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Backup Documents 02/14/2023 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management zl 1S f Z3 2. County Attorney Office County Attorney Office 021 >i a3 4. BCC Office Board of County Commissioners kLt 2/IL,Z3 4. Minutes and Records Clerk of Court's Office 114?- P q-s-1177 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was FEBRUARY 14, 2023 Agenda Item Number 11.B. Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 22-8020-ST Thomas Marine number if document is Thomas Marine Construction, Inc. to be recorded Construction, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/14/2023 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County �%,t� an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 541177) an option for Chairman's signature. this line. t RECEIVED FEB 15 2023 118 MEMORANDUM Date: February 20, 2023 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #22-8020-ST "Bridge Replacement— Package D-1 Bridge — Immokalee Road" Contractor: Thomas Marine Construction, Inc. Attached for your records is an original of the referenced document above, (Item #11B) adopted by the Board of County Commissioners on Tuesday, February 14, 2023. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment tia CONSTRUCTION AGREEMENT (LAP) THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with THOMAS MARINE CONSTRUCTION, INC. ("Contractor") of 8999 High Cotton Lane, Fort Myers, FL 33905, a Florida profit corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with "BRIDGE REPLACEMENT - PACKAGE D — 1 BRIDGE - IMMOKALEE ROAD," Invitation to Bid No. 22-8020-ST ("Project"), as said Work is set forth in the Plans and Specifications prepared by HNTB Corporation, 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: Three Million One Hundred Thirty-Two Thousand Five Dollars and Ninety-Five Cents ($3,132,005.95). 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 ;CM., Construction Services Agreement-LAP:[2022_ver.1] ' 118 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents,the Contractor shall,within five(5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty-five(335) 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 Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two Thousand Five Hundred and Seventy-Nine Dollars ($2,579) 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-LAP:[2022_ver.1] t11 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 No. 22-8020 "BRIDGE REPLACEMENT - PACKAGE D— 1 BRIDGE - IMMOKALEE ROAD." 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 n 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-LAP:[2022_ver.1I CAO t Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement-LAP:[2022_ver.1] ! ie 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 polices 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. Remainder of page intentionally left blank 6 Construction Services Agreement-LAP:[2022_ver.1] CAO lie . IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO TNESSES: THOMAS MARINE CONSTRUCTION, INC. • FIRS WITNESS Mark D. Mabee By: !/ Print Name Kevin . imp,President 1/20/2023 >;_) - Print a and Title Date SECOND WITNESS Darren Watkins Print Name Date: 1/20/2023 ATTEST: OWNER: Crystal.K. Khan rClerk of Courts BOARD OF COUNTY COMMISSIONERS & Cornptr'dller....�� OF COLLIER COUNTY FLORIDA ' 1 ';:' 4 /2:4; _ BY 1 .1i . . . AA .ip BY: Rick LoCastro, Chairman Attest As to 'o signature only: A rove as to FiLeo=lity: wt._ De ounP tyAttorney SGa71/ 7P.� Print Name 7 Construction Services Agreement-LAP:[2022_ver.1] -1 I 1 8 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement-LAP:[2022_ver.1] 1 18 BID SCHEDULE 22-8020-ST "BRIDGE REPLACEMENT-BRIDGE PACKAGE D-1 BRIDGE-IMMOKALEE ROAD" GRANT FUNDED(BRIDGE#034833) ITEM PAY ITEM DESCRIPTION UNIT EST. PAY ITEM UNIT PRICE NO. NO. QTY. TOTAL ROADWAY 1 0101 1 MOBILIZATION(NOT TO EXCEED 8%OF TOTAL OF ITEMS 3-69) LS 1 $244,000.00 $244,000.00 2 0102 1 MAINTENANCE CF TRAFFIC(NOT TO EXCEED 8%OF TOTAL OF ITEMS 3-69) LS 1 $137,100.00 $137,100.00 3 0101 1 1 PROVIDE/MAINTAIN"AS BUILT" LS 1 $10,000.00 $10,000.00 4 0102 2 1 SPECIAL DETOUR 1 LS 1 $96,000,00 $96,000.00 5 0102 2 2 SPECIAL DETOUR 2 LS 1 $76,000.00 $76,000.00 6 0102 60 WORK ZONE SIGN ED 14880 $0.25 $3,720.00 7 0102 71 15 TEMPORARY BARRIER,F81,ANCHORED LF 1416 $40.00 $56,640.00 8 0102 71 25 TEMPORARY BARRIER,REL,ANCHORED LF 192 $16.00 $3,072.00 9 0102 74 1 CHANNELING DEVICE-TYPES I,II,DI,VP,DRUM OR LCD ED 46200 $0.15 $6,930.00 10 0102 115 TYPE III BARRICADE ED 1200 $0.40 $480.00 11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 ?''::$775.00 $3,100.00 12 0102 99 PORTABLE CHANGEABLE MESSAGE SON,TEMPORARY ED 628 $12.00 $7,536.00 13 0102 120 TEMPORARY TRAFFIC SIGNAL FOR LANE CLOSURES LS 1 $61,000.00 $61,000.00 14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 780 $5.50 $4,290.00 15 0102 913 21 REMOVABLE TAPE,WHITE,SOLID 6" GM 0.080 $18,113.00 $1,449,04 16 0107 1 LITTER REMOVAL AC 40.47 $50.00 $2,023.50 17 0107 2 MOWING AC 35.25 $125.00 $4,406.25 18 01081 MONITOR EXISTING STRUCTURES-SETTLEMENT LS 1 $1,000.00 $1,000.00 19 0108 2 MONITOR EXISTING STRUCTURES-VIBRATION LS 1 ,$6,000.00 $6,000.00 20 0110 1 1 CLEARING 8 GRUBBING AC 2.35 $8,200.00 $19,270.00 21 0120 1 REGULAR EXCAVATION CY 257.5 $58,00 $14,935.00 22 0120 6 EMBANKMENT CY 4025.4 $32.00 $128,812.80 23 0160 4 TYPE B STABILIZATION SY 4299 $20.00 $85,980.00 24 0285709 OPTIONAL BASE,BASE GROUP 09 SY 3691 $31.00 $114,421.00 25 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 TN 395.5 $258.00 $102,039.00 26 0337 7 81 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-12.5,PG 76-22 TN 301.4 $325.00 $97,955.00 27 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 45.8 $820.00 $37,556.00 28 0524 1 29 CONCRETE DITCH PAVEMENT4",REINFORCED SY 71 $165.00 $11,715.00 29 0530 3 4 RIPRAP-RUMBLE(DITCH LINING) TN 2.4 $220.00.. $528.00 30 0530 74 BEDDING STONE TN 1.8 $220.00 $396.00 31 0536 1 1 GUARDRAIL-ROADWAY,GENERAL TL-3 LF 612 $34.00 $20,808.00 32 0536 8 112 GUARDRAIL TRANSITION CONNECTION TO RIGID BARRIER,F&I, APPROACH TL-3 EA 4 $3,900.00. $15,600.00 33 0536 73 GUARDRAIL REMOVAL LF 205 $9.50 $1,947.50 34 0536 85 24 GUARDRAIL END TREATMENT-PARALLEL APPROACH TERMINAL EA 4 $4,150.00 $16,600.00 35 0570 1 2 PERFORMANCE TURF,SOD SY 4652 $4.50 $20,934.00 36 0700 12 21 SIGN BEACON,FBI GROUND MOUNT-SOLAR POWERED,ONE BEACON AS 4 $1,500.00 $6,000.00 37 0710 11 101 PAINTED PAVEMENT MARKING,WHITE,SOLID,6" GM 0.788 $3,105.00 $2,446.74 38 071011 125 PAINTED PAVEMENT MARKING,WHITE,SOLID,24" LF 44 $9.25 $407.00 39 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 $22,500.00 $22,500.00 ROADWAY SUBTOTAL $1,445,597.83 SIGNING AND MARKING 40 700-1-11 SINGLE POST,F&I,GROUND MOUNT,UP TO 12 SF AS 4 $518.00 $2,072.00 41 700-1-60 SINGLE POST SIGN,REMOVE AS 4 $115.00 $460.00 42 705-10-3 OBJECT MARKER,TYPE 3 EA 4 $518.00 $2,072.00 43 706-1-3 RAISED PAVEMENT MARKER,TYPE B(YEL/YEL) EA 53 $5.75 $304.75 44 710-90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 $2,875.00 $2,875.00 45 711-11-124 THERMOPLASTIC,STANDARD,WHITE,SOLID,18" LF 208 $5.75 $1,196.00 46 711-16-101 THERMOPLASTIC,STANDARD-OTHER,WHITE,SOLID,6" GM 0.312 $5,750.00 $1,794.00 47 711-16-201 THERMOPLASTIC,STANDARD-OTHER,YELLOW,SOLID,6" GM 0.312 $5,750.00 $1,794.00 48 713-103-101 PERMANENTTAPE,WHITE,SOLID,6",FOR CONCRETE BRIDGES GM 0.074 $57,500.00 $4,255.00 49 713-103-201 PERMANENTTAPE,YELLOW,SOLID,6",FOR CONCRETE BRIDGES GM 0.074 $57,500.00 $4,255.00 SIGNING AND MARKING SUBTOTAL $21,077.75 Page 1 118 STRUCTURES 50 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 3180 $22.00 $69,960.00 51 0400 2 10 CONCRETE CLASS II,APPROACH SLABS CY 74.2 $1,100.00 $81,620.00 52 0400 2 47 CONCRETE CLASS II,CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 132.1 $1,260.00 $166,446.00 53 0400 4 5 CONCRETE CLASS N,BRIDGE SUBSTRUCTURE CY 72.4 $2,500.00 $181,000.00 54 0400 7 1 BRIDGE DECK GRODVING SY 511 $18.00 $9,198.00 55 0400 9 1 BRIDGE DECK PLANNG SY 511 $18.00 $9,198.00 56 0400148 PLAIN NEOPRENE BEARING PADS CF 10.8 '.'$820.00 $8,856.00 57 0415 1 4 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE LB 31162 $1.10 $34,278.20 58 0415 1 5 REINFORCING STEEL-BRIDGE SUBSTRUCTURE LB 9384 $1.10 $10,322.40 59 04151 9 REINFORCING STEEL-APPROACHSLAB LB 12974 $1.10 $14,271.40 60 0450 8 13 PRESTRESSED BEAM:FLORIDA SLAB BEAM,BEAM DEPTH 12",WIDTH 55-57" LF 1003 $370.00 $371,110.00 61 0455 34 3 PRESTRESSED CONCRETE PILING,18"SQ LF 1343 $175.00 $235,025.00 62 0455143 3 TEST PILES-PRESTRESSEDCONCRETE,18"SQ LF 284 $240.00 $68,160.00 63 0458 1 11 BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION,F&I POURED JOINT WITH BACKER RCO LF 171 $46.00 $7,866.00 64 0521 5 13 CONCRETE TRAFFIC RAILING-BRIDGE,36"SINGLE-SLOPE LF 310 $203.00 $62,930.00 65 05301100 RIPRAP,SAND-CEMENT BAGS CY 89.2 $400.00 $35,680.00 66 0530 3 3 RIPRAP-RUBBLE,BANK AND SHORE TN 840.0 $120.00 $100,800.00 67 053074 BEDDING STONE TN 299.2 $125.00 $37,400.00 68 0630 2 16 CONDUIT,FURNISH&INSTALL,EMBEDDED-RALINGS LF 932 $15.00 $13,980.00 69 0635 3 13 JUNCTION BOX,FURNISH&INSTALL,EMBEDDED EA 12 $65.00 $780.00 STRUCTURES SUBTOTAL $1,518,881.00 COLLIER COUNTY 70 CC 950-RDW OWNER ALLOWANCE-ROADWAY T&M 1 $36,315.83 $36,315.83 71 CC 950-STR OWNER ALLOWANCE-STRUCTURES T&M 1 $88,585.28 $88,585.28 72 CC 950-SPM OWNER ALLOWANCE-SIGNING&PAVEMENT MARKING T&M 1 $655.62 $655.62 73 CC 950-MSC OWNER ALLOWANCE-OTHER/MISCELLANEOUS T&M 1 $20,892.64 $20,892.64 ALLOWANCE SUBTOTAL $146,449.37 TOTAL BID-ELEVEN BRIDGE REPLACEMENTS BRIDGE 034833 $3,132,005.95 "Owners Allowance-for Owners Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance Expenditures of Owners Alowance will be made through Change Order with proper documentation of Time and Materials supporting the change." NOTE: The Contractor shall Include all dewatering and all excavation as unclassified excavation. No extra payment will be made for rock or site/soil conditions.Contractor shall provide preventative measures pertairing to seasonal flooding as necessary. Page 2 :XO 16 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement-LAP:[2022_ver.1] CA... tt8 coyrr County Email: Barbara.Lance@colliercountyfl.gov colliercountyfl.gov Telephone: 239.252.8998 Procurement Services Division ADDENDUM#1 Date: October 12,2022 From: Barbara Lance,Procurement Strategist To: Interested Bidders Subject: Addendum# 1 —22-8020-ST—Bridge Replacement—Package D— 1 Bridge— Immokalee Road(FPID#444185-1-A8-01) 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: The"Question/Answer"period has been extended from Oc•Aot 48','r" +tto November 15t,2022 @ 5:00 pm. The"Bid End"date has been extended from October;25', 2022 3:00 pnato November 8th,2022 @ 3:00 pm. 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 o is Addendum with your submittal for the above referenced solicitation. , / j 10/25/2022 (Signature) Kevin C.Shimp Date Thomas Marine Construct' n Inc. (Name of Firm) Ifs ColNr County Email: Barbara.Lance@colliercountyfl.gov Telephone:239.252.8998 Procurement Services Division ADDENDUM#2 Date: November 8,2022 From: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum#2—22-8020-ST—Bridge Replacement—Package D— 1 Bridge— 1mmokalee Road(FPID#444185-1-A8-01) 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: The"Bid End"date has been extended from Novemberkk 2.- -4400-p to November 15th,2022 @ 3:00 pm. 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 • .y of this Addendum with your submittal for the above referenced solicitation. 11/08/2022 (Signature) Date Thomas Marine Cons, ction,Inc. (Name of Firm) CA,-. 118 FORM 1-BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BRIDGE REPLACEMENT-PACKAGE D- 1 BRIDGE-IMMOKALEE ROAD BID NO.22-8020-ST Full Name of Bidder Thomas Marine Construction, Inc. Main Business Address 8999 High Cotton Lane Place of Business Fort Myers,FL 33905 Telephone No, 239-337-0008 Fax No. 239-337-0099 State Contractor's License# CGC 1515445 State of Florida Certificate of Authority Document Number F68794 Federal Tax Identification Number 59-2163377 DUNS# 02-853-2935 CCR# Cage Code 5WNY4 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 04152022 118 above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates,and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order,the undersigned proposes to commence work at the site within five(5)calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager,in writing,subsequently notifies the Contractor of a modified(later)commencement date.The undersigned further agrees to substantially complete all work covered by this Bid within three hundred thirty-five (335)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: Title: Kevin C.Shim . Pre dent Date: 11/08/2022 Construction Solicitation Doc rev 04152022 C��' 118 FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT BRIDGE REPLACEMENT-PACKAGE D-I BRIDGE-IMMOKALEE ROAD Bid No.22-8020-ST Name Personnel Category To Be Determined Construction Superintendent Mark Mabee Project Manager Construction Solicitation Doc rev 04152022 `C;1. 11B FORM 3-MATERIAL MANUFACTURERS w,, 1 THIS FORM MUST BE COMPLETED OR BID MAY 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: Thomas Marine Ct s tion,Inc, Signature: Date: 11/8/2022 Revu��iitiip Section B(Exception requested to Bid spe 'cations manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER I. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date Construction Solicitation Doc rev 04152022 CP.O 118 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are"qualified"(as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders)and meet all legal requirements applicable to and necessitated by the Contract Documents,including,but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer.Further,the Owner may direct the Successful Bidder to remove/replace any Subcontractor,at no additional cost to Owner,which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner.(Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents,the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Piles S&S Precast,PO Box 366098,Bonita Springs,FL 34136 2. Concrete Preferred Materials,25091 Old U.S.41,Bonita Springs,FL 3. Site Work Self Perform _.._. 4. Paving Preferred Materials,25091 Old U.S.41,Bonita Springs,FL 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Thomas Marine Construe n,1 c. Signature: Date: 11/8/902? Kevin C.Shimp Construction Solicitation Doc rev 04152022 118 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE. The Bidder is required provide five(5)project references,stated below,of 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. I. Riverstone Bridge Towne Park Community Development District (project name) (project owner) Lakeland. FL _ 17051 Corporate Rlvrl Orlando,,.EL.3281.7_ (project location) (Owner's address) Construction of a new 215' long 5 span bridge in private community. Patrick Marone Construction Manager (project description) (Owner's contact person) (title) March 2020/August 2020 $1.289.895,00 863-585-8699 pmaronehealthfl.com (project start/completion dates) (contract value) (phone) (email) 2. Skyplex Blvd. Improvements .. .Lee County Port Authority (project name) (project owner) Fort Myers. FL 11000 Terminal Access Road, Fort Myers, FL 33913 (project location) (Owner's address) Construction of a 34'span by 114'wide composite arch bridge. Neil Monkman Project Manager (project description) (Owner's contact person) (title) July2018/April 2019 $ 1.325.579.64_ _239-481,:5110a._..__ neiI.monk mantr @wcgtl.com (project start/completion dates) (contract value) (phone) (email) 3. _Golden Gate.Bridge....__..__.,_.._ Collier County (project name) (project owner) Naples, FL .33.01.._Tami.aut.iTraiLEast.,..:Naples...EL... 4112_. (project location) (Owner's address) Project included bridge reconstruction and r_Gplae.egltr.............................._...................._... — John Conti..__ ._.... Project Manager (project description) (Owner's contact person) (title) Feb.2019/Sent„,2020 $.8..83..4.9._150 239-348-1328 __. _john..cont i?collierccpplyf1.gov (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 G�' 118 FORM 5-STATEMENT OF EXPERIENCE OF BIDDER 4. Vanderbilt Drive Collier County _... ._._..._._.....�..�.. ._ _ n. .._..__.__..__ ..�.._......_ _.,......_...,.,,.._....._..__._. (project name) (project owner) Naples,FL 3301Tamiami Trail Eas%Naples,FL 341.12 (project location) (Owner's address) Replacement of 2 bridges along Vanderbilt Dr. over Little Horse Pass&Tidal Creek. Crystal Gorman Senior Project Manager (project description) (Owner's contact person) (title) May 2018 $ 4,953,758.13 239 250 6680 crystal gormanr aectm.com (project completion date) (contract value) (phone) (email) 5. US 41 over Catfish Creek Florida Department of Transportation, District 1 (project name) (project owner) Sarasota. FL 801 N. Broadway Avenue. Bartow, FL 33830 (project location) (Owner's address) Replacement of a 40'span cast-in-place bridge on US 41 Jim Fitzer Project Administrator (project description) (Owner's contact person) (title) March 2019 $925,229.19 727-224-7652 jim.fitzerAaecom.com (project completion date) (contract value) (phone) (email) Company: Thomas Marine Con ction nc. Signature:, Date: 11/8/2022 Kevin C. Shimp Construction Solicitation Doc rev 04152022 r , 1 118 FORM 6-TRENCH SAFETY ACT THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE. 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. NONE REQUIRED 2. 3. 4. 5. TOTAL $ 0.00 Company: Thomas Marine Const et' c. Signature:�.._..... . ..._ _..r._........................................._. _._ Date: 11/8/2022 Kevin C.Shtmp Construction Solicitation Doc rev 04152022 tie FORM 7-BID BOND THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONSIBLE Thomas Marine Construction,Inc. KNOW ALL MEN BY THESE PRESENTS, that we 8999 High Cotton Lane,Ft Myers.FL 33905 (herein after called the Principal) and Travelers Casualty&Surety Company of American . (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford and authorized to do business in the State of FL are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner),in the full and just sum of 5%of the attached bid dollars($ 5"9 )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. 22-8020-ST BRIDGE REPLACEMENT-PACKAGE D-1 BRIDGE-IMMOKALEE ROAD. NOW,THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid,and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor,materials and supplies furnished in the prosecution thereof or,in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,and deliver to Owner the required certificates of insurance,if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 5% noted above as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be null and void,otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and,sealed this t 0th day of Oct. ,2022. Thomas Marine Construction,Inc. Principal BY \ (Seal) Travelers Casualty&Surety Com my of America Surety (Seal) Patti Zuk,Att c -ln-Fact Countersigned ---� Linda DeVries Appointed Producing Agent for Travelers Casualty&Surety Company of America • Cpg I8 Travelers Casualty and Surety Company of America k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Patti Zuk of GRAND RAPIDS , Michigan , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. sT$4.4. 4ayyl V lN ,p YG rF . FSA1* i 01. IL COW. o Y d7/bC�u ft p A` lty%i� x State of Connecticut � By: City of Hartford ss. Robert L.Ran , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. 7 yt avr.4 �i��u ; NOfU11Y gi My Commission expires the 30th day of June,2026 * .M pUS'1C Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 10th day of Oct. , 2022 . 40=tp, `s _A Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and die details of the bond to which this Power of Attorney is attached. 118 FORM 8-INSURANCE AND BONDING REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant,Subcontractors,agents and employees of each and all of them,all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the Contract Number, or Project Number,or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(1).required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s)and charge the Vendor for such coverage(purchased. If Vendor fails to reimburse the County for such costs within thirty (30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage(s)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 1 B Cotter County 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. Thomas Marine Cori tiction. Ir)c...... .........._ Company Name Signature Kevin C.Shin , President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of ll physical presence or 0 online notarization, this 8th day of November (month), 2022 (year),by Kevin C. Shimp (name of person acknowledging). (XfAvtia_i 'CA-) (Signature of Notary Public-State of Florida) Linda Solich (Print,Type,or Stamp Commissioned Name of Notary Public) x Personally Known OR Produced Identification Type of Identification Produced UNDAS LICH ,fie, 44 Commission#GO 272882 Expires February 5,2023 `+Fif„°O.` Bonded thruTroy Fain Inwrenc61190-385-7919 118 Co ier County 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 8th day of November 2022 in the County of Lee ,in the State of Florida Firm's Legal Thomas Marine Construction,Inc. Name: Address: 89991ligh Cotton Lane City,State,Zip Fort Myers, FL 33905 Code: Florida F68794 Certificate of Authority Document Number Federal Tax 59-2163377 Identification Number 5 WNY4 *CCR#or CAGE Code *Only if Grant Funded Telephone: 23 9-3 37-0008 Email: kcshimptii aol. I Signature by: Kevin C. Shimp (Typed and written) Title: President i 118 Additional Contact Information Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: Secondary Contact for this Solicitation: Email: Phone: Ci'°, 118 Co per County 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 SUB11T WITH VENDOR'S PROPOSAL/BID MAN' 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))that it is aware of and in compliance with the requirements set forth in Florida Statutes$448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. Thomas Marine Construction,Inc. Company Name Signature Kevin C.Shit , President Print Name and Title State of Flaritla_ County of Lee The foregoing instrument was acknowledged before me by means of El physical presence or ❑online notarization, this 8th day of November (month), 2022 (year),by Kevin C.Shimp (name of person acknowledging). (Signature of Notary Public-State of Florida) Linda Solich (Print,Type,or Stamp Commissioned Name of Notary Public) X Personally Known OR Produced Identification Type of Identification Produced ;, LINDA SOLICH ':Commission#GO 272882 A ; :• ", Expires February 5,2023 "%,i i�;°,"� Bonded TNu Troy Fain lnsuronco$011385.7019 118 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. FAILURE TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: l.JThe Bid has been signed. 2. ‘{The Bid prices offered have been reviewed, 3.J The price extensions and totals have been checked. 4."Bid Schedule has been completed and attached. 5.J. Any required drawings,descriptive literature,etc.have been included. 6..]Any delivery information required is included. 7.4 The following on-line standard documents have been reviewed and accepted in BidSync: Ia. Construction bid instructions form /b. Construction services agreement ,jc. Purchase order terms and conditions 8.4 All of the following bid forms have been completed and signed: a. Bid Form(Form I l b. Contractors Key Personnel(Form 2) .fc. Material Manufacturers(Form 3) -Id. List of Major Subcontractors I Form 4) iv. Statement of Experience(Form 5) if. Trench Safety Act(Form 6) fig. Bid Bond Form(Form 7) jh. Insurance and Bonding Requirements(Form 8) f i. Conflict of Interest Affidavit(Form 9) ,ij. Vendor Declaration Statement(Form 10) A. Immigration Law Affidavit Certification(Form 11)MUST be signed and attached with your submittal. Ii. Signed Grant Provisions and Assurances package in its entirety,if applicable,are executed and should be included with your submittal. 9, Copies of required information have been attached °a. Business tax Receipt(Collier County Businesses Only) b. Company's E-Verify profile page or memorandum of understanding 4c. Certificate of Authority to Conduct Business in State of Florida(sunbiz.org) .id. Any required professional licenses—valid and current(myfloridalicense.com) (ie:General Contractors license,Underground Utility and Excavation,Builders, Trade Contractors,etc.,as applicable,requested and/or required.) '4 e. Vendor W-9 Form 110. If required,the amount of Bid bond has been checked,and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise the Bid cannot be considered. `' 11B 4; °.erg ...,:, r Y :.tr•.r r 7 ale / Omsto,)t yJ',Grd:1^^S / iL(t He:J'::s / iiearco z. r'. i\V.,mt+rsr Detail by FEUEIN Number Florida Profit Corporation ' THOMAS MARINE CONSTRUCTION, INC. Filing Information Document Number F68794 FEI/EIN Number 59-2163377 Date Filed 02/25/1982 State FL Status ACTIVE Principal Address 8999 HIGH COTTON LANE FT MYERS,FL 33905 Changed:04/16/1986 Mailing Address 8999 HIGH COTTON LANE FT.MYERS,FL 33905 Changed:04/16/1986 gggistered Agent Name&Address SHIMP,KEVIN C 8999 HIGH COTTON LANE FT MYERS,FL 33905 Name Changed:01/02/2008 Address Changed:03/03/1989 Officer/Director Detail Name&Address Title President SHIMP,KEVIN C 8999 HIGH COTTON LN FORT MYERS, FL 33905 Title VP 118 STENEK,FRANK 300 IONIA AVENUE, NW GRAND RAPIDS,MI 49503 Title S SOLICH,LINDA 6999 HIGH COTTON LANE FORT MYERS,FL 33905 Title Treasurer LABARGE,JOHN 300 IONIA AVENUE, NW GRAND RAPIDS, MI 49503 Title VP Mabee,Mark D 8999 HIGH COTTON LANE FT.MYERS,FL 33905 Annual Reports Report Year Filed Date 2020 01/06/2020 2021 01/09/2021 2022 01/29/2022 Document Images Q 1929/2022—ANNUAL REPORT View image in PDF format 01/09/2021—ANNUAL REPORT View image In PDF format 91/06t2020—ANNUAL.REPORT View image In PDF format Q4r2Q 19—ANNUAL REPORT View image in PDF format 01;05,201 e—ANNUAL REPORT View image in PDF format 0 tiO4€2017—ANNUAL REPORT, View image in PDF format 01/25/2016—ANNUAL REPORT View image in PDF format 07 23i2015—ANNUAL REPORT View image in PDF format 01/02/2014—ANNUAL REPORT View image in PDF format 01rQ0,Q 13—ANNUAL REPORT View image in PDF format QI/43/2012—ANNUAL REPORT View image in PDF format 01t04i2011—ANNUAL REPORT View image in PDF format 01119i2010—ANNUAL REPORT View image in PDF format 04114/2009—ANNUAL.f3EEQRI View image In PDF format ii 2t2Q,Q@_ANNUAL REPORT View image in PDF format 04/20t2007—ANNUAL REPORT View image In PDF format 04/24/2006—ANNUAL REPORT View image in PDF format 04/11/2005—ANNUAL REPORT View image in PDF format lib ANNUAL,PEPOR' REP0R7' • NO 712 Or;1, ANNUAL,REPORT 04/2812000 ANNUAL REPORT' Vw P.,11i•17 View.magi in PDF forma! a.5olf1990,;„„.A.NNL)N,FK.PQRT, View image n PDF formai View irnagp PDF forwa: View image in POP forma: 0.4,70110,995 ANNu*,..REP,;')R:r View image fn pfl orme!' 11erity Company ID Number: 385562 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (OHS) and Thomas Marine Cunslruction, inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208. 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, 'Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Venfy program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13(E-Verify MOU for Employer I Revision Dale 09/01109 www.dhs.gov/E-Verify � 18 t�ri,lt,> r\V, tz.arc! '. -Ver _ Thomas Manre ,,w:r. Company Name: / EC.Construction Company 10 Number. 385582 Doing Business As(DOA) Name: DUNS Number. 028532935 Physical Location 'Nailing Address Address 1: G999 R! Address 1: ottonAddress 2: Address 2: City: Fort Myers City: State: FL State: Zip Code: 33905 rip Code: County: LEE Additional In€orno t,r>3,_ Employer Identification Nunber:592163377 Total Number of Employees: 20 to 99 Parent Organization_ Administrator Organization Designation. Employer Category: None of these categories apply NAILS Code: 237-HEAVY AND CIVIL View%Edit ENGINEERING CONSTRUCTION Total Hiring Sites: 1 View!Edit Total Points of Contacts View!Edit https://e-veri fy.uscis.gov/emp/EmployerW izard.aspx 9/29/2011 1 1 B Collier County 22-8020-ST Bridge Replacement Package D Emergency Bridge Service Plan Commentary of Past Experience: In May of 2015 Thomas Marine was contacted by Collier County to provide pricing and a timeline to perform and emergency repair on CR 846 Bridge#030137 that is included in the bridges now being replaced. FDOT had load rated the bridge with severe restrictions resulting in a 30+mile detour for agricultural harvest trucks and other heavy vehicles due to significant wooden pile deterioration. The county provided a rough sketch of a crutch bent solution. TMC was awarded the emergency work over two other teams based on price and our 14 day timeline. In 10 days total time,4 days earlier than promised,TMC was able to design an engineered solution, have the signed and sealed plan reviewed by staff, procure steel beams and piles, mobilize a crew and crane, drive piling with PDA, and install the designed bents. The 10 days included the Memorial Day holiday weekend. The plan developed at that time is attached for reverence. Timeline of Events: At the onset of this project Thomas Marine Construction will perform a detailed engineering inspection on the existing structure 034833 to identify risk and preventative measures necessary to avoid impacting the function of the existing bridges until their replacement by this project. During the project TMC will perform daily inspection to identify any changing status regarding the health of each existing structure. If an issue is identified four engineers are available to respond within 24 hrs,three of which are on TMC's staff. The 4th is a local structural engineering consultant. Presumably,this would occur at the first onset of an issue while the bridge is still serviceable. Because TMC's engineers are local as is our consultant and TMC's crew will be on site constructing the new structures (TMC employs a variety of bridge labor and constructors as well as owning all of the needed equipment)TMC response time is immediate and should result in no traffic restrictions. Contacted Agencies/Involvement: Given that a condition is identified that would cause the bridge to be temporarily load rated or traffic restricted,TMC would immediately notify Collier County Transportation Engineering starting with staff and including Matt Thomas and Jay Ahmad, PE. Following the department for which TMC is working, the agencies and operation below would be notified: Collier County Sherriff's Department, Collier County Emergency Medical Services, and Immokalee Fire Control District Station#30 and Station#31 Secondarily the below would be notified: �P• `t 116 Collier County Public Schools Transportation Department,major agricultural users, and major local trucking companies Note,TMC is a 40 year old local company operating in Collier County and specifically eastern Collier. We communicate with most, if not all,of the above entities often. Traffic Restriction Plan Note,traffic restrictions would be almost certainly avoided by daily inspection and early detection as noted above. In the unlikely event that traffic would be restricted by vehicle size/weight,TMC will employ variable message centers and maintain an on-site bilingual presence until the restriction is resolved. Proposed Alternatives for Traffic Restoration Alternative 1: Avoid any restriction as outlined above. Cost: None Alternative 2: Lateral Bracing similar to that being currently installed by TMC on CR 846,Gator Canal (plan attached) Cost: Minimal or incidental to construction. <$1k Alternative 3: Crutch bent installation similar to that performed on CR 846 Bridge#030137 (plan attached) Cost: <$10k Alternative 4: A wide variety of cast in place supplements or supports as have been installed on a wide variety of repair projects including pile jackets in the last 39 years. Cost: Difficult to determine, however, minimal because of on site labor,equipment, and material List of Potential Suppliers, Material, Equipment,and Engineering TMC's construction yard is approximately 60 miles(1 hour travel)from the jobsite. A wide variety of steel,concrete,and wooden pile,steel beam, reinforcing steel, and precast concrete units are available. Additionally,TMC owns a fleet of trucks with minimal delivery time. On the project TMC will have under contract concrete from Preferred Materials (30 miles away), reinforcing steel from CMC(60 miles away),and precast concrete piles and units from S and S Precast (34 miles away). Structural bracing is available (if TMC doesn't already have it)from Wood's Metals(60 miles away). Large structural beams and piling are available from Skyline Steel (Nucor) at their Orlando yard for next day delivery. TMC owns a fleet of cranes,excavators large and small, loaders,graders,dozers,pile hammers, and specialty equipment that will either be on site or within 12 hrs from arriving. Additionally,TMC retains lines of credit at several rental operations and maintains relationships with other capable area contractors. TMC's engineers are as follows and are immediately available. Kevin Shimp, PE, Civil Engineer,TMC President Mark Mabee, Civil Engineer,TMC Vice President Darren Watkins, El, Civil Engineer,TMC General Superintendent The following consulting engineer is available within 24 hrs. Ralph Verrastro, PE,Structural engineer, KCI* *Mr Verrastro has already conducted significant engineering field review of each bridge covered in this contract.TMC and KCI partner often to offer Design Build Construction Services. I, 1b r \4 + ' . a n _ _ " i .. 5 - € jy .� oxxx 5_ 1h 44! ; ., [- i v 1 V O 1 i V f u R $: o k 5I t � 'fin- w 2 t-iti g ti .emu :u. W q" $ _ 2t " 3 X ^ V 4_ ... IV jr. 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'- o-4 I • ..""'", • ::: '...?: : :: ,..,I ...zz,. .1 1........_ ,o '— " '..;. 4!-• ..-1 . ':i' :1';''i'' . - . 7 rm L___ ::', z ... • . , , 4.,,,. ,7 . • ri.• "--- X- 1 '' ._4____ 12' kit°1,iiJ1—c7'2 ...., 7. • , . . , w — t • u : . • .„.. z . ... —I ; • _w — Ze r. .....1 1 .:.'D , • *..1 . _,.... : m — C"---) m •i, , ,,, ,.‘ -.......D I- II . .1. , .., _ -- -- -.,. CZO ,i,:.•A 1 !I zi , 14::,•& 4? lei.i1T14 i i 1---- 1 1 . .,---, . , ' I •••4' 1: t........._„. ..ki * 4w 'k. : "O.•) : - - •,:, i * . x 4••• 0 '. i 0 . — i__.* ! f 1 • z 1 Li., :1 -. .., tr) vi 1.• -,.... e 2 ! ti i (t1 •. LI ..s. • 3; ! Lai 1.--1 1------- t. t . . I 0 ••• —— • C''') 1 18 F D 07T ....... .---- .. Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W.PERDUE,P.E. GOVERNOR Tallahassee,FLL, 32399-0450 SECRETARY April 18, 2022 THOMAS MARINE CONSTRUCTION, INC. 8999 HIGH COTTON LANE FT. MYERS, FLORIDA 33905 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FDOT APPROVED WORK CLASSES: BASCULE BRIDGE REHABILITATION, BRIDGE PAINTING, DRAINAGE, GRADING, INTERMEDIATE BRIDGES, MINOR BRIDGES, R&R INTERMEDIATE BRIDGES ("R&R" IS REPAIR AND REHABILITATE), R4R MAJOR BRIDGE - BRIDGES OF CONVENTIONAL CONSTRUCTION WHICH ARE OVER A WATER OPENING OF 1,000 FEET OR MORE, R&R MINOR BRIDGES, SIDEWALK, STEEL SHEET PILING, COFFER DAMS. Unless notified otherwise, this Certificate of Qualification will expire 6/30/2023. In accordance with Section 337.14(4), Florida Statutes, changes to Ability Factor or Maximum Capacity Rating will not take effect until after the expiration of the current certificate of prequalification (if applicable) . In accordance with Section 337.14(1), Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial. statements. If the company's maximum capacity has been revised, it may be accessed 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. The company 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 the 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 the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), E.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, 9a,ht , c'77-- .1, c44( �y Alan Aut_y, Manage: "4'Contracts Administration Office AA:cg Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov CAC 11B raj .0 .44444 O c i cu 44,4 Q z 4-4 J o �, p w p = -a 1 Lc: LE in J v Z 0 Q � � v in V.) 00 w r. O c1` � v V) Z cd 0 o ' M u >, m" L,L `J LU w < i- 1 V U O w ; � > r� ;F N c c LL O a Ce 4. p Z .4i , rm. . LL co � > Z CO n s ' .('" I do ''' , u Um QU) w `1l W U ilii I _ Q 4 O O = L Ll! " ' 1-1-1W H c ID c Z Q C n O LU VI o 1 F- Z - ` ,QW z rti ° F- Z Z U H O0 .� F= ZO . s: V c Z.,.., © C o co m U z , " X > 0 O7 : r w a W Z 0 � 2 S w °- .L (' 1~ H ra o W H cx CI • - i ,414 4 lil* l ''' ..4 ‘... ) 118 =Lr �y .Z 0 .. 41 u O�LL 1 ar- WIMP 0 f. E u w 0 2 •0 H vi LiJ t^ r1.�. Eft'' .T"l; N co fe "F"dT :I Yip D J.+ O i. ,• ! ?+'oakis 1 . r ,pet W ;� °a: ,�< a, t ,W E L La, e "' ,�.' �� 'LL o u O in 0 ilqic. CV ' a? O ...., r`+. ,h. v � ' 4 j' E. '� Q0 co Ii *' x = a g tX1 0 0 ac, > n- d Ce col w L cC I— ro 0 a 0 s c F- CC `k 4 1 .1216',4` tir , .!��,� 1 r ;; 116 Form YY s� Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. t Name(as shoe..n on your income tax return) Name is required on this line;do not leave this line blank. Thomas Marine Construction,Inc. 2 Business name/disregarded entity name,if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the ;4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see a instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑Trust/estate rn single-member LLC c Exempt payee code(if any) ri▪ e; ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► p 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting C. w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code if an ) ar another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( y O. 9 is disregarded from the owner should check the appropriate box for the tax classification of its owner 'V ❑ Other(see instructions) (Applies to accounts meinlelned outside the U.S) ► N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 8999 High Cotton Lane 6 City,state,and ZIP code Fort M ers,FL 33905 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.i ,soeFor individuals,tror this is generallyy your social ru security number(Satyr.However,for a -LEI - --I-- resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. I 5 9 -1 2 1 6 3 3 7 7 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not regyu to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of / Here U.S.person I. Date► l I �S'1 01,0v( General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revrir ue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. / proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) CP�t� I 18 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category To Be Determined Construction Superintendent Mark Mabee Project Manager 10 Construction Services Agreement-LAP:[2022_ver.1] 116 EXHIBIT B-1: PUBLIC PAYMENT BOND CITB#22-8020 Bond No, 107618931 Contract No. 22-8020 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction,Inc. 8999 High Cotton Lane,Fort Myers,FL 33905 , as Principal, and Travelers Casualty Sr Surety Company of America , as Surety, located at One'lower Square, Hartford, CT 06183 (Business Address) are held and firmly bound tocollier County Board of County Commissioned Obligee in the sum of Three million one hundred thirty two thousand five dollars and 95/100($ 3,132,005.95 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of Ff./art./ay-1 2023, with Obligee forBridge Replacement-Package D-1 Brii�ge-rmmokalee Road Bid No.22-8020-Sf1 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 20th day of Jan. 2023, 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-LAP:[2022 ver.1] , i 118 Signed, sealed and delivered in the presence of: PRINCIPAL Do-- �:.=: Thomas Marine Construction,Inc. BY: I esses as to Principal NAME: Kevin C. im ITS: STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this 23rd day of January , 2023, by _ Kevin C. Shimp ,as President of Thomas Marine Construction,Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. /. My Commission Expires: CDIAA- - 414;41 February 5, 2023 (Signature of Notary Public) LINDASOLICH NAME: Linda Solich . Commission#GG 272882 . � Expires February 5,2023 (Legibly Printed) ''FOR t;;,,• Bonded Thru Troy Fein Insurana800-3$5-7019 A (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: GG272882 ATTEST: SURETY: Travelers Casualty&Surety Company of America (Printed Name) One Tower Square w Hartford,CT 06183 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Constriction Services Agreement-LAP:[2022_ver.1J C t~ 118 OR As Attorney in Fact (Attach Power of Attorney) David J. Hop Linda DeVries Witnesses (Printed Name) EPIC Insurance Brokers&Consultants 560 5th St.,NW,Ste.202 Grand Rapids,MI 49504 (Business Address) 616-600-9677 (Telephone Number) STATE OF MI COUNTY OF Kent The foregoing instrument was acknowledged before me by means of Q physical presence or 0 online notarization, this 20th day of Jan. , 2023, by Linda DeVries as Attorney-In-Fact of Travelers Casualty&Surety Company of America a CT corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath. � 'G� My Commission Expires: '` gC 7 ____ (Signature of Notary Pul:ai:? Name: Patricia A.Zuk (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: MI Commission No.: PATRICIA A.ZUK NOTARY PUBLIC•STATE OF MICHIGAN COUNTY OF KENT My Commission Expires F uary 15, 28 Acting in the County of 2,vt/ 13 Construction Services Agreement-LAP:12022_ver.1] 118 EXHIBIT B-2: PUBLIC PERFORMANCE BOND CITB#22-8020 107618931 Bond No. Contract No. 22-8020 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction,Inc. 8999 High Cotton Lane,Fort Myers,FIA390frincipal, and Travelers Casualty&Surety Company of America as Surety, located at One Tower Square,Hartford,CT 06183 (Business Address) are held and firmly bound to Collier County Board of County Commissioners , as Obligee in the sum of Three million one hundred thirty two thousand five dollars and 95/100 ($ 3,132,005,95 )for the payment whereof we bond ourselves,our heirs, executors, personal representatives, successors and assigns,jointly and severally. 44-1 WHEREAS, Principal has entered into a contract dated as of the I`( day of 2023, with Obligee for Bridge Replacement Package D- 1 Bridge- hnmokalee Road Bid No.22-8020-ST 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 20th day of Jan. ,2023, 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-LAP:[2022_ver.1) 118 Signed, sealed and delivered in the presence of: PRINCIPAL Thomas Marine Construction, Inc. BY: Wi esses as to Principal Kevin C Shimp NAME: _ ITS: Presi t _ _T STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me by means of ® physical presence or online notarization, this 23rd day of January 2023, by Kevin Shimp__.__.._.._ .__�.___.._.. ___ -.-.------ as President of Thomas Marine Construction,Inc , a Florida corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: February 5 Q23 (Signature of Notary Public) rur�. ,1P.,Pt ; LINDDASOLICN Name: Lin a Solich '.x Comrnissien: GG 2.72382 ;.,7.� Expires February 5,2023 (Legibly Printed) .'FoF;°•' Bondad'Mu Troy Fain Insurance 300-385-7019 Florida (AFFIX OFFICIAL SEAL) Notary Public, State of: _ Commission No.: GG272882 15 Construction Services Agreement-LAP:12022 ver.lj 118 ATTEST: SURETY: Travelers Casualty&Surety Company of America (Printed Name) One 1 ower Square Hartford,(...1 06183 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR c)ceALde9 -6)4)9 As Attorney in Fact (Attach Power of Attorney) David J.Hop Linda DeVries Witnesses (Printed Name) EPIC Insurance Brokers&Consultants One Tower Square Hartford,CT 06183 (Business Address) 616-600-9677 (Telephone Number) STATE OF MI COUNTY OF Kent The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this 20th day of Jan. 2023, by Linda DeVries as Attorney-In-Fact of Travelers Casualty&Surety Company of America CT corporation, on behalf of the corporation. He/she is personally known to me OR has produced personally known as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public) Patricia A.Zuk (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: MI Commission No.: PATRICIA A.ZUK NOTARY PUBLIC-STATE OF MICHIGAN 16 COUNTY OF KENT Construction Services Agreement-LAP:[2022_ver.1) My Commission Expires February 15,2028 Acting in the County of K_Ldi-(—- 1 18 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Linda DeVries of GRAND RAPIDS , Michigan , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 4,00,14,1".241*4_ ct,5,,,VI A Art rOf a.st caw }e HARTFORo, < CO Get 1 ! COH1+' � 6 • r State of Connecticut By: , City of Hartford ss. Robert L.Raney enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 14. 1,0r�.RY �� L� / My Commission expires the 30th day of June,2026 � +lei , l,� r, ? tf Anna P.Nowik,Notary Public c This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 20th day of January , 2023 � yr�TY Arya J/ m 3'f14RTr po a HARTFORD. C x" rl CONN. W cow; o , v9 yA, 9.\ '�i 1 Air S ! Kevin E.Hughes,Ass! tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. 8 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. 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 17 Construction Services Agreement-LAP:[2022_ver.1] 11B 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-LAP:[2022_ver.11 S 118 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 $_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. The General Aggregate Limit Shall be endorsed to apply per project. 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 ❑ Watercraft $ Per Occurrence noted: ❑ United States i ongshn an's and Tea borworlrar�s Art coverage shall he a $ Per Occurrence completion of the work $ Per Occurrence $ Per Occurrence ❑P-ellutk en ® Professional Liability $_1,000,000_Per claim &in the aggregate ❑Project Professional r iability $ Par Occurrenrce 0 $ Per Osc►r-ren-ec ❑Cyher Lability $ Par Occurrence ❑Te'cTechn' `ter S Per Occurrence S 118 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. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG—6/23/22 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. CA)) I16 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.: 19 Construction Services Agreement-LAP:[2022_ver.1] I 1 8 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 @5%through $ Retainage @ 5% through [Insert $ [Insert Date] date] Retainage @ % $ Less Retainage $ after[Insert date] Total Earned Less Retainage $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Project Manager Name: Signature: Date: 20 Construction Services Agreement-LAP:[2022_ver.1] tlB EXHIBIT D(Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL NUMBER VALUE MATERIALS COMPLETE)COMPLETE TO RNISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPUCATIONS THIS 8 STORED Ireaueea ratel WITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS "Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue comes 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. 21 Construction Services Agreement-LAP:[2022_ver.1] 1 1 B Exhibit D (Continued) Stored Materials Record Formula:A+ B -C- D= E A B C D E Balance Invoice Previously Received Previously Installed To Date Description Supplier Number Received This Period Installed This Period Install 22 Construction Services Agreement-LAP:[2022_ver.1] 118 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*: Change*: Purchase Order*: Project*: ContractorjFirri Name: Project Name: Project Mane ger Name Department: Criginal CcntractWerk abet Amount :D i?giral BCC Approval Dale;Agenda Item# Current BCC Approved Amount Last 9CC Approval Date: Agenda Item# Current Cent acbW uk Order Amount SAP Contract Expirsticn Date(hater) Dollar Amount of this Change #0IVi0! Total Change from Original Amount Revised Ccntrect'Wlor*Order Total ., 0.00 *DIVi0! Change from Ctrrent BCC Appsevx•ed'Amount Cumulative Changes S 0.00 *0I1110! Change fr.mCurrentAmount Completion Date,Description of the Tasks)Change,and Rationale for the Change Notice to Procee Original I Last Approved Revised Date Date Completion Dat Date t>ry^ 3 tzcane) *ofDaysAdded SelectTasks l0 Add new task(s) 0 Delete task's) DChangetask(s) 0 Other;seetraaw,: Provide a response to the following:1.)detailed and specific explanationfrationale of the requested changes)to the task(s)and!'or the additional days added jif requested);2.)why this change was not included in the original contract;and,3.)describe the impact if this change is not processed. An act additional information from the Design Professsaral ardor Contractor if retied. Prepared by: Dale: (Project Manager Name arc!Deparmert) Acceptance of this Charge_Order s hail cons/rue a modification to contract 1 work order identified above and will be subject to alit re same terms and canditiass as contained in the core ract•wark order indicated above,as fully as rf the same**restated Mlles acceptance.The adjustment,if any,to the Contract s hall constitute a full and final settlement of any and all claims of the Coaster/Vendor'Consultant' Design Profess local arising out of or related to the c harge set forth herein,includhig claims for impact and delay costs. Accepted by: Date: (Core motor 5 Vendor r Cons utanEt i Des age Professional arc Name of Firm if project applicable) Approved by: Date: (Design Profes s ional and Name of F inn,if project applicable) Approved by: Date: (Procurement Professional m se:a • .. c1,1S °:. 10 S v1» 23 Construction Services Agreement-LAP:[2022_ver.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: 24 Construction Services Agreement-LAP:[2022_ver.1] I18 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 25 Construction Services Agreement-LAP:[2022_ver.1] €__A":?)S 116 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) 26 Construction Services Agreement-LAP:[2022_ver.1] 11B 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. 27 Construction Services Agreement-LAP:[2022_ver.1] I 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 28 Construction Services Agreement-LAP:[2022_ver.1] it limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing,the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit 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 29 Construction Services Agreement-LAP:[2022_ver.1[ liB stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage 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. Any interest earned on retainage shal accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval,a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 30 Construction Services Agreement-LAP:[2022_ver.11 IIB 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. 31 Construction Services Agreement-LAP:12022_ver.1] 118 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 32 Construction Services Agreement-LAP:[2022_ver.1] 118 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 33 Construction Services Agreement-LAP:[2022_ver.1] 118 (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: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequesta( ..colliercountyfl.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. 34 Construction Services Agreement-LAP:[2022_ver.1] I 1 8 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 35 Construction Services Agreement-LAP:[2022_ver.1] 1 1 Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. 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 subject to limitations markup and terms as defined in specifications section 4-3.2.1 Allowable costs for Extra Work and 4-3.2.2 Subcontracted Work. 10.5 Owner, or any duly authorized agents or representatives of the County, 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 Payment Application, 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. 10.8 All change orders will require review and approval by FDOT. 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 ten (10) 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 36 Construction Services Agreement-LAP:[2022_ver.1] CA,;� 118 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. 37 Construction Services Agreement-LAP:[2022_ver.1] CA':i 118 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 the Insurance and Bonding Requirements form 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, including the requirements set forth in Florida Statute, §448.095. 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. 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. 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. 38 Construction Services Agreement-LAP:[2022_ver.1] z18 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. 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. 39 Construction Services Agreement-LAP:[2022_ver.1] 118 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. 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 40 Construction Services Agreement-LAP:[2022_ver.1] CA0i 1 18 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 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 41 Construction Services Agreement-LAP:[2022_ver.1] 1 1 B 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. 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. 42 Construction Services Agreement-LAP:[2022_ver.1] 18 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 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. 43 Construction Services Agreement-LAP:[2022_ver.1] tiB 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 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 44 Construction Services Agreement-LAP:[2022_ver.11 I 1 8 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 shal 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. 26. EMERGENCIES. 45 Construction Services Agreement-LAP:[2022_ver.1] I, B 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. 46 Construction Services Agreement-LAP:[2022_ver.1] 118 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 47 Construction Services Agreement-LAP:[2022_ver.1] I 1 8 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"). 48 Construction Services Agreement-LAP:[2022_ver.1] 11B 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, sequenang 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. 49 Construction Services Agreement-LAP:[2022_ver.1] CSC.' tl8 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. 50 Construction Services Agreement-LAP:[2022_ver.1] 0 118 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 51 Construction Services Agreement-LAP:[2022_ver.1] 18 to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required,Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and 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 52 Construction Services Agreement-LAP:[2022_ver.1] 118 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. 53 Construction Services Agreement-LAP:[2022_ver.1] II EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 54 Construction Services Agreement-LAP:[2022_ver.1] 118 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS FEDERAL HIGHWAY ADMINISTRATION—CFDA 20.205 CONTRACT PROVISONS ASSURANCES 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. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor 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. Page 1 & 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS ASSURANCES The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this engagement only. Bonding Upon award,furnish to the Agency, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Agency. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Agency, and has the Agency's approval. Ensure that the surety's resident agent's name, address and telephone number is clearly stated on the face of the Contract Bond. Buy America and Foreign Contractor and Supplier Restriction Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size,or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or$2,500,whichever is greater.These requirements are applicable to all steel and iron materials incorporated into the finished work but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron,or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at$ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project.When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. Certification of Current Capacity The contractor must certify that he/she has the financial capacity to complete the project. See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 525-010-046. Change Orders See Exhibit H: General Terms and Conditions: Section 10; Changes in the Work, Article 10.2 Change Order Claims See Exhibit H: General Terms and Conditions: Section 11; Claims and Disputes Conflict of Interest The Recipient shall insert in all contracts entered in connection with the Project or any property included or planned to be included in any Project,and shall require its contractors to insert in each of their subcontracts, the following provision: Page 2 L1 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS "No member,officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. Disadvantaged Business Enterprise Program(7-24) 7-24.1 [removed per strike outs] 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non-responsible." 7-24.3 [removed per strike outs] 7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments-at or before the Pre-Construction Conference. 2. Report monthly,through the Equal Opportunity Compliance System on the Department's Website, actual payments(including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE)subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4.the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work)will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. Page 3 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS 3.When the DBE subcontracts part of the work of its contract to another firm,the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.4.When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5.The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract,for negotiating price, determining quality and quantity,ordering the material, and installing (where applicable) and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. 9.A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30%of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved,the DBE has not performed a commercially useful function. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. Discriminatory Vendors List(LAP Agreement) 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. E-Verify The Contractor shall utilize the U.S. Department of Homeland Security's EVerify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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. The Website for E-Verify is: http://www.uscis.qov/e-verify Equal Employment Opportunity Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex,or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment,without regard to their age, race, religion,color,national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Page 4 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer(hereinafter referred to as the EEO Officer)who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees, the notation, "An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: a. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. c. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence, if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. d. Investigate all complaints of alleged discrimination made in connection with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation, inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: a. The number of minority and non-minority group members employed in each work classification on the project. b. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole, or in part, on unions as a source of their work force). c. The progress and efforts being made in locating, hiring, training qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. d. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Federal Highway Administration. Upon request, submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by this Contract work. Page 5 . iI EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS Equipment Rental Rates For any machinery or special equipment(other than small tools), including fuel and lubricant,the Contractor will receive 100%of the"Rental Rate Blue Book"for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition(as of the date the work to be performed begins)of the"Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment,"whichever is applicable, as published by_Machinery Information Division of PRIMEDIA information, Inc. (version current at the time of bid), using all instructions and adjustment contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: a. Allowable Hourly Equipment Rate= Monthly Rate/176 x Adjustment Factors x 100%, b. Allowable Hourly Operating Cost= Hourly Operating Cost x 100%. c. Allowable Rate per Hour=Allowable Hourly Equipment Rate+Allowable Hourly Operating Cost. d. Standby Rate=Allowable Hourly Equipment Rate x 50%. The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight hours or more. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. FHWA FORM 1273 The FHWA 1273 Electronic Version, dated July 05, 2022 is posted on the Department's website at the following URL address: Required Contract Provisions- Federal-Aid Construction Contracts (ky.gov) Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a),include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at(850)414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. Foreign Contractor and Supplier Proposal may not limit this project to domestic-owned contractors only. Incentive/Disincentive Clauses(Project Specific) Provision excluded from this contract. Indemnification and Insurance County agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants(each referred to as"Entity"for the purposes of the below indemnification) who perform work in connection with this Agreement: Page 6 � 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the County and the State of Florida, Department of Transportation,including the Department's officers,agents,and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or the County's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the County for the negligent acts or omissions of the County, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by[ENTITY]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." The County shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least$200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The County shall also or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. Indian Preference on Federal-aid Projects(Labor& Employment) Provision excluded from this contract. Inspector General The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. "(5) It is the duty of every state office,employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review or hearing pursuant to this section. Liquidated Damages See Construction Agreement: Section 5B-Liquidated Damages in General Local/State Hiring Preference Provision excluded from this contract. Method of Bidding See General Bid Instructions- Section 12 Award of Contract, Article, 12.2 Statement of Award Off-site Storage and Staging Areas Contract/Bid must include references to the FDOT's Division 1 Standard Specifications for Local Agencies to ensure compliance of the Contractor's proposed staging/storage area with the Endangered Species Act, Section 4F and Section 106 of the Code of Federal Regulations. Required Sections 7-1.4 and 7-1.8 of FDOT's Division 1 Standard Specification that are included in FDOT's Division 1 specification package for Local Agencies on the FDOT Specs on the Web page. Those Specs are detailed below. Page 7 118 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations:The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department's investigation determines that there is a potential impact to a protected, threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed on the plans or in permits as identified in 7-2.1. In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries,the Department has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address: https://fdotwww.blob.core.windows.net/sitefi nits/docs/default- source/proqrammanaqement/implemented/urli nspecs/files/endangeredwildlifequideli nes.pdf?sfvrsn=e27b af3f 2. Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Provide this notification sufficiently in advance of planned commencement of the off-site activity, to allow a reasonable period of time for the Engineer to conduct an investigation without delaying job progress. Do not perform any off-project activity without obtaining written clearance from the Engineer. In the event the Department's investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off-project activities. 7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f)of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off-project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area,wildlife or waterfowl refuge, or a historic site(according to the results of the Cultural Resources Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity,the Financial Project ID,the location of the site by township, range,section, a county or city map showing the site location and including the access route and the name of the property. It is the Contractor's responsibility to provide justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Provide this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off-project activity without obtaining written clearance from the Engineer On-The-Job Training Requirements (7-25) As part of the Contractor's equal employment opportunity affirmative action program,training shall be provided as follows: The Contractor shall provide On-The-Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the Page 8 I 1B EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract,the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: a. No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 0 Over$2,000,000 to$4,000,000 2 Over$4,000,000 to$6,000,000 3 Over$6,000,000 to$12,000,000 5 Over$12,000,000 to$18,000,000 7 Over$18,000,000 to$24,000,000 9 Over$24,000,000 to$31,000,000 12 Over$31,000,000 to$37,000,000 13 Over$37,000,000 to$43,000,000 14 Over$43,000,000 to$49,000,000 15 Over$49,000,000 to$55,000,000 16 Over$55,000,000 to$62,000,000 17 Over$62,000,000 to$68,000,000 18 Over$68,000,000 to$74,000,000 19 Over$74,000,000 to $81,000,000 20 Over$81,000,000 to$87,000,000 21 Over$87,000,000 to$93,000,000 22 Over$93,000,000 to$99,000,000 23 Over$99,000,000 to $105,000,000 24 Over$105,000,000 to$112,000,000 25 Over$112,000,000 to$118,000,000 26 Over$118,000,000 to$124,000,000 27 Over$124,000,000 to$130,000,000 28 Over$130,000,000 to *One additional trainee per$6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting.Within ten days after the Post- Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On-The-Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: 1. When a start date on the approved On-The-Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary Termination Page 9 I I B EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees, over the established number for this Contract,will be carried in a"bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked" trainee is described as an employee who has been trained on a project, over and above the established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section.Accordingly,the Contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non-minority male is enrolled into the On-The-Job training Program, the On-The-Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in pursuance thereof,prior to a determination as to whether the Contractor is in compliance with this Section.This training is not intended, and shall not be used,to discriminate against any applicant for training,whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status or have been employed as a journeyman. The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post- Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is Page 10 11@ EXHIBIT I -SUPPLMENTAL TERMS AND CONDITIONS being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract.Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On-The-Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for"banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects;voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training.The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On-The-Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee.The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub-phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On-The-Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. Owner Force Account/Cost-Effective Justification Provision excluded from this contract. Page 11 118 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS Patented/Proprietary/Sole Sourced Materials The Owner certifies that neither patented nor proprietary material are required or specifically named in the specifications to be used for this project. Prequalification Programs for Contractors A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System(SHS)in excess of$250,000 must be certified by the Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and will be REJECTED. Wage Rates for the Federal-Aid Proiects Be familiar with the legal requirements and responsibility to the public over wage rates for Federal—Aid Projects. For LAP construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a case-by-case basis upon review and approval from the Florida Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) FL20220163, as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable. Obtain the applicable General Decision(s) (Wage Tables)through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineer's Office. For guidance on requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Construction Home (fdot.qov) Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Wage Rate Coordinator, at (850) 414-4492 or WD.Conformance(a dot.state.fl.us, if the Department's website Federal-Aid Proiect Wage Rate Details (fdot.qov) cannot be accessed or there are questions. Progress Payments See Exhibit H: General Terms and Conditions—Section 4; Progress Payments Prohibition against Convict Produced Materials Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: 1. Materials produced by convicts on parole, supervised release, or probation from a prison; or 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12- month period ending July 1, 1987. Page 12 118 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with, or bid on, construction projects against the private sector. Prohibited Interest(LAP Agreement) No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. Publicly-Owned Equipment The County does not allow Contractors the use of publicly owned equipment. Salvage Credits Provision excluded from this contract. Standardized Changes Conditions Contract Clauses Differing site conditions: I. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. II. Upon written notification,the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. III. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. IV. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer: I. If the performance of all, or any portion, of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay,the contractor shall submit to the engineer, in writing, a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. II. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract, in writing, accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. III. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. Page 13 Ct''.i EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS IV. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. I. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. II. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit,will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for, or against, the contractor in such amount as the engineer may determine to be fair and equitable. III. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. IV. The term"significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. State(Florida or other) Produced Materials Provision is excluded from this contract. State/Local Owned/Furnished/Designated Materials Provisions are excluded from this contract. All materials required for this project shall be furnished by the contractor. Projects located on the National Highway System shall require FHWA approval for direct purchase of materials. Subcontracting FHWA 1273 requires the prime contractor to perform 30%on Federal-aid roadways. See Exhibit H: General Terms and Conditions—Section 33; Subcontracts. See Exhibit I: Supplemental Terms and Conditions, Federal Certifications and Assurances, Item#10 FDOT Form 700-010-36 Page 14 118 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS Termination of Contract See Exhibit H: General Terms and Conditions Section 18; Termination for Default Section 19;Termination for Convenience and Right of Suspension Time Extensions See Exhibit H: General Terms and Conditions—Section 9; Contract Time and Time Extensions Title VI Assurance—DOT 1050.2A, Appendix A and Appendix E The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act,Collier County hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. 7-31.1 Appendix A: During the performance of this Contract,the contractor,for itself, its assignees, and successors in interest (hereinafter referred to as the"Contractor") agrees to the following: 1. Compliance with Regulations: The Contractor shall comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation("USDOT")Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors. This includes obtaining materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives. He/she shall also permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Collier County and the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation,the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, Collier County will impose contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate. Sanctions may include, but are not limited to: Page 15 1. 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS a. withholding of payments to the Contractor under the contract until the Contractor complies; and/or, b. cancellation,termination or suspension of the contract in whole, or in part. 6. Incorporation of Provisions: The contractor shall include the terms of paragraphs(1) through (6)in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor shall take action on any subcontract or procurement that Collier County or the Florida Department of Transportation, the County or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration directs in order to enforce provisions including sanctions for non-compliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7-31.2 Appendix E: 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: 1.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); and 49 CFR Part 21; 2. 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 of Federal or Federal-aid programs and projects); 3. Federal-Aid Highway Act of 1973, (23 U.S.0§324 et seq.), (prohibits discrimination on the basis of sex); 4. 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; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7.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); 8. Titles II and III of the Americans with Disabilities Act, which prohibits 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 C.F.R. parts 37 and 38; 9. 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); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Page 16 11B EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS 11. 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); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination based on sex in education programs, or activities (20 U.S.C. 1681 et seq.). Warranty See Exhibit H: General Terms and Conditions—Section 21;Warranty Page 17 LIB EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS THE CONTRACTOR CERTIFIES THE FOLLOWING STATEMENTS: Lobbying FDOT Forms 375-030-33 and 375-030-34 See Exhibit I:Supplemental Terms and Conditions,Federal Contract Provisions and Assurances "The undersigned hereby certifies,to the best of his or her knowledge and belief, that: (a)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 either directly or indirectly an officer or employee of any state or federal 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. (b) 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-L"Disclosure Form to Report Lobbying", in accordance with its instructions. (c)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 section 1352,title 31, US Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." Non-Collusion FDOT Form 575-06-013 See Exhibit I:Supplemental Terms and Conditions,Federal Contract Provisions and Assurances The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association,or corporation submitting the bid certifying that such person,firm,association,or corporation has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action,in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. Suspension and Debarment FDOT Form 375-030-32 See Exhibit I:Supplemental Terms and Conditions, Federal Contract Provisions and Assurances "The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; 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) is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this certification; and (d) has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Page 18 ! 18 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS FHWA FORM 1273 See following pages for this document. Page 19 118 FHWA-1273--Revised July 5,2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments,withholding of final VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor:During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,Subpart A,Appendix A;EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23,United States construction contracts and to all related construction Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246,41 CFR 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order,rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C.140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders,rental 21,26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S.Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. Page 20 118 1.Equal Employment Opportunity:Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4.Recruitment:When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation:"An Equal Opportunity Employer." All such are incorporated by reference in this contract.In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer;recruitment or recruitment compliance with EEO contract provisions. Where advertising;layoff or termination;rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates training." Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading, staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve women. such complaints,and will take appropriate corrective action Page 21 f:.i§." 118 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/ applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations,the would cause an undue hardship. contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race,color,religion,sex,sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors,including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C.140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers,and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions:If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color,national origin,or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract,which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to: EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments; union will be contractually bound to refer applicants without (2)Assessing sanctions; regard to their race,color,religion,sex,sexual orientation, (3)Liquidated damages;and/or gender identity,national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts,fill the employment vacancies without regard to race,color,religion,sex,sexual a. The records kept by the contractor shall document the orientation,gender identity,national origin,age,or disability; following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide Page 22 118 (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C.167. classification on the project; (2)The progress and efforts being made in cooperation The following provisions are from the U.S.Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. All laborers and mechanics employed or working upon report to the contracting agency each July for the duration of the project indicating the number of minority,women,and non- the site of the work,will be paid unconditionally and not less minority group employees currently engaged in each work often than once a week,and without subsequent deduction or classification required by the contract work. This information is rebate on any account(except such payroll deductions as are to be reported on Form FHWA-1391. The staffing data should permitted by regulations issued by the Secretary of Labor represent the project work force on board in all or any part of under the Copeland Act(29 CFR part 3)),the full amount of the last payroll period preceding the end of July. If on-the-job wages and bona fide fringe benefits(or cash equivalents training is being required by special provision,the contractor thereof)due at time of payment computed at rates not less will be required to collect and report training data. The than those contained in the wage determination of the employment data should reflect the work force on board during Secretary of Labor which is attached hereto and made a part all or any part of the last payroll period preceding the end of hereof,regardless of any contractual relationship which may July. be alleged to exist between the contractor and such laborers and mechanics. III.NONSEGREGATED FACILITIES Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon This provision is applicable to all Federal-aid construction Act on behalf of laborers or mechanics are considered wages contracts and to all related construction subcontracts of more paid to such laborers or mechanics,subject to the provisions than$10,000. 41 CFR 60-1.5. of paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not As prescribed by 41 CFR 60-1.8,the contractor must ensure less often than quarterly)under plans,funds,or programs that facilities provided for employees are provided in such a which cover the particular weekly period,are deemed to be manner that segregation on the basis of race,color,religion, constructively made or incurred during such weekly period. sex,sexual orientation,gender identity,or national origin Such laborers and mechanics shall be paid the appropriate cannot result. The contractor may neither require such wage rate and fringe benefits on the wage determination for segregated use by written or oral policies nor tolerate such use the classification of work actually performed,without regard to by employee custom. The contractor's obligation extends skill,except as provided in 29 CFR 5.5(a)(4).Laborers or further to ensure that its employees are not assigned to mechanics performing work in more than one classification perform their services at any location under the contractor's may be compensated at the rate specified for each control where the facilities are segregated. The term"facilities" classification for the time actually worked therein:Provided, includes waiting rooms,work areas,restaurants and other That the employer's payroll records accurately set forth the eating areas,time clocks,restrooms,washrooms,locker time spent in each classification in which work is performed. rooms and other storage or dressing areas,parking lots, The wage determination(including any additional classification drinking fountains,recreation or entertainment areas, and wage rates conformed under paragraph 1.b.of this transportation,and housing provided for employees. The section)and the Davis-Bacon poster(WH-1321)shall be contractor shall provide separate or single-user restrooms and posted at all times by the contractor and its subcontractors at necessary dressing or sleeping areas to assure privacy the site of the work in a prominent and accessible place where between sexes. it can be easily seen by the workers. IV. DAVIS-BACON AND RELATED ACT PROVISIONS b.(1)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the This section is applicable to all Federal-aid construction contract shall be classified in conformance with the wage projects exceeding$2,000 and to all related subcontracts and determination.The contracting officer shall approve an lower-tier subcontracts(regardless of subcontract size),in additional classification and wage rate and fringe benefits accordance with 29 CFR 5.5. The requirements apply to all therefore only when the following criteria have been met: projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. (i)The work to be performed by the classification This excludes roadways functionally classified as local roads requested is not performed by a classification in the wage or rural minor collectors,which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a determination;and project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples (ii)The classification is utilized in the area by the include:Surface Transportation Block Grant Program projects construction industry;and funded under 23 U.S.C. 133[excluding recreational trails projects],the Nationally Significant Freight and Highway Page 23 1 18 (iii)The proposed wage rate,including any bona fide including apprentices,trainees,and helpers,employed by the fringe benefits,bears a reasonable relationship to the contractor or any subcontractor the full amount of wages wage rates contained in the wage determination. required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or (2)If the contractor and the laborers and mechanics to be helper,employed or working on the site of the work,all or part employed in the classification(if known),or their of the wages required by the contract,the contracting agency representatives,and the contracting officer agree on the may,after written notice to the contractor,take such action as may be necessary to cause the suspension of any further classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of payment,advance,or guarantee of funds until such violations have ceased. the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,U.S. Department of Labor,Washington,DC 20210.The 3. Payrolls and basic records(29 CFR 5.5) Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action a. Payrolls and basic records relating thereto shall be within 30 days of receipt and so advise the contracting maintained by the contractor during the course of the work and officer or will notify the contracting officer within the 30-day preserved for a period of three years thereafter for all laborers period that additional time is necessary. and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of (3)In the event the contractor,the laborers or mechanics each such worker,his or her correct classification,hourly rates to be employed in the classification or their representatives, of wages paid(including rates of contributions or costs and the contracting officer do not agree on the proposed anticipated for bona fide fringe benefits or cash equivalents classification and wage rate(including the amount thereof of the types described in section 1(b)(2)(B)of the designated for fringe benefits,where appropriate),the Davis-Bacon Act),daily and weekly number of hours worked, contracting officer shall refer the questions,including the deductions made and actual wages paid.Whenever the views of all interested parties and the recommendation of the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that contracting officer,to the Administrator for determination. the wages of any laborer or mechanic include the amount of The Administrator,or an authorized representative,will issue any costs reasonably anticipated in providing benefits under a a determination within 30 days of receipt and so advise the plan or program described in section 1(b)(2)(B)of the Davis- contracting officer or will notify the contracting officer within Bacon Act,the contractor shall maintain records which show the 30-day period that additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the ro)of thissecrion,shall b paid to all worphs performing costs anticipated or the actual cost incurred in providing such 1.b.work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of (e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site.The prime contractor is responsible for the obligations under the plan or program. submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social 2. Withholding(29 CFR 5.5) security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and The contracting agency shall upon its own action or upon Hour Division of the Department of Labor for purposes of an written request of an authorized representative of the investigation or audit of compliance with prevailing wage Department of Labor,withhold or cause to be withheld from requirements. It is not a violation of this section for a prime the contractor under this contract,or any other Federal contractor to require a subcontractor to provide addresses and contract with the same prime contractor,or any other federally- social security numbers to the prime contractor for its own assisted contract subject to Davis-Bacon prevailing wage records,without weekly submission to the contracting agency. requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be (2)Each payroll submitted shall be accompanied by a considered necessary to pay laborers and mechanics, "Statement of Compliance,"signed by the contractor or Page 24 118 subcontractor or his or her agent who pays or supervises the Apprenticeship Agency(where appropriate)to be eligible for payment of the persons employed under the contract and shall probationary employment as an apprentice. certify the following: The allowable ratio of apprentices to journeymen on the job (i)That the payroll for the payroll period contains the site in any craft classification shall not be greater than the ratio information required to be provided under 29 CFR permitted to the contractor as to the entire work force under 5.5(a)(3)(ii),the appropriate information is being the registered program.Any worker listed on a payroll at an maintained under 29 CFR 5.5(a)(3)(i),and that such apprentice wage rate,who is not registered or otherwise information is correct and complete; employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the (ii)That each laborer or mechanic(including each classification of work actually performed.In addition,any helper,apprentice,and trainee)employed on the contract apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not during the payroll period has been paid the full weekly less than the applicable wage rate on the wage determination wages earned,without rebate,either directly or indirectly, for the work actually performed.Where a contractor is and that no deductions have been made either directly or indirectly from the full wages earned,other than performing construction on a project in a locality other than permissible deductions as set forth in 29 CFR part 3; that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered (iii)That each laborer or mechanic has been paid not program shall be observed. less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, Every apprentice must be paid at not less than the rate as specified in the applicable wage determination specified in the registered program for the apprentice's level of incorporated into the contract. progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (3)The weekly submission of a properly executed Apprentices shall be paid fringe benefits in accordance with certification set forth on the reverse side of Optional Form the provisions of the apprenticeship program.If the WH-347 shall satisfy the requirement for submission of the apprenticeship program does not specify fringe benefits, "Statement of Compliance"required by paragraph 3.b.(2)of apprentices must be paid the full amount of fringe benefits this section. listed on the wage determination for the applicable classification.If the Administrator determines that a different practice prevails for the applicable apprentice classification, (4)The falsification of any of the above certifications may subjectfringes shall be paid in accordance with that determination. the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency c.The contractor or subcontractor shall make the records recognized by the Office,withdraws approval of an required under paragraph 3.a.of this section available for apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable FHWA,or the Department of Labor,and shall permit such program is approved. representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees(29 CFR 5.5) Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Page 25 I 1 8 corresponding journeyman wage rate on the wage set forth in 29 CFR parts 5,6,and 7.Disputes within the determination which provides for less than full fringe benefits meaning of this clause include disputes between the contractor for apprentices.Any employee listed on the payroll at a trainee (or any of its subcontractors)and the contracting agency,the rate who is not registered and participating in a training plan U.S.Department of Labor,or the employees or their approved by the Employment and Training Administration shall representatives. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 10.Certification of eligibility(29 CFR 5.5) In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the a.By entering into this contract,the contractor certifies that wage determination for the work actually performed. neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to In the event the Employment and Training Administration be awarded Government contracts by virtue of section 3(a)of withdraws approval of a training program,the contractor will no the Davis-Bacon Act or 29 CFR 5.12(a)(1). longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an b.No part of this contract shall be subcontracted to any person acceptable program is approved. or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c.Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be c.The penalty for making false statements is prescribed in the in conformity with the equal employment opportunity U.S.Criminal Code, 18 U.S.C. 1001. requirements of Executive Order 11246,as amended,and 29 CFR part 30. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT d. Apprentices and Trainees(programs of the U.S.DOT). Pursuant to 29 CFR 5.5(b),the following clauses apply to any Apprentices and trainees working under apprenticeship and Federal-aid construction contract in an amount in excess of $100,00skill training programs which have been certified by the Contract and subject to the overtime provisions of the Secretary of Transportation as promoting EEO in connection Contract Work Hours and Safety Standards Act.These with Federal-aid highway construction programs are not clauses shall be inserted in addition to the clauses required by subject to the requirements of paragraph 4 of this Section IV. 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the 23 CFR 230.111(e)(2).The straight time hourly wage rates for terms laborers and mechanics include watchmen and guards. apprentices and trainees under such programs will be established by the particular programs.The ratio of 1.Overtime requirements. No contractor or subcontractor apprentices and trainees to journeymen shall not be greater contracting for any part of the contract work which may require than permitted by the terms of the particular program. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 5.Compliance with Copeland Act requirements. The workweek in which he or she is employed on such work to contractor shall comply with the requirements of 29 CFR part work in excess of forty hours in such workweek unless such 3,which are incorporated by reference in this contract as laborer or mechanic receives compensation at a rate not less provided in 29 CFR 5.5. than one and one-half times the basic rate of pay for all hours p worked in excess of forty hours in such workweek. 29 CFR 5.5. 6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the 2.Violation;liability for unpaid wages;liquidated subcontractors to include Form FHWA-1273 in any lower tier damages. In the event of any violation of the clause set forth subcontracts.The prime contractor shall be responsible for the in paragraph 1 of this section,the contractor and any compliance by any subcontractor or lower tier subcontractor subcontractor responsible therefor shall be liable for the with all the contract clauses in 29 CFR 5.5. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done 7.Contract termination:debarment. A breach of the under contract for the District of Columbia or a territory,to such contract clauses in 29 CFR 5.5 may be grounds for termination District or to such territory),for liquidated damages.Such of the contract,and for debarment as a contractor and a liquidated damages shall be computed with respect to each subcontractor as provided in 29 CFR 5.12. individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in 8. with and Act paragraph 1 of this section,in the sum currently provided in 29 8.Compliancement . wAith Davis-Baconlings and intnrand Relatede of the Davis- CFR 5.5(b)(2)*for each calendar day on which such individual requireBacon and Related Acts contained in 29 CFR parts 1,3,and 5 wasr required or yp hours itt out work in sent ofcess theof the erode standard are herein incorporated by reference in this contract as workweek of forty hours without payment of overtime in 29 CFR 5.5. wages required by the clause set forth in paragraph 1 of this providedsection. 29 CFR 5.5. 9.Disputes concerning labor standards.As provided in 29 •$27 as of January 23,2019(See 84 FR 213-01,218)as may CFR 5.5,disputes arising out of the labor standards provisions be adjusted annually by the Department of Labor;pursuant to of this contract shall not be subject to the general disputes the Federal Civil Penalties Inflation Adjustment Act of 1990). clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor Page 26 3.Withholding for unpaid wages and liquidated damages. equipment not ordinarily available in the type of contracting The FHWA or the contacting agency shall upon its own action organizations qualified and expected to bid or propose on the or upon written request of an authorized representative of the contract as a whole and in general are to be limited to minor Department of Labor withhold or cause to be withheld,from components of the overall contract. 23 CFR 635.102. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 2.Pursuant to 23 CFR 635.116(a),the contract amount upon other Federal contract with the same prime contractor,or any which the requirements set forth in paragraph(1)of Section VI other federally-assisted contract subject to the Contract Work is computed includes the cost of material and manufactured Hours and Safety Standards Act,which is held by the same products which are to be purchased or produced by the prime contractor,such sums as may be determined to be contractor under the contract provisions. necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as 3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish provided in the clause set forth in paragraph 2 of this section. (a)a competent superintendent or supervisor who is employed 29 CFR 5.5. by the firm,has full authority to direct performance of the work in accordance with the contract requirements,and is in charge 4. of all construction operations(regardless of who performs the Subcontracts. The contractor or subcontractor shall insert work)and(b)such other of its own organizational resources in any subcontracts the clauses set forth in paragraphs 1 through (supervision,management,and engineering services)as the 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier contracting officer determines is necessary to assure the subcontracts.The prime contractor shall be responsible for performance of the contract. compliance by any subcontractor or lower tier subcontractor 4.No portion of the contract shall be sublet,assigned or with the clauses set forth in paragraphs 1 through 4 of this otherwise disposed of except with the written consent of the section. 29 CFR 5.5. contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the VI.SUBLETTING OR ASSIGNING THE CONTRACT contract. Written consent will be given only after the contracting agency has assured that each subcontract is This provision is applicable to all Federal-aid construction evidenced in writing and that it contains all pertinent provisions contracts on the National Highway System pursuant to 23 CFR and requirements of the prime contract.(based on long- 635.116. standing interpretation of 23 CFR 635.116). 1.The contractor shall perform with its own organization 5.The 30-percent self-performance requirement of paragraph contract work amounting to not less than 30 percent(or a (1)is not applicable to design-build contracts;however, greater percentage if specified elsewhere in the contract)of contracting agencies may establish their own self-performance the total original contract price,excluding any specialty items requirements. 23 CFR 635.116(d). designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total VII.SAFETY:ACCIDENT PREVENTION original contract price before computing the amount of work required to be performed by the contractor's own organization This provision is applicable to all Federal-aid construction (23 CFR 635.116). contracts and to all related subcontracts. a. The term"perform work with its own organization"in 1. In the performance of this contract the contractor shall paragraph 1 of Section VI refers to workers employed or comply with all applicable Federal,State,and local laws leased by the prime contractor,and equipment owned or governing safety,health,and sanitation(23 CFR Part 635). rented by the prime contractor,with or without operators. The contractor shall provide all safeguards,safety devices and Such term does not include employees or equipment of a protective equipment and take any other needed actions as it subcontractor or lower tier subcontractor,agents of the prime determines,or as the contracting officer may determine,to be contractor,or any other assignees. The term may include reasonably necessary to protect the life and health of payments for the costs of hiring leased employees from an employees on the job and the safety of the public and to employee leasing firm meeting all relevant Federal and State protect property in connection with the performance of the regulatory requirements. Leased employees may only be work covered by the contract. 23 CFR 635.108. included in this term if the prime contractor meets all of the following conditions:(based on longstanding interpretation) 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into (1)the prime contractor maintains control over the pursuant to this contract,that the contractor and any supervision of the day-to-day activities of the leased subcontractor shall not permit any employee,in performance employees; of the contract,to work in surroundings or under conditions (2)the prime contractor remains responsible for the quality which are unsanitary,hazardous or dangerous to his/her of the work of the leased employees; health or safety,as determined under construction safety and (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance Page 27 1 18 with the construction safety and health standards and to carry or regulations issued pursuant to the Clean Air Act(42 U.S.C. out the duties of the Secretary under Section 107 of the 7401-7671q)and the Federal Water Pollution Control Act,as Contract Work Hours and Safety Standards Act(40 U.S.C. amended(33 U.S.C. 1251-1387).Violations must be reported 3704). to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS The contractor agrees to include or cause to be included the requirements of this Section in every subcontract,and further This provision is applicable to all Federal-aid construction agrees to take such action as the contracting agency may contracts and to all related subcontracts. direct as a means of enforcing such requirements. 2 CFR 200.326. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers,contractors,suppliers,and workers on Federal- X.CERTIFICATION REGARDING DEBARMENT, aid highway projects,it is essential that all persons concerned SUSPENSION,INELIGIBILITY AND VOLUNTARY with the project perform their functions as carefully,thoroughly, EXCLUSION and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the This provision is applicable to all Federal-aid construction project is a violation of Federal law. To prevent any contracts,design-build contracts,subcontracts,lower-tier misunderstanding regarding the seriousness of these and subcontracts,purchase orders,lease agreements,consultant similar acts,Form FHWA-1022 shall be posted on each contracts or any other covered transaction requiring FHWA Federal-aid highway project(23 CFR Part 635)in one or more approval or that is estimated to cost$25,000 or more— as places where it is readily available to all persons concerned defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and with the project: 1200.220. 18 U.S.C.1020 reads as follows: 1.Instructions for Certification—First Tier Participants: "Whoever,being an officer,agent,or employee of the United a.By signing and submitting this proposal,the prospective States,or of any State or Territory,or whoever,whether a first tier participant is providing the certification set out below. person,association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the b.The inability of a person to provide the certification set out character,quality,quantity,or cost of the material used or to below will not necessarily result in denial of participation in this be used,or the quantity or quality of the work performed or to covered transaction.The prospective first tier participant shall be performed,or the cost thereof in connection with the submit an explanation of why it cannot provide the certification submission of plans,maps,specifications,contracts,or costs set out below.The certification or explanation will be of construction on any highway or related project submitted for considered in connection with the department or agency's approval to the Secretary of Transportation;or determination whether to enter into this transaction.However, failure of the prospective first tier participant to furnish a Whoever knowingly makes any false statement,false certification or an explanation shall disqualify such a person representation,false report or false claim with respect to the from participation in this transaction. 2 CFR 180.320. character,quality,quantity,or cost of any work performed or to be performed,or materials furnished or to be furnished,in c.The certification in this clause is a material representation connection with the construction of any highway or related of fact upon which reliance was placed when the contracting project approved by the Secretary of Transportation;or agency determined to enter into this transaction.If it is later determined that the prospective participant knowingly rendered Whoever knowingly makes any false statement or false an erroneous certification,in addition to other remedies representation as to material fact in any statement,certificate, available to the Federal Government,the contracting agency or report submitted pursuant to provisions of the Federal-aid may terminate this transaction for cause of default. 2 CFR Roads Act approved July 11, 1916,(39 Stat.355),as 180.325. amended and supplemented; d.The prospective first tier participant shall provide Shall be fined under this title or imprisoned not more than 5 immediate written notice to the contracting agency to whom years or both." this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL circumstances. 2 CFR 180.345 and 180.350. WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 CFR 200.88;EO 11738) e.The terms"covered transaction,""debarred," "suspended,""ineligible,""participant,""person,""principal," This provision is applicable to all Federal-aid construction and"voluntarily excluded,"as used in this clause,are defined contracts in excess of$150,000 and to all related in 2 CFR Parts 180,Subpart I, 180.900-180.1020,and 1200. subcontracts. 48 CFR 2.101;2 CFR 200.326. "First Tier Covered Transactions"refers to any covered transaction between a recipient or subrecipient of Federal By submission of this bid/proposal or the execution of this funds and a participant(such as the prime or general contract). contract or subcontract,as appropriate,the bidder,proposer, "Lower Tier Covered Transactions"refers to any covered Federal-aid construction contractor,subcontractor,supplier,or transaction under a First Tier Covered Transaction(such as vendor agrees to comply with all applicable standards,orders subcontracts). "First Tier Participant"refers to the participant Page 28 11 who has entered into a covered transaction with a recipient or (2) Have not within a three-year period preceding this subrecipient of Federal funds(such as the prime or general proposal been convicted of or had a civil judgment rendered contractor). "Lower Tier Participant"refers any participant who against them for commission of fraud or a criminal offense in has entered into a covered transaction with a First Tier connection with obtaining,attempting to obtain,or performing Participant or other Lower Tier Participants(such as a public(Federal,State,or local)transaction or contract under subcontractors and suppliers). a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective first tier participant agrees by submitting bribery,falsification or destruction of records,making false this proposal that,should the proposed covered transaction be statements,or receiving stolen property,2 CFR 180.800; entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, (3) Are not presently indicted for or otherwise criminally or suspended,declared ineligible,or voluntarily excluded from civilly charged by a governmental entity(Federal,State or participation in this covered transaction,unless authorized by local)with commission of any of the offenses enumerated in the department or agency entering into this transaction. 2 paragraph(a)(2)of this certification,2 CFR 180.700 and CFR 180.330. 180.800;and g.The prospective first tier participant further agrees by (4) Have not within a three-year period preceding this submitting this proposal that it will include the clause titled application/proposal had one or more public transactions "Certification Regarding Debarment,Suspension,Ineligibility (Federal,State or local)terminated for cause or default. 2 and Voluntary Exclusion-Lower Tier Covered Transactions," CFR 180.335(d). provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower (5)Are not a corporation that has been convicted of a felony tier covered transactions and in all solicitations for lower tier violation under any Federal law within the two-year period covered transactions exceeding the$25,000 threshold. 2 CFR preceding this proposal(USDOT Order 4200.6 implementing 180.220 and 180.300. appropriations act requirements);and h.A participant in a covered transaction may rely upon a (6)Are not a corporation with any unpaid Federal tax liability certification of a prospective participant in a lower tier covered that has been assessed,for which all judicial and transaction that is not debarred,suspended,ineligible,or administrative remedies have been exhausted,or have lapsed, voluntarily excluded from the covered transaction,unless it and that is not being paid in a timely manner pursuant to an knows that the certification is erroneous. 2 CFR 180.300; agreement with the authority responsible for collecting the tax 180.320,and 180.325. A participant is responsible for liability(USDOT Order 4200.6 implementing appropriations act ensuring that its principals are not suspended,debarred,or requirements). otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals,as well b. Where the prospective participant is unable to certify to as the eligibility of any lower tier prospective participants,each any of the statements in this certification,such prospective participant may,but is not required to,check the System for participant should attach an explanation to this proposal. 2 Award Management website(https://www.sam.00v/). 2 CFR CFR 180.335 and 180.340. 180.300,180.320,and 180.325. i. Nothing contained in the foregoing shall be construed to 3.Instructions for Certification-Lower Tier Participants: require the establishment of a system of records in order to render in good faith the certification required by this clause. (Applicable to all subcontracts,purchase orders,and other The knowledge and information of the prospective participant lower tier transactions requiring prior FHWA approval or is not required to exceed that which is normally possessed by estimated to cost$25,000 or more-2 CFR Parts 180 and a prudent person in the ordinary course of business dealings. 1200). 2 CFR 180.220 and 1200.220. j.Except for transactions authorized under paragraph(f)of a.By signing and submitting this proposal,the prospective these instructions,if a participant in a covered transaction lower tier participant is providing the certification set out below. knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily b.The certification in this clause is a material representation excluded from participation in this transaction,in addition to of fact upon which reliance was placed when this transaction other remedies available to the Federal Government,the was entered into. If it is later determined that the prospective department or agency may terminate this transaction for cause lower tier participant knowingly rendered an erroneous or default. 2 CFR 180.325. certification,in addition to other remedies available to the Federal Government,the department,or agency with which ***** this transaction originated may pursue available remedies, including suspension and/or debarment. 2. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—First Tier c.The prospective lower tier participant shall provide Participants: immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant a. The prospective first tier participant certifies to the best of learns that its certification was erroneous by reason of its knowledge and belief,that it and its principals: changed circumstances. 2 CFR 180.365. (1) Are not presently debarred,suspended,proposed for d.The terms"covered transaction,""debarred," debarment,declared ineligible,or voluntarily excluded from "suspended,""ineligible,""participant,""person,""principal," participating in covered transactions by any Federal and"voluntarily excluded,"as used in this clause,are defined department or agency,2 CFR 180.335;. in 2 CFR Parts 180,Subpart I, 180.900—180.1020,and 1200. You may contact the person to which this proposal is Page 29 116 submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any (a)is presently debarred,suspended,proposed for debarment, covered transaction between a recipient or subrecipient of declared ineligible,or voluntarily excluded from participating in Federal funds and a participant(such as the prime or general covered transactions by any Federal department or agency,2 contract). "Lower Tier Covered Transactions"refers to any CFR 180.355; covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"refers to the (b)is a corporation that has been convicted of a felony participant who has entered into a covered transaction with a violation under any Federal law within the two-year period recipient or subrecipient of Federal funds(such as the prime or preceding this proposal(USDOT Order 4200.6 implementing general contractor). "Lower Tier Participant"refers any appropriations act requirements);and participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as (c)is a corporation with any unpaid Federal tax liability that subcontractors and suppliers). has been assessed,for which all judicial and administrative remedies have been exhausted,or have lapsed,and that is e.The prospective lower tier participant agrees by not being paid in a timely manner pursuant to an agreement submitting this proposal that,should the proposed covered with the authority responsible for collecting the tax liability. transaction be entered into,it shall not knowingly enter into (USDOT Order 4200.6 implementing appropriations act any lower tier covered transaction with a person who is requirements) debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless 2.Where the prospective lower tier participant is unable to authorized by the department or agency with which this certify to any of the statements in this certification,such transaction originated. 2 CFR 1200.220 and 1200.332. prospective participant should attach an explanation to this proposal. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," XI.CERTIFICATION REGARDING USE OF CONTRACT without modification,in all lower tier covered transactions and FUNDS FOR LOBBYING in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. 2 CFR 180.220 and 1200.220. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed g.A participant in a covered transaction may rely upon a $100,000. 49 CFR Part 20,App.A. certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or 1.The prospective participant certifies,by signing and voluntarily excluded from the covered transaction,unless it submitting this bid or proposal,to the best of his or her knows that the certification is erroneous.A participant is knowledge and belief,that: responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered a.No Federal appropriated funds have been paid or will be transactions. To verify the eligibility of its principals,as well as paid,by or on behalf of the undersigned,to any person for the eligibility of any lower tier prospective participants,each influencing or attempting to influence an officer or employee of participant may,but is not required to,check the System for any Federal agency,a Member of Congress,an officer or Award Management website(https://www.sam.gov/),which is employee of Congress,or an employee of a Member of compiled by the General Services Administration. 2 CFR Congress in connection with the awarding of any Federal 180.300, 180.320, 180.330,and 180.335. contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, h.Nothing contained in the foregoing shall be construed to and the extension,continuation,renewal,amendment,or require establishment of a system of records in order to render modification of any Federal contract,grant,loan,or in good faith the certification required by this clause.The cooperative agreement. knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person b.If any funds other than Federal appropriated funds have in the ordinary course of business dealings. been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal i.Except for transactions authorized under paragraph e of agency,a Member of Congress,an officer or employee of these instructions,if a participant in a covered transaction Congress,or an employee of a Member of Congress in knowingly enters into a lower tier covered transaction with a connection with this Federal contract,grant,loan,or person who is suspended,debarred,ineligible,or voluntarily cooperative agreement,the undersigned shall complete and excluded from participation in this transaction,in addition to submit Standard Form-LLL,"Disclosure Form to Report other remedies available to the Federal Government,the Lobbying,"in accordance with its instructions. department or agency with which this transaction originated may pursue available remedies,including suspension and/or 2.This certification is a material representation of fact upon debarment. 2 CFR 180.325. 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. Any person who fails to file the required Certification Regarding Debarment,Suspension, certification shall be subject to a civil penalty of not less than Ineligibility and Voluntary Exclusion--Lower Tier $10,000 and not more than$100,000 for each such failure. Participants: 3.The prospective participant also agrees by submitting its 1.The prospective lower tier participant certifies,by bid or proposal that the participant shall require that the submission of this proposal,that neither it nor its principals: language of this certification be included in all lower tier Page 30 11f subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts,design-build contracts,subcontracts,lower-tier subcontracts,purchase orders,lease agreements,or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a specific Federal-aid construction project,the bidder,proposer, contractor,subcontractor,or vendor agrees: 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to this contract,to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2.To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 'on-board'commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph(b)(1)of this section to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of Cargo and Commercial Sealift(MAR-620),Maritime Administration,Washington,DC 20590.(MARAD requires copies of the ocean carrier's(master)bills of lading,certified onboard,dated,with rates and charges.These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. Page 31 118 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be,done as on-site work. Page 32 1 16 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS DOL WAGE RATE DECISION See following pages for this document. Page 33 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS I 1 B "General Decision Number: FL20230163 01/06/2023 Superseded General Decision Number: FL20220163 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 SUFL2013-024 08/19/2013 Page 34 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS I I B Rates Fringes CARPENTER, Includes Form Work $ 12.52 ** 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.98 ** 0.00 ELECTRICIAN $ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 ** 0.00 IRONWORKER, ORNAMENTAL $ 13.48 ** 0.00 IRONWORKER, REINFORCING $ 16.39 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 12.05 ** 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.89 ** 0.00 LABORER: Common or General $ 11.76 ** 0.00 LABORER: Flagger $ 11.77 ** 0.00 LABORER: Grade Checker $ 15.88 ** 0.00 LABORER: Landscape & Irrigation $ 11.12 ** 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.93 ** 0.00 LABORER: Pipelayer $ 13.63 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 ** 0.00 OPERATOR: Broom/Sweeper $ 13.69 ** 0.00 OPERATOR: Bulldozer $ 18.01 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 ** 0.00 OPERATOR: Crane $ 21.69 0.00 OPERATOR: Curb Machine $ 19.67 0.00 OPERATOR: Drill $ 14.78 ** 0.00 OPERATOR: Forklift $ 12.58 ** 0.00 OPERATOR: Gradall $ 14.71 ** 0.00 Page 35 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS I I F OPERATOR: Grader/Blade $ 20.34 0.00 OPERATOR: Loader $ 16.24 0.00 OPERATOR: Mechanic $ 17.86 0.00 OPERATOR: Milling Machine $ 17.23 0.00 OPERATOR: Oiler $ 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.82 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 19.35 0.00 OPERATOR: Roller $ 15.56 ** 0.00 OPERATOR: Scraper $ 11.74 ** 0.00 OPERATOR: Screed $ 16.67 0.00 OPERATOR: Trencher $ 16.07 ** 0.66 PAINTER: Spray $ 16.38 0.00 TRUCK DRIVER: Dump Truck $ 14.99 ** 0.00 TRUCK DRIVER: Flatbed Truck $ 14.13 ** 0.00 TRUCK DRIVER: Lowboy Truck $ 18.00 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 ** 0.00 TRUCK DRIVER: Water Truck $ 14.16 ** 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO Page 36 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those Page 37 (t7: 1 EXHIBIT I -SUPPLMENTAL TERMS AND CONDITIONS 1 8 classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Page 38 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS 1 1 8 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" Page 39 EXHIBIT I - SUPPLMENTAL TERMS AND CONDITIONS 1 1 8 FEDERAL CERTIFICATIONS AND ASSURANCES See following pages for documents. LOCAL AGENCY PROGRAM(LAP)CONSTRUCTION PROJECT The following items must be submitted with the bid package. Form Submittals with Bid: 1. Collier Acknowledgement of Grant Terms and Conditions County Form 2. Collier Anticipated D/W/MBE-Veteran Participation Statement County Form 3. FDOT Certification Regarding Debarment... Form 375-030-32 4. FDOT Certification of Current Capacity Form 525-010-46 5. FDOT Certification for Disclosure of Lobbying Activities Form 375-030-33 6. FDOT Disclosure of Lobbying Activities (if applicable) Form 375-030-34 7. FDOT Non-Collusion Declaration Form 575-060-13 8. FDOT Notification of EEO Officer Form 275-021-13 9. FDOT Affidavit of Vehicle Registration Form 700-010-52 10. FDOT Certification of Sublet Work Form 700-010-36 11. FDOT Bidders Opportunity List Form 275-030-11 This is a required online submittal at https://www.fdot.qov/equalopportunity/eoc.shtm Instructions are within this document on Form 275-030-11 LAP Agreement FPN: 446323-1-58-01 LAP Agreement Contract No: G2759 12. FDOT Prequalification Number(Provide Copy) FDOT Forms Website: Procedural Document Library(fdot.qov) Page 40 118 COLLIER COUNTY Acknowledgement of Grant Terms and Conditions Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. Certification On behalf of my firm, I acknowledge, and agree to perform all the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Thomas Marine C_Dgstruction, Inc. Date 11/08/2022 Authorized Signature / Kevin C. Shimp Address 8999 Hiah Cotton Lane, Fort ers, FL 33905 Solicitation/Contract# 22-8020-ST 12/21 R5 Page 41 118 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status wil be,•erifed. Un•:erfabe statuses'mil require me PR ME to either proivde a reS*sed statement or provide source documentation that•validates a status A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME EEO NUMBER CONTRACTOOLLAR AMOUNT Thomas Marine Construction, Inc. 59-2163377 $ o e 5,9 is THE PRIME A FLORIDA-CERT',F'IED DISAD':ANTAGEO VETERAN y .S THE ACTIVITY OF THIS CONTRACT' MINORITY OR WOMEN BUSINESS ENTERPRISE? (DBE/MBE;WBEI OR HAVE A SMALL DISADVANTAGED OBE? © CONSTRUCTION N BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE' Y ® CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN' W8E? Y OTHER? Y N SOB SAT e I� IS THIS SUBMISSION A REVISION? Y ® IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WOW OR ETHNICETY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Bcbrr( DOLLAR AMOUNT DOLLARS NONE TOTALS 111 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Kevin C. Shimp 10/08/2022 President EMAIL ADDRESS OF PRUNE(SUBM(TTERI TELEPHONE NUMBER FAX NUMBER kcshimp@aol.com 239-337-0008 239-337-0099 NOTE:This mfarmatton is used to track and report anticipated OBE or MBE participation in federally-funded ontracts. The anticipated ORE or MBE amount is voluntary and will not become part of the contractual terms. This form must he submitted at time of response to a solicitation. if and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. Mack►ttatcm! BA I Hispanic American! HA Native Amnon] NA Subront.Asian American; SAA Asian-Pacific AtnetigR! APA I Non-F.sinority Women NMW to other Other t of any oer group Wadi 0 D.SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COWER CONTRACT e(IFB/RfPu,PO/PEGS) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE Page 42 118 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared ineligible, or volunnttu)y excluded from participation in this transaction by any federal department or agency. Name of Co Thomas Marine Construction, Inc. By: Kevn C. Shimt? Date: 1 f) '2y22 Title: Pre dfnt f V Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred, or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 43 118 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-46 LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT 09/2D Page 1 of 2 CONFIDENTIAL per Ch 337 14(1)F.S. Fill in your FDOT Vendor Number For bids to be received on 1 1/03/2022 (Letting Date) VF 5 9 - 2 1 6 3 3 7 7 0 0 4 (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the"Status of Contracts on Hand"report(page 2) $ 6,862,700.00 I further certify that the"Status of Contracts on Hand"report (page 2)was prepared as follows: 1. If the letting is before the 25`h day of the month, the certificate and report reflect the uncompleted work as of the 151h day of the month, last preceding the month of the letting. 2. If the letting is after the 25`h day of the month,the certificate and report reflects the uncompleted work in progress as of the 15`h day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. Thomas Marine Construction Inc. „_ I certify that the information above is correct. NAME '1 FIRM l\ Sworn to and subscribed this 8th day By: of November , 20 22 Kevin C. Sfiimp' President Title Page 44 118 4, RN ! W i 0 ,w3,b Z O gdbn g o w U ' o :`; a W i Q 1 0 0 0 , 0 g LA a, m �,_ ; 0 0 0 0 0 0NC 3 0 Q Z N to 0 a 0 I- U to r»tr.. rsi 0 a 0 O fr u eH N 1._............. CD p m a O (0 LU W F-0 o 0 0 0 0 O -� 0 0 0 0 0 o tb N i r N Z N _ QO W "' L D '- co O to 0 � - _. .�....,w�.•.....,.e.,....-.. � Z 2 a.) _ Wm ¢ I- u) 0 f6 L1 IZ = t.0 OQH o 0 0 0 0 0 0 0 0 I O8� v W Z d 0 0 o c 0 0 o 6 E V Z 1-O o roi o aoi N 0 not Z CO 0 '€ O gZ2 vi o n 0 <" v o `ug o ]OU E C0 Q CA N u� n! bq NI (p N J J p Q •n Q m Ti, is vi v+ in 1- F¢- z , 2 L N O O . Qw _.._...__,,,,,., ._ 2 L E Z �I '.. O tn � w N @� 2 E - 2 c Z W W O o 0 0 o Op Op 0 c = la U g 0 j M jp 0 $ei o o rn o 0 0 0 • c ZN < O LD n {�' co 0 not CU c°� • o.N m o >. ( vmmy 0 l U. o o m _ _. I o 0 w I- f0 0 $ O3 c N € � O �Z o 0 o O o 0 0 0 0 o s' *- F-m 0 0 0 0 0 0 0 0 o ELi- - O 3 N QZp o i" m a ,M N m E oL •c 00 E O 2 ao N ri N f- t` Q1 3 (O N r.o C,U 6- t` .n- N M j n O U L 0 0 Z m Q w < V? Cn o N o c o 3 .. w Fi _ CO N y 0� p vi us w w is w T v o. to �' o n `a c tz U 0 E O 3 o Tu. 0. c 0 aci o 0 0 E v - E - o _mo o L z a0 W 6� W U U cc) c u m U iq li 0 v3 rn `° a t` E y•o �1 c a....L a_ ? y O)' c tea ce W LUj U F_- U '3 4: E. m c o C7 rn '0 c - To o x U o u) • a y ) H o. o to mRI W a c a m �i aM, a c 0EM c 0 '> a v -0 o in o top m o Z y a t j 10 aci raa a 2 of c E s2 v UZ o . w E ai d v m C9 nC7 UQ aoi a -)Z a a� c . c .c 311-- u 0 - i a c Z c Y 0 CeO 2 v m H m a m ?: O aci m o m i c CO- . •uc, •- c c aQ Cr. m co y y ,G1 co U o o, 0 p Ea a) O_ N N 3v 1 0 o c g 1 m E - a u c0 a) 3 a = u c E N t - J LL N 0 O D: N 2 p E O co C m E U CO j, >> L 1 t0 ' U T �'. a a7 [Y n w Y c m U rn 2 to �. a c ai ` g o 0 0 3 0 Z rz c U c 0 0 0. c •- o r a a� c - o :0 L a U c w to m ( > U a o m L. o Cr 0 V U m o C`p y c U o s' O O~ E c) _ ' T y y a> U 2 y o m `o FW- .A O o , _ a . a a) m o c o c_ O O� cr to tL 0 CO J X U to U co J p 0 2' 1- 2 Z.a N U N �.», 118 375-030-33 PROCUREMENT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL—AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (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 any federal agency, a Member of Congress, an officer of 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 federal 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 of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Kevin C. Shimp Date: 11/8/2022 Authorized Signature Title: President Page 46 11 '8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT 02116 Is this form applicable to your firm? YES ❑ NO If no,then please complete section 4 below for"Prime" 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c.cooperative agreement c. post-award For Material Change Only: d. loan Year: Quarter: e. loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and ® Prime ❑ Subawardee Address of Prime: Tier , if known: Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers. FL 33905 Congressional District, if known:4c Congressional District,if known: 6. Federal Department/Agency: 7.Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number,if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered Kevin C. Shi into.This disclosure is required pursuant to 31 U.S.C.1352. Print Name: 'Y'F' This information will be available for public inspection.Any L*/ person who fails to file the required disclosure shall be subject Title: President to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. 239 337 0008 Telephone No.: Date(mm/dd/yyyy): 11/8/2022 Federal Use Only: Authorized for Local Reproduction y Standard Form LLL(Rev.7-97) Page 47 118 3r6-030-34 ?RUCUREMENT 04f14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements, loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP)number; Invitation for Bid (IFB)number;grant announcement number;the contract, grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name, address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,DC 20503. Page 48 I18 STATE Cr F!CRIDA DEPARTMENT OF TRANSPORTATION 575.050.13 NON-COLLUSION DECLARATION AND RIGHT OF WAY C5101 COMPLIANCE WITH 49 CFR § 29 Page f c'3 ITEM/SEGMENT NO. F.A.P. NO. FPN 444185 MANAGING DISTRICT: PARCEL NO. COUNTY OF: Collier BID LETTING OF: 11/08/2022 I, _Kevin C. Shimp , hereby declare that I am (NAME) President _of Thomas Marine Construction, Inc. (TITLE) (FIRM) of Fort Myers, Florida (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that: 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement,for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit,cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8. As required by Section 337.165, Florida Statutes,the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. Page 49 ' II 575.060-13 RIGHT OF WAV 05/01 Page 2 of 3 9. I certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of Federal funds: (a) is presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local government transaction or public contract; 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) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default. 10. I(We), certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material supplier,or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1)through (10), I have provided an explanation in the"Exceptions" portion below or by attached separate sheet. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility, For any exception noted, indicate to whom It applies, initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR: Thomas Marine Seal Construction, Inc. ( ) BY: Kevin C Shimp, Presidp WITNESS: r--'` NAME AND y'E RINTED BY WITNESS: 1,•�j S N 'E Executed on this 8th d y 9 November , 2022 FAILURE rvi FULLY COMPLETE AND EXECUTE THIS DOCUMENT MAY RESULT IN THE BID BEING DECLARED NONRESPONSIVE Page 50 G4) 118 575-060-13 RIGHT CO,WAY O:ii0i Page 3 of 3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. -Appendix B of 49 CFR Part 29— Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction," "participant," "person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 51 118 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION :75-0?1.13 NOTIFICATION TO FDOT OF EEO OFFICER EQUAL OPPORTUNITY 04r14 Directions: Email the fully completed and signed form to ..-)oil 1-«rdot.3, at., ,l us Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2. FEID No.: Thomas Marine Construction, Inc. 59-2163377 3. Home Office Mailing Address:(street) 4. Home Office Mailing Address:(city,state,zip) 8999 High Cotton Lane Fort Myers, FL 33905 5. Main Phone Number: 6. Fax Number: 239-337-0008 239-337-0099 T. What is being i lnitial EEO Officer Notice to FDOT I New Person Appointed I Appointee Changed Name I Contact Data Changed Changed? Ir]Yes U No I ❑Yes _- No I [71 Yes El No I L]Yes [l No Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer:(first name, middle initial,last name) 19. EEO Officer's Working Title: Mark D. Mabee Project Manager 10. Work Address of EEO Officer:(street) 11. Work Address of EEO Officer:(city,state,zip) 8999 High Cotton Lane Fort Myers, FL 33905 12.EEO Officer Phone Number: 13. EEO Officer Fax Number: 239-337-0008 I 239-337-0099 14. EEO Officer email address: mmabee©tmcfla.com Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. .n 15. Appointing Official's Signature: �� 116.Date:(MolDay/Yr.) / O / I 10/26/2022 IT. Official's Name:(printed) ( j 18.Official's Title:(printed) i A Kevin C. Shimp Il ( President r (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by:(First and Last Name) 20. Date Processed:(mddayyr) ................ ._ i x.A ...40tt• �-e, 10/26/2022 DISTRIBUTION: Original to FDOT&antral EO Office Files:Copy Mated to Contractor UPDATE ACTION: Input In FOR System Page 52 I FDDT Florida Department of Transportation RON DESANTIS 605 Suw-anee Street JARED W.PERDUE,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY 10/26/2022 RE: NOTIFICATION TO FDOT OF EEO OFFICER To whom this concerns: The Equal Employment Opportunity Officer Information submitted by: THOMAS MARINE CONSTRUCTION INC has been received and added to the Equal Opportunity Reporting System. If there is any change to your EEO Officer this information must be reported to the Equal Opportunity Office at once. If you need any additional information, please contact me at (850)414-4747. Sincerely, !. 116 .QUAL.OP,:,RTuN 34)4 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Email the fully completed and signed form to: eeoformsdot.state.fl.us An email acknowledging that the information has been processed will be issued to the sender, General: Complete all boxes each time this form is submitted Section 1: Project Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. —The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. —Area code and phone number contractor's main business phone Box 6 Fax Number No. —Area code and phone number contractor's main fax Box 7 What is Being Changed? — Mark 'Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer— First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title— Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office Box 11 Work Address of EEO Officer(City, State, Zip) —Address of EEO Officer's office Box 12 EEO Officer Phone Number—Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number—Area code and fax number for EEO Officer Box 14 EEO Officer email address — EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature —Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo/Day/Year)— Date appointing official signs this Notification form Box 17 Official's Name (printed)— Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed)— Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processing of Notification This section is completed by FDOT Box 19 Processed by — First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed Page 53 116 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-52 CONTRACTOR'S AFFIDAVIT CONSTRUCTION 02/16 VEHICLE REGISTRATION State: Florida County: Lee BEFORE ME,this day personally appeared Kevin C. Shimp (Contactors Name) who says that all of the vehicles operated or caused to be operated by said Contractor,are registered in the State of Florida,in accordance with Section 320. C tra or's Signature TYPED NAME. Key' Shimp POSITION: President COMPANY NAME: Thomas Marine Construction, Inc. COMPANY ADDRESS: 8999 High Cotton Lane Fort Myers, FL 33905 State of Florida County: Lee Sworn to and subscribed before me this 8th day of November 2022 by Kevin C. Shimp (Print name of person signing Certification) Notary Public 5,2023 ;:% ° •• LINDA SOLICH February A .s ' Commission#GG 272882 Commission Expires "' :o• Expires February 5,2023 ••.,ors?,.•' Bonded TNuTioyFdnlnwrnnc0063854019 Personally Known X OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: Page 54 118 a Y n.ti 39O NON c off,'' a m /39O m co.) w o tu 0 C V Q al W ol O C 00 V) H 0 0 X e cc Ea Li Li_ `------ T a a3 5 `o, < N Ieived V o o N Q) E as g. .. f.;. -0 o U Q C C C) d a) OC. U + M)141 N U C.) C CI **". T a) a) O O a) n L.) L 5 LL • a — E 1 U a) o (0- U .p Lcn rn N I-- a a O ) N = E Q) >. 0 .a, - O 10 O o O) t O L O '., . n Q. �— T co lL 'C i C L� U ; O N w C =Y _ N 3 o o d' Co �' rO 1 o Q w ci o cCa w Y zW Cc O T a y C s. p ceJ LI E = E E w a) 0 �m UI j (1) U fn O 2 'U wN C CO C • M 5 LL C C (+) O CO od U - (D — c `o w d ui w C lJ� a) W N U .E 2 3 2 -E o n ❑Z a) of c �l 'c .. 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For sublet calculations,the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub-contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar). 10) Enter a"Y"in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s)regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a"1". If he works one level below, enter a"2"and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the work to be performed. 16) Enter a "P"if any pay-item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D"for DBE, "N"for non-DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise. 19) One(1)copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. a) Note: Notary not required when form is digitally signed. Page 56 118 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE Page 1 of 2 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the Equal Opportunity Office at(850) 414-4747 if you have any questions regarding this information. DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www.fdot.qov/equalopportunity/eoc.shtm. Page 57 LPG , 1 18 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action p (F Form 275-030-11 B) on file with the FDOT Equal Opportunity Office before execution of t,coritr DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Offico''" to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: • Print the first page of the document on company stationery ("letterhead") that indicates the company's name, mailing address, phone number, etc. • Print the company's name in the " " space; next to"Date" print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. Page 58 lie F D 117 000 Florida Department of Transportation RON DESANTIS 6(35 Suwanee Street KEVIN J.THIBAULT,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY 4/27/2021 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: THOMAS MARINE CONSTRUCTION INC has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850)414-4747. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: 4/27/2024 This plan i one of the requirements to bid on contracts for the Florida Department of j rans rtation This is not approval for Unified Certification Program Di advantaged. Business Enterprise (UCP/DBE)Certification. For additional information in becoming a OBE. contact the Certification Section at(850)414-4747. 118 Ty 4J a 275-030.11 B y� EQUAL OPPORTUNITY OFFICE Nit orp. Page 1 of 2 12/12 ikall Co Thomas Marine Construction, Inc. hereafter referred to as'jhe•Company" or"this Company" has adopted this policy and plan. Date: 4/21/2021 By: Signature Corporate FEID No.: 59-2163377 Kevin C. Shim!, President Printed name&title DISADVANTAGED BUSINESS ENTERPRISE (`DBE')AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation(FDOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOT and the Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C.,to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FDOT. The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation.The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. I. DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining,and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FDOT contracts; (2) The Liaison Officer will submit all records,reports,and documents required by FDOT, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of FDOT. DBE LIAISON OFFICER: NAME: Mark D. Mabee TITLE: Project Manger/EEO Officer EMAIL: mmabee@tmcfla.com ADDRESS:8999 High Cotton Lane, Fort Myers, FL 33905 8999 High Cotton Lane,Fort Myers,Florida 3390 /Voice: 239-337-0008/Fax: 239-337-0099 118 275-030-11 B EQUAL OPPORTUNITY OFFICE 12112 Pape 2 of 2 II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, the Company has identified the following known barriers to participation by disadvantaged subcontractors,before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform FDOT work; 3. Lack of interest in performing on FDOT contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of FDOT plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of the Company to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FDOT will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the state's goals(including,where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, notrejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by FDOT to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. 8. Utilize FDOT's DBE Supportive Services providers for assistance in identifying and notifying DBE's of contracting opportunities. The Company understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III.IMPLEMENTATION The Company will make every effort to 1. Meet state goals by utilizing its affirmative action methods. 2. Express good faith by seeking to utilize DBE subcontractors where work is to be subcontracted. 3. Ensuring that contracted DBE's perform a commercially useful function as evidenced by their execution of a distinct element of work with its own workforce and the carrying out responsibilities by actually performing, managing and supervising the work involved. IV.REPORTING The Company shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan.The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all FDOT projects; 4. The Company shall comply with FDOT's requirements regarding payments to subcontractors including DBEs for each month (estimate period)in which the companies have worked. V.DBE DIRECTORY The Company will utilize the DBE Directory published by the FDOT. 118 Contractor Pre-Qualification (CPQ)OT Loyout KCSHIMP@AOL.COM 7 ,_:F D '7:. _ `' �e Update 'v�,lork Underway. Help. , . , . c . Annual Application 11/2/2022 2:59:43 PM EST (VendoryStakeholders Aft'lliates_j Work Classes Financial Contracts Manage] (General InfoyBackground Construction Experience J Vendor Number: F592163377004 Name: THOMAS MARINE CONSTRUCTION, INC. Application Status: COMPLETED Fiscal Year End Date: 12/31/2021 Application Due Date: 4/30/2022 Expiration Date: 6/30/2023 How many years has your organization been operating under your present business name? 40 Years Has your business operated under any previous business name(s)? No Home Office Address Check here if P.O. Box is to be used for mailings Street: 8999 HIGH COTTON LANE City: FT. MYERS County: LEE State/Zip: FLORIDA 33905 Country: USA Phone Number: (239) 337-0008 Fax Number: (239) 337-0999 Contact Person: SHIMP , KEVIN (Last, First) Alternate Email Address: KCSHIMP@AOL.COM Email Address for Bid Solicitation Notice Bidding Office Address Street: 8999 HIGH COTTON LANE City: FT. MYERS County: LEE State/Zip: FLORIDA 33905 Country: USA Phone Number: (239) 337-0008 Fax Number: (239) 337-0999 Organization Type: CORPORATION Date Incorporated: 3/1/1982(mm/dd/yyyy) State Incorporated: FLORIDA Corp. Charter/Doc. No.: F68794 How many years experience in road and bridge construction has your organization had as a: 118 Prime Contractor: 40 Years Subcontractor: 40 Years FLORIDA DEPARTMENT OF TRANSPORTATION v,r1,x.<€4 r, Report Technical Problems to the Service Desk 1-866-955 ' FDOT p @ _ : or or 4357 or email: Service DeskA Information Systems Send Prequalification Questions or Comments to Contracts z�.' Administration Office ~' "` Internet Privacy Policy, Disclaimers & Credits t.<;9 Client#: 164731 OWENAME1 8 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY1 1/20/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patti Zuk NAME: EPIC Insurance Midwest PHONE 616-600-9677 FAX (NC,No,Ext): (A/C,No): 560 5th Street,Suite 202 E-MAIL Icbrokers.com ADDRESS: patti.zuk a p. Grand Rapids, MI 49504 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co of Pittsburg 19445 _ INSURED INSURER B:Allied World National Assurance Company 10690 Thomas Marine Construction,Inc. New Hampshire Insurance Company 23841 INSURER C: P P Y 8999 High Cotton Lane The Charter Oak Fire Insurance Company 25615 INSURER D: P Y Fort Myers,FL 33905 INSURER E:Arch Specialty Insurance Company 21199 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXP LTRR TYPE OF INSURANCE INSR SWVDR POLICY NUMBER (MMIDDY ) (EFF MN/DDY/YYYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X GL3118752 09/01/2022 09/01/2023 EACH OCCURRENCE $1,000,000 E CLAIMS-MADE X OCCUR PREMISES(Ea occurrrence) $500,000 MED EXP(My one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X CA2446812 09/01/2022 09/01/2023 lEa acclidentSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) _ B X UMBRELLA LIAB X OCCUR 03119130 09/01/2022 09/01/2023 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION W013326633 09/01/2022 09/01/2023 X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Leased/Rented Equ QT6607N17182000F 09/01/2022 09/01/2023 $375,000/$1,000 Ded. E Professional& CPP003441010 09/01/2022 09/01/2023 $3,000,000 per Occ/Agg Pollution Liab. $50,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Bridge Replacement-Package D -1 Bridge-Immokalee Road, Bid No. 22-8020-ST,Collier County Board of County Commissioners is named as additional insured as required by written contract for the General Liability and Auto Liability on a primary and non-contributory basis.A 30-day notice of cancellation will be provided. CERTIFICATE HOLDER CANCELLATION Collier CountyBoard of CountySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples, FL 34112-0000 AUTHORIZED REPRESENTATIVE 49,47,0 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5204998/M4235384 PZU01