33610 Procurement Number 20-7784 Immokalee Airport Runway 18/36 Rehabilitation Collier Co. Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance, FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 82-5457366 DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME Turtle Southeast,LLC MBE(Minority) BETWEEN $1-$5 MIILION PHONE !2/-b18-U962 WBE(Women) x BETWEEN $5-$10 MIILION STREET ADDRESS P )I30X 1 tibf3 X NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Largo,FL 337/9 MORE THAN$15 MIILION YEAR FIRM EST. 1976 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WEE(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 CA(. EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY AIRPORT AUTHORITY Disadvantaged Business Enterprise(DBE) Utilization (M/WBE) OPPORTUNITY LIST FORM 4 Prime Contractor/Consultant Preferred Materials,Inc. Address/Phone Number 5701 E. Hillsborough Ave. Suite 1122 Tampa,FL 33610 813-901-4771 Procurement Number 20-7784 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# 73-1705699 DBE(Disadvantaged) ` LESS THAN$1 MIILION FIRM NAME Tomahawk Construction,LLC MBE(Minority) BETWEEN $1 -$5 MIILION PHONE (239)437-0791 WBE(Women) BETWEEN$5-$10 MIILION STREET ADDRESS 16651 Old US 41 X NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP Fort Myers,FL 33912 X MORE THAN$15 MIILION YEAR FIRM EST. 2004 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME _ MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 -$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION PHONE WBE(Women) BETWEEN $5-$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION CITY,STATE,ZIP MORE THAN$15 MIILION YEAR FIRM EST. GCA-6 CAv EXHIBIT 1.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(/) 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 CAU\. EXHIBIT 1.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 prosecution under Title 18, United States Code. 8/20/2020 Date Signature Preferred Materials,Inc. Authorized Employee Company Name Title GCA-8 EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 20-7784 Collier County Solicitation No. I Jacob Unger , 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. Jacob Unger C Name Signature Authorized Employee 8/20/2020 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 ({ ) 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 (Q)is not(SD is not a corporation that was convicted of a criminal violation under any 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. Jacob Unger Authorized Employee Name Title Preferred Materials,Inc. Firm Signature Jacob Unger,Authorized Employee GCA-10 EXHIBIT 1.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, Preferred Materials,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 certification and disclosure,if any. CiY" Signature of Contractor's Authorized Official Jacob Unger,Authorized Employee Name of Authorized Official and Title 8/20/2020 Date GCA-11 EXHIBIT 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 Preferred Materials,Inc. Date 8/20/2020 Authorized Signature CZ-- Jacob Unger,Authorized Employee Address 5701 E.Hillsborough Ave. Suite 1122 Tampa, Florida 33610 Solicitation/Contract# 20-7784 GCA-12 i \ ' 7 ® DATE(MM/DD/YYYY) AC RD CERTIFICATE OF LIABILITY INSURANCE 10/20/2020 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 Liberty Mutual Insurance Co. National Insurance East NAMEACT Valerie Reece 2000 Westwood Dr. ac"No.Extl: 513-867-3822 FAX No): Wausau,WI 54401 E-MAIL ADDRESS: Oldcastle.certs@LibertyMutual.com INSURER(S)AFFORDING COVERAGE NAIC# www.LibertyMutual.com INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Liberty Insurance Corporation 42404 Preferred Materials, Inc. (216-TAM) 5701 E. Hillsborough Avenue, Suite 1122 INSURER C: Tampa FL 33610 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 58207683 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 LINTRR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ TB2-C81-004095-110 9/1/2020 9/1/2021 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE ,/ OCCUR PREMISES(Ea occurrence) $300,000 XCU Coverage Included Primary/Non-Contributory MED EXP(Any one person) $50,000 ,/ Separation of Insured PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY V JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY ✓ AS2-C81-004095-120 9/1/2020 9/1/2021 EOaaocideDtSINGLE LIMIT $2000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AS2-C81-054502-520 9/1/2020 9/1/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Physical Damage Only: PROPERTY DAMAGE HIRED NON-OWNED $ AUTOS ONLY AUTOS ONLY Comprehensive Ded$10,000 (Per accident) Collision Ded$10,000 $ A UMBRELLA LIAB / OCCUR ,/ TL2-681-054523-920 9/1/2020 9/1/2021 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE (General Liability) AGGREGATE $3,000,000 DED RETENTION$ Products/Completed Ops$3,000,000 B WORKERS COMPENSATION WA7-C8D-004095-020 9/1/2020 9/1/2021 ,./ STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N All except OH,ND,WA,WY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A B (Mandatory in NH) WC7-C81-004095-010 9/1/2020 9/1/2021 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WI, MN 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) RE:Immokalee Airport Runway 18/36 Rehabilitation#20-7784-Grant Funded Collier County FL. Collier County Board of County Commissioners is listed as additional insured with regards to the general liability,automobile liability,and excess liability policies,on a primary and non-contributory basis,where required by written contract. 30-day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE yy���� )0—. 'Cd GE n ZG2. I Valerie Reece ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 58207693 I LM 44 19/20-9/21 - Standard 2/2, Excess 1 Connie Myszka 110/20/2020 9.15(23 AM (CDT) 1 Page 1 of 1