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Agenda 06/13/2023 Item #16G1 (Grant application to the Federal Aviation Administration to request eligible funds for construction of hangar at Marco Island Executive Airport)
16.G.1 06/13/2023 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant application to request eligible funds in the amount of $1,791,798 for the Marco Island Executive Airport (MKY) Bulk Hangar Construction Phase and designate the County Manager as the authorized representative to submit the application and accept the award electronically. OBJECTIVE: To submit a grant application to the Federal Aviation Administration (FAA) to request eligible funds for construction of a 12,000 sq ft bulk hangar at the Marco Island Executive Airport (MKY). CONSIDERATIONS: The demand for hangar units far exceed the supply in southwest Florida. MKY currently has 54 individuals on the active, paid waiting list for County owned hangar space. Additionally, the demand for transient overnight corporate jet and turboprop hangar space has substantially increased. Currently, many commercial and private jet operators that desire overnight hangar storage are forced to reposition their aircraft at neighboring Southwest Florida airports where transient hangar storage is available. MKY currently does not have a facility capable of providing enclosed accommodations to transient aircraft. Construction of this facility will benefit MKY's general aviation community while having a positive impact on the Airport Authority's fiscal stewardship and self-sustainability. In calendar year 2022, MKY recorded 55,374 operations as delineated below: Marco Island Executive Airport January 1, 2022 - December 31, 2022 Aircraft Classification Operations Business Jet (Charter/Fractional/Private) 5,596 Helicopter 1,215 Military 49 Military Helicopter 9 Multi Engine 2,807 Single Engine 45,689 Unclassified 9 Total 55,374 *Data captured by Virtower LLC- Airport Operations Tracking On June 28, 2022, Agenda Item 16G1, the Board accepted an FAA grant to fund the design and bid of the bulk hangar project at MKY. Based on a pre -grant application submitted on October 13, 2022, the FAA determined that the construction of the MKY bulk hangar is eligible for grant support utilizing a combination of AIP and Bipartisan Infrastructure Law (BIL) Funds. Total construction costs are estimated at $3,396,443 and funding is anticipated through AIP and BIL grants along with supplementary support from the Florida Department of Transportation (FDOT). The final application is due to the FAA by June 16, 2023. If awarded, the FAA requires electronic acceptance. Due to the short turnaround, standard procedure of Board approval prior to agreement execution may not be possible. By authorizing the County Manager to accept the award, the Board will ensure meeting the execution deadline. Once executed, the award will be presented to the Board along with corresponding budget amendments to appropriate funding. FISCAL IMPACT: There is no fiscal impact associated with this item at this time. Should the grant be awarded, the County anticipates receiving FAA funding in an estimated amount of $1,791,798. Total project costs are estimated at $3,396,443. Additional funding of approximately $1,097,962 is anticipated from the Florida Department of Transportation in the FY24 work program, which would reduce the total local fund contribution to $506,683, available within the Airport Capital Fund (4091) Reserves. Packet Pg. 1367 16.G.1 06/13/2023 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAK RECOMMENDATION: To approve the submittal of the attached Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant application to request eligible funds in the amount of $1,791,798 for the construction of a bulk hangar at the Marco Island Executive Airport (MKY) and designate the County Manager as the authorized representative to submit the application and accept the award electronically. Prepared by: Andrew Bennett, Executive Airports Manager, Airport Authority ATTACHMENT(S) 1. [Linked] MKY FAA AIP BIL AIG Grant Application - Bulk Hangar FY23 (PDF) Packet Pg. 1368 16.G.1 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doe ID: 25721 Item Summary: Recommendation to approve the submittal of the attached Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant application to request eligible funds in the amount of $1,791,798 for the Marco Island Executive Airport (MKY) Bulk Hangar Construction Phase and designate the County Manager as the authorized representative to submit the application and accept the award electronically. Meeting Date: 06/13/2023 Prepared by: Title: — Transportation Management Operations Support Name: Heather Meyer 06/05/2023 8:55 AM Submitted by: Title: Division Director - Operations Support — Growth Management and Community Development Department Name: Gene Shue 06/05/2023 8:55 AM Approved By: Review: Airport Authority Andrew Bennett Additional Reviewer Public Transit & Neighborhood Enhancement Darren Hutton Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Danielle Bates Department Transportation Management Operations Support Brandy Otero Transportation Management Services Department Trinity Scott Grants County Attorney's Office Office of Management and Budget Grants Office of Management and Budget Community & Human Services County Manager's Office Board of County Commissioners Therese Stanley Level 2 Grants Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Therese Stanley Additional Reviewer Christopher Johnson Additional Reviewer Maggie Lopez Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/05/2023 9:25 AM Additional Reviewer Completed 06/05/2023 10:53 AM Additional Reviewer Completed 06/05/2023 12:16 PM Transportation Management Services Completed 06/05/2023 12:25 PM Additional Reviewer Completed 06/05/2023 12:41 PM Transportation Completed 06/05/2023 12:53 PM Completed 06/05/2023 4:17 PM Completed 06/06/2023 8:49 AM Completed 06/06/2023 9:13 AM Completed 06/06/2023 10:50 AM Completed 06/06/2023 11:55 AM Completed 06/06/2023 1:31 PM Completed 06/06/2023 4:03 PM 06/13/2023 9:00 AM Packet Pg. 1369 Z AVM Federal Aviation Administration (FAA) Orlando Airports District Office ��'UrS7&A^S Airport Grant Pre -Application Checklist (COMPLETE ONE CHECKLIST PER GRANT REQUES7) Airport: Marco Island Executive Airport Sponsor: Collier County Airport Authority City, State: Naples, Florida Date of Application: June 13, 2023 ❑ We do not plan on having a project this fiscal year. The FAA is authorized to carry our entitlements into the next fiscal year. (If checked, skip below pre -application checklist, sign/date and return to ADO) Items Required with Application (select N/A only if applicable to the project) YE Document Mi 1. Cover Letter 2. Detailed Project Information Sheet (per project item) a. Project Description and Justification (for Planning or Environmental Projects include Scope of Work) b. Special Circumstances ❑ C. Project Funding (be aware of your federal funding entitlement dollars) d. Project Cost Estimate e. Project Preliminary Checklist f. Proposed Project Schedule g. Project Sketch ® ❑ 3. Environmental Determination Documentation (per project item) Andrew Bennett, Executive Airports Manager Sponsor's Designated Official Representative (Type or Print) Sponsor's Designated Official Representative (Signature) June 13, 2023 Date The purpose of this checklist is to identify some of the requirements and considerations associated with requesting Airport Improvement Program (AIP) funds. This checklist was created by the Orlando ADO for Florida airport sponsors to submit in lieu of SF 424, 5100-100 / 101 (OMB 4040-004, 2120-0569) in order to simplify the AIP pre -application package. Note SF 424 and the 5100 forms are still required components of the AIP APPLICATION package. I AlRPOgr��y COLLIER COUNTY AIRPORT AUTHORITY op 2005 Mainsail Drive c Naples, FL 34114-8955 r] (239) 252-1059 June 14, 2023 Ms. Krystal Ritchey, P.E. Federal Aviation Administration Orlando Airports District Office South Park Building 8427 South Park Circle, 5th Floor Orlando, FL 32819 Dear Ms. Ritchey, Subject: Marco Island Executive Airport, Naples, Florida FY 2023 Airport Improvement Program Application Cover Letter In accordance with the Airport Improvement Program (AIP) and as established in our 3-year Capital Improvement Plan (CIP), enclosed please find the 2023 AIP Application for the following project: Bulk Aircraft Hangar — Construction Phase The following items are enclosed for the above project in the grant pre -application: ✓ Airport Grant Pre -Application Checklist ✓ Application for Federal Assistance SF-424 ✓ Detailed Project Information Sheet o Description and Justification o Project Funding o Project Preliminary Checklist o Proposed Project Schedule o Project Sketch o Project Cost Estimate ✓ Environmental Determination Documentation ✓ Attachment A (Property Map Exhibit "A") ✓ Attachment B (Title Opinion and Boundary Survey) ✓ Attachment C (Proposed Scope & Fee for Construction Phase Engineering Services) ✓ Attachment D (IFE for Construction Phase Engineering) ✓ Attachment E (Proposed Scope & Fee for Post -Design Services — Engineer of Record) ✓ Attachment F (Engineer's Recommendation & Bid Tabs) ✓ Attachment G (Low Bid Package) ✓ Attachment H (F5100 Certifications) Construction costs in the attached application were obtained from the bids received on May 23, 2023. Construction phase engineering services costs are based on the proposed scope and fee provided by Atkins Marco Island Executive Airport Immokalee Regional Airport Everglades Airpark 2005 Mainsail Drive 165 Airpark Boulevard P.O. Box 689, 650 EC Airpark Blvd Naples, FL 34114-8955 Immokalee, FL 34142 Everglades City, FL 34139 239.252.1059 239.252.6296 239.252.6298 North America - specific to this project. The scope and fee for post -design services are provided by the Engineer of Record, Hole Montes. At this time, we are requesting $900,798.00 in Airport Improvement Program Entitlement Funds and $891,000.00 in Bipartisan Infrastructure Law Airport Infrastructure Grant (AIG) Funds. Sincerely, Andrew Bennett, C.M. Executive Airports Manager Copy to: Dawn Gallon, FDOT Kristi Smith, FDOT Kurt Krier, FAA OMB Number: 4040-0004 Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 *1. Type of Submission: ❑ Preapplication ❑X Application ❑ Changed/Corrected Application *2. Type of Application * If Revision, select appropriate letter(s): ❑X New ❑ Continuation * Other (Specify) ❑ Revision *3. Date Received: 4. Applicant Identifier: 06/13/2023 KMKY 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: Collier County Board of County Commissioners *b. Employer/Taxpayer Identification Number (EIN/TIN): 59-6000558 *c. UEI: JWKJKYRPLLU6 d. Address: *Street 1: 2005 Mainsail Drive Street 2: *City: Naples County/Parish: Collier *State: Province: FL *Country: USA: United States *Zip / Postal Code 34114 e. Organizational Unit: Department Name: Board of County Commissioners Division Name: Airport Authority - MKY f. Name and contact information of person to be contacted on matters involving this application: Prefix: *First Name: Andrew Middle Name: *Last Name: Bennett Suffix: Title: Executive Airports Manager Organizational Affiliation: *Telephone Number: 239-252-8425 Fax Number: *Email: Andrew.Bennett@colliercountyfl.gov Application for Federal Assistance SF-424 *9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Pick an applicant type Type of Applicant 3: Select Applicant Type: Pick an applicant type *Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Marco Island Airport, Naples, Collier County, FL *15. Descriptive Title of Applicant's Project: Construct 12,000 sq/ft bulk aircraft hanger at the Marco Island Executive Airport - Construction Phase Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 16. Congressional Districts Of: *a. Applicant: 19 *b. Program/Project: 19 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: 10/01/2023 *b. End Date: 12/31/2024 18. Estimated Funding ($): *a. Federal $ 1,791,798 *b. Applicant $ 506,683 *c. State $ 1,097,962 *d. Local $ 0 *e. Other $ 0 *f. Program Income $ 0 *g. TOTAL $ 3,396,443 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on ❑X b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E.O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? Yes ❑X No If "Yes", explain: 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ❑X ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: *First Name: Amy Middle Name: *Last Name: Patterson Suffix: *Title: County Manager *Telephone Number: (239) 252-5721 Fax Number: * Email: amy.patterson@colliercountyfl.gov *Signature of Authorized Representative: *Date Signed: Airport Improvement Program (AIP) Airport : Marco Island Executive Airport City, ST: Naples, FL UEI: JWKJKYRPLLU6 Project Title: Construct Bulk Aircraft Hanger — Construction Phase Utilize $900,798.00 in Airport Improvement Program Entitlement Funds and $891,000.00 in Bipartisan Infrastructure Law (BIL) Airport Infrastructure Grant (AIG) Funds to permit and construct a 12,000 sq/ft bulk aircraft hangar at the Marco Island Executive Airport. The Marco Island Executive Airport (MKY) is an extremely valuable asset in the Naples/Marco Island area, and demand for hangar units far exceed supply. The Airport Authority currently has fifty-four (54) individuals on an active, paid waiting list for hangar units at MKY. This facility will be benefit to the General Aviation community while having a positive impact on the financial sustainability of the Airport Authority. All immediate airside needs at MKY have been satisfied with the recent terminal area apron rehabilitation project completed in 2021. Accordingly, the Airport Authority is requesting the use of AIP Entitlement Funds and BIL AIG Funds for this project, as all other pavement/AOA needs at MKY have been fulfilled. Was this project in the airport's Capital Improvement Plan (CIP) in JACIP and accepted as eligible/justified in the FAA's Airport Capital Improvement Plan (ACIP)? ® Yes ❑ No (explain below) ❑ Force Account Services ❑ Benefit Cost Analysis ❑ [Enter Other] ❑ Mods. To Standards ❑ Design -build or CMR ❑ [Enter Other] ❑ AIP eligible & non -eligible ❑ Exceeds FAA Stds. ❑ [Enter Other] You may use this "additional information box" to expand on the special circumstance(s) selected above. Total Cost 100% FAA Share State Local $3,396,443 1 $1,791,798 $1,097,962 $506,683 Page 1 of 4 Type of Funding Proposed (FAA Share Only) Fund Type Funds Available Funds to be Used Funds Remaining AIP Entitlements $900,798 $900,798 $0 BIL Airport Infrastructure Grant $891,000 $891,000 $0 Total $1,791,798 $1,791,798 $0 BILAIG Funds $891,000 AIP Entitlement Funds $900,798 4.0 BUILDING $ 1,986,512.05 Post Design Services $ 57,824.00 CEI $ 275,609.00 1.0 GENERAL REQUIREMENTS $ 375,832.67 2.0GEOTECHNICAL $ 359,992.98 3.0 SITE WORK $ 175,671.71 Total $1,986,512.05 Total $ 1,244,930.36 FAA Funds $891,000 FAA Funds $ 900,798.00 F DOT 5% $44, 550.00 F DOT 5% $ 45, 039.90 LOCAL 5% $44,550.00 LOCAL 5% $ 45,039.90 DELTA $ 1,006,412.05 DELTA $ 254,052.56 F DOT 80% $ 805,129.64 F DOT 80% $ 203, 242.05 LOCAL 20% $ 201,282.41 LOCAL 20% $ 50,810.51 *Allowance = 100% Local Protect Cost Estimate Breakdown: Please see attached preliminary cost estimate prepared by the Engineer of Record. Page 2 of 4 Date of last Airport Pavement Maintenance Program. 9/1/2017 Date of Land Acquisition (if applicable) — Not Applicable Impacts N/A Does the project impact FAA facilities? If yes, provide a statement with the status of FAA Reimbursable Agreement w/ FAA Planning & Requirements Project: MKY Hangar — Construction Phase PROPOSED PROJECT SCHEDULE Proposed Selection of Design Consultant D. 6/8/2021 Pre -Application Submittal to FAA ADO Planner 9/31/2022 Pre -design Conference 9/8/2022 Completion of Plans, Specifications and Engineers Report 1/31/2023 Submit Plans and Specs to FAA' 1/31/2023 Advertisement of Project for Bids 2/15/2023 Bid Opening 3/15/2023 Bid Tabulation Submittal and Recommendation of Award 3/31/2023 Application Submittal to FAA ADO Engineer — Construction 6/15/2023 Grant Offer — Construction 7/16/2023 Execution of FAA Grant— Construction 8/31/2023 Pre -construction Conference 10/2/2023 Notice to Proceed to Contractor 10/9/2023 Substantial Completion of Construction 1/7/2024 ' For any construction grants, Plans / Specs & the Engineers Report must be submitted to the ADO PM for review and approval prior to bid advertisement in accordance with 2 CFR 200. Sponsor will be responsible for removing / prorating all non-AIP eligible bid items identified prior to grant execution. 2 Once all contract documents have been executed, the sponsor will issue a notice to proceed to the contractor. The sponsor must send a copy of the notice to proceed to the ADO PM. Page 3 of 4 Final Inspection 2/6/2024 Project Close -Out' 4/30/2024 = To be coordinated with the ADO Engineer prior to grant application submittal. 3 Project shall remain on schedule as shown above. Note that closeout of an AIP grant must not exceed four (4) years after grant execution date. You may refer to the AIP Handbook - Chapter 5, Section 8, Grant Closeout for additional details. Page 4 of 4 MKY - Bulk Hangar Opinion of Cost By: Hole Montes and Schenkle Shultz DESCRIPTION OF WORK UNIT I QTY COST TOTAL 1.0 GENERAL REQUIREMENTS 1.1 General Conditions GENERAL REQUIREMENTS -TOTAL 2.0 GEOTECHNICAL Surcharging Site GEOTECHNICAL -TOTAL 3.0 SITE WORK - Documents prepared by Hole Montes, Inc. C-102 Installation and Removal of Silt Fence C-105 Mobilization Section 120-4 Subsoil Excavation Section 120-6 Embankment Section 522-1 Concrete for Sidewalks (4") T-904 Sodding F-162 Installation of Fence D-701 12"x18" CL3 ERCP Section 425-1 FDOT Type'C'Inlet Utility Sitework SITE WORK -TOTAL 4.0 BUILDING - Documents prepared by SchenkelShultz Concrete Site Assessment (includes Surveying, Material Testing, Pest Control) Metal Building System (includes all building components, doors) Plumbing HVAC Electrical (including charging stations) Data/Telecommunications/Security BUILDING -TOTAL 5.0 OWNER'S ALLOWANCE* TOTAL LUMP SUM BASE BID UNIT QTY COST I TOTAL LS 1 $483,665.00 1 $ 483,665.00 $ 483,665.00 UNIT I QTY I COST I TOTAL LS 1 1 1 $220,000.001 $ 220,000.00 $ 220,000.00 UNIT QTY COST TOTAL LF 665 $4.00 $ 2,660.00 LS 1 $209,787.00 $ 209,787.00 CY 300 $30.00 $ 9,000.00 CY 710 $20.00 $ 14,200.00 SY 51 $40.00 $ 2,040.00 SY 1024 $15.00 $ 15,360.00 LF 51 $95.00 $ 4,845.00 LF 39 $100.00 $ 3,900.00 EA 1 $2,500.00 $ 2,500.00 LS 1 $4,650.00 $ 4,650.00 $ 268,942.00 UNIT QTY COST TOTAL LS 1 $195,000.00 $ 195,000.00 LS 1 $18,300.00 $ 18,300.00 LS 1 $955,000.00 $ 955,000.00 LS 1 $40,400.00 $ 40,400.00 LS 1 $56,000.00 $ 56,000.00 LS 1 $207,500.00 $ 207,500.00 LS 1 $37,000.00 $ 37,000.00 $ 1,509,200.00 $ 165,000.00 $ 2,646,807.00 *Owner's Allowance is for Owner 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 Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. I � I I II ® � I I I Y II I I - II I I II I I I I III I I (I I I o r o o0� n > 0 m °qs m < 0 N"F3 S <o o �1 o w z o2N�m �i n yln F, 9 6 n F _AI �imN�o Z A Z AIsm. FAA ORLANDO AIRPORTS DISTRICT OFFICE — CATEGORICAL EXCLUSION (CATEX) SHORT FORM Airport: Marco Island Executive Airport Project Title: Bulk Hangar Use this CATEX Short Form if the Proposed Action is a federal action subject to NEPA and normally would not individually or cumulatively have a significant effect on the human environment. Identify the applicable paragraph on the line below from FAA Order 1050.1F, paragraphs 5-6.1 through 5-6.6 for the Proposed Action. 5-6.4(f) Paragraphs 5-6.4e, 5-6.41 _ List all components of the Proposed Action and Connected Actions (if any) on a separate sheet. A CATEX should not be used for a segment or an interdependent part of a larger proposed action. Include a summary of existing conditions at the Proposed Action site. Attach a site map identifying the Proposed Action area on the airport's current ALP and a recent aerial of the Proposed Action area. Certify that the Proposed Action and Connected Actions are NOT likely to have extraordinary circumstances or significant impacts. Significance thresholds and factors to consider are in FAA Order 1050.1F Exhibit 4-1. Extraordinary circumstances are listed in FAA Order 1050.1F paragraph 5-2, and summarized below: -An adverse effect on cultural resources protected under the National Historic Preservation Act of1966, as amended, 54 U.S.C. §300101 et seq.; -An impact on properties protected under Section 4(f); -An impact on natural, ecological, or scenic resources of Federal, state, tribal, or local significance (e.g., federally listed or proposed endangered, threatened, or candidate species, or designated or proposed critical habitat under the Endangered Species Act, 16 U.S.C. §§ 1531-1544); -An impact on the following resources: resources protected by the Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661- 667d; wetlands; floodplains; coastal zones; national marine sanctuaries; wilderness areas; National Resource Conservation Service -designated prime and unique farmlands; energy supply and natural resources; resources protected under the Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287, and rivers or river segments listed on the Nationwide Rivers Inventory (NRI); and solid waste management; -A division or disruption of an established community, or a disruption of orderly, planned development, or an inconsistency with plans or goals that have been adopted by the community in which the project is located; An increase in congestion from surface transportation (by causing decrease in level of service below acceptable levels determined by appropriate transportation agency, such as a highway agency); -An impact on noise levels of noise sensitive areas; -An impact on air quality or violation of Federal, state, tribal, or local air quality standards under the Clean Air Act, 42 U.S.C. §§ 7401-7671q; -An impact on water quality, sole source aquifers, a public water supply system, or state or tribal water quality standards established under the Clean Water Act, 33 U.S.C. §§ 1251-1387, and the Safe Drinking Water Act, 42 U.S.C. §§ 300f-300j- 26; -Impacts on the quality of the human environment that are likely to be highly controversial on environmental grounds. The term "highly controversial on environmental grounds" means there is a substantial dispute involving reasonable disagreement over the degree, extent, or nature of a proposed action's environmental impacts or over the action's risks of causing environmental harm. -Likelihood to be inconsistent with any Federal, state, tribal, or local law relating to the environmental aspects of the proposed action; or -Likelihood to directly, indirectly, or cumulatively create a significant impact on the human environment, including, but not limited to, actions likely to cause a significant lighting impact on residential areas or commercial use of business properties, likely to cause a significant impact on the visual nature of surrounding land uses, likely to cause environmental contamination by hazardous materials, or likely to disturb an existing hazardous material contamination site such that new environmental contamination risks are created. Based on the information in this Short Form CATEX and supporting information, I certify that the Proposed Action and Connected Actions meet(s) all requirements for a CATEX in accordance with FAA Order 1050.17 and do not have any extraordinary circumstances or significant impacts. WD110 by 213-0�BennettAndreae: 202.07 10�3-04 10/07/2021 Signature of Authorized Airport Representative Date FAA Determination (signature of Program Manager): Peter Matthias Green Digitally signed byPeter Matthias Green Categorically Excluded: Date: 2022.01.0409:13:02-05'00' Date: Requires further environmental analysis: Date: Final 7-8-2016 Airport: CATEGORICAL EXCLUSION ENVIRONMENTAL DETERMINATION CHECKLIST Marco Island Executive Airport Prepared and certified by: Andrew Bennett Date: 10/07/2021 YES** NO COMMENTS THE PROPOSED ACTION MUST BE LISTED IN FAA ORDER 1050AF PARRS. 5-6.1-5-6.6 AS AN ACTION THAT WOULD NORMALLY BE CATEGORICALLY EXCLUDED THE PROPOSED ACTION CONSISTS OF: Helicopter facilities or operations x Land acquisition x New airport serving general aviation x Access or service road construction x New airport location x New runway x Runway extension, strengthening, reconstruction, resurfacingor widening X Converting rime or unique farmland x Runway Safety Area (RSA) improvements x ILS or ALS installation x Airport development (hangars, terminal expansion) x On -airport aboveground or underground fuel storage tanks x Construction, reconstruction, or relocation of an ATCT x THE PROPOSED ACTION WILL AFFECT: Historic/Archeological/Cultural Resources x Section 4(f) or 6(f) resources x Federally listed, endangered, threatened, or candidate species, or designated/proposed critical habitat X Federal, state, tribal, or local natural, ecological, or scenic resources X Wetlands, floodplains, waterways x Energy supply or natural resources x Protected rivers or river segments x Established community(s), planned development, or plans/goals adopted b the local community X Surface vehicular traffic (reduce LOS) x Air quality or violate Federal, state, tribal or local standards x Water quality, a sole source aquifer, public water supply system, or federal, state, or tribal water qualitystandards X THE PROPOSED ACTION IS LIKELY TO: Be Highly Controversial on Environmental Grounds x Be Inconsistent with Federal, state, tribal, or local law relatingto environmental aspects X Cause residential or business relocations x Increase noise levels over Noise Sensitive Land Uses within the 65 dBA noise contour or newly include Noise Sensitive Land Uses within the 65 dBA noise contour. X Cause Environmental Justice Impacts x Contain Hazardous Materials or Affect Hazardous Materials/Sites X Create a Wildlife Hazard per AC 150/5200-33 x Increase lighting impacts on residential communities or impact the visual nature of surroundingland uses X ** Attach detailed explanations or analysis for all "yes" answers on a separate sheet that supports a Categorical Exclusion determination. Final 7-8-2016 Attachment A Draft Exhibit "A" Property Inventory Map Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application o m D T D a. ! 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E s i y A !4 F 4 E pgaEg-g g E is k6 dg'gk9� j4lBtEe �- 3 �Ji9gg� 9 FP if! k�i4 3i9Ez� na t F t ' a �_€E' d=rsE t t 8 �yg lips Et � 6r#"eqE` �1 if.igp t8 -; '��'� g ! gg g y." l! i_! jail � € 111 ERl !� 9Ei t��y!�E��ad 11 sae !". x. k jgaf ' dEE 3f � E$$1 !iA pa 4 p g '.t r 1 gi 8 !! °@vE3A s"fv5 C k i9; 5 fit! y R A !1 Es 3$� 3 aEI ¢¢�gg d Fa aI3�° �i!3�"4�A "E$t11 Jd$' t ePREPARED FOR _ ��e!! COLLIER COUNTY AIRPORT PROPERTY MAP R ¢ AIRPORT AUTHORITY ! �'!' a MARCO ISLAND EXECUTIVE AIRPORT ! GENERAL CONSULTANTS �$ MARCO ISLAND, FLORIDA Attachment B Title Opinion and Title Survey Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application Office of the County Attorney a� Jeffrey A. Klatzkow Deputy County Attorney . Scott R. Teach Managing Assistant County Attorney • Heidi F. Ashton-Cicko' 'Board CerbRed City. County and Loed Gwemment Law Assistant County Attorneys • Colleen M. Greene Emily R. Pepin Jennifer B. White Steven T. Williams Jeff E. Wright" June 27, 2017 Mrs. Krystal Ritchey, F.E. Program Manager Federal Aviation Administration Orlando Airports District Office 5950 Hazeltine National Dr., Ste. 400 Orlando, FL 32822-5024 Re: Collier County Board of County Commissioners Grant application requirement: Exhibit "C" Title Opinion Dear Ms. Ritchey: Attached please find the Title Commitments from Collier County's Marco Island Executive Airport. This submission and certification is made in compliance with grant conditions to provide satisfactory title evidence. Collier County owns the Marco Island Executive Airport in FEE SIMPLE. Collier County ("Sponsor"}, pursuant to Section 47105(d) of the Federal Aviation Administration Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor, as required by obligations of the referenced Grant Agreement with the Federal Aviation Administration. I have made title examination and issue this Preliminary Opinion based upon my review of the attached Title Commitment. This Preliminary Opinion is issued expressly for the benefit of the Sponsor for title examination and for the FAA in providing this Grant. Sincerely, Jennifer A. BeltArmey Assistant Coun cc: Justin Lobb, Airport Manager, Collier County Airport Authority 3299 East Tamiami Trail, Suite 800 . Maples Florida 34112-5749 . (239) 252-8400 • FAX: (239) 252-6300 Stewart title COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation (the "Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by an authorized officer of the Company or an agent of the Company. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the Effective Date shown in Schedule A. Countersigned by: UA cc� 1908�, � President and CEO Matt Morris Authorized Countersignature 's romps �� Stewart Title Company ** 4910 North Tamiami Trail, Suite 120 Naples, FL 34103 Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association. All rights reserved. � nntEu AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01206-64447 ALTA Commitment for Title Insurance (6/17/06) WITH FLORIDA MODIFICATIONS .Y CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued will contain the following arbitration clause: Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtain from the Company upon request. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. :1 1f 1iV The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 01206-64447 ALTA Commitment for Title Insurance (6/17/06) WITH FLORIDA MODIFICATIONS 'K SCHEDULE A COMMITMENT 1. Effective Date: May 22, 2017 at 8:00 A.M. 2. Policy or Policies to be issued: Proposed Amount of Insurance: a. ALTA Owner's Policy (6/17/06) with Florida Modifications To Be Agreed Upon Proposed Insured: Collier County, a Political Subdivision of the State of Florida Premium: b. ALTA Loan Policy (6/17/06) with Florida Modifications Proposed Insured: Premium: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: The Board of County Commissioners of Collier County, Florida, by virtue of that certain conveyance recorded in Official Records Book 2034, Page 1261, of the Public Records of Collier County, Florida; Collier County, a political subdivision of the State of Florida, on behalf of the Airport Authority for the Marco Island Executive Airport, by virtue of that certain conveyance recorded in Official Records Book 4395, Page 1277 and Official Records Book 4434, Page 3380 and re -recorded in Official Records Book 4454, Page 2452, of the Public Records of Collier County, Florida; Collier County, a political subdivision of the State of Florida, by virtue of that certain conveyance recorded in Official Records Book 5282, Page 19, Official Records Book 5286, Page 3125 and Official Records Book 5308, Page 3399, of the Public Records of Collier County, Florida and by virtue of that certain Resolution recorded in Official Records Book 5338, Page 1315, of the Public Records of Collier County, Florida. The State of Florida Board of Trustees of the Internal Improvement Fund, by virtue of that certain conveyance recorded in Official Records Book 1125, Page 1237 and in Official Records Book 1125, Page 1271, of the Public Records of Collier County, Florida., of the Public Records of Collier County, Florida. 5. The land referred to in this Commitment is described as follows: A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 26 AND 35, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT "Q" OF MARCO SHORES UNIT ONE AS RECORDED IN PLAT BOOK 14 AT PAGES 33 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT "Q", SOUTH 11-59-55" EAST, A DISTANCE OF 71.18 FEET TO A POINT ON THE WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2034 AT PAGE 1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE NORTH 77°59'56" EAST, A DISTANCE OF 175.00 FEET; THENCE NORTH 12°00'00" WEST, A DISTANCE OF 220.00 FEET; THENCE NORTH 78°00'05" EAST, A DISTANCE OF 610.00 FEET; THENCE SOUTH 12°00'00" EAST, A DISTANCE OF 5620.00 FEET; THENCE SOUTH 78°00'00" WEST, A DISTANCE OF 610.00 FEET; THENCE NORTH 12°00'00" WEST, A DISTANCE OF 4230.00 FEET; THENCE SOUTH Stewart Title Guaranty Company Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A M I 1 � � �-4 All other uses are prohibited. Reprinted under license from the American Land Title Association. ' 2283A- File No. 01206-64447 ALTA Commitment for Title Insurance (6/17/06) Page 1 Attachment C Proposed Scope & Fee Construction Phase Engineering Services Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application IV 0 2 LLI § � a � E � 0 & a k k } w _j W 2 2 « � @ 0 Q $ ■ a d R 3 7 2 2 R k N q# f / &I 2 k E o S w 0 IM E S /$ 2 Q2� a� 2 _ CO)I § / CL k \ k k A Q a � § � o CD c = _ 7 ¥ � � a > .. u $ oa) 'E k © �2 CD r- 00 LL \ r C*4 O w k k 2 3? 2^ 3 § $ p « C G _ § \ } K $ 2 3 2 3 = / © 2 @ ~ 2 C = 0 / _ J a 2 ® � k a S \ / \ \ 0 = \ m j \ @ 2 § \ \ \ 0 \ f } \ \ c o S / / \ - \ \ \ 7 \ § ` \ 3 » �• $ 5 WO �u $_( k( c c 2 w o c \ \ \ ) } 9 / § 2 @>/ 0 c R 0 0« ƒ % / 2 ¢ S 2 » z \ . 4 « 4 « / \ \ \ \ \ \ � § 0 % 0 E 2 z w 4 f P m � ƒ / i § ƒ F- -J 2 14 3 I _ CM M q, LO co1-- m im w m w m w m w / w e % \ \ ƒ j y \ 2 S / \ £ 0 � / 06 \ � \ E 3 § � _ Contract #20-7806 "Construction Engineering and Inspection Services for the Bulk Hangar at Marco Island Executive Airport (MKY)" SCHEDULE A SCOPE OF SERVICES Objective This scope of services covers construction engineering and inspection services required for the Bulk Hangar at Marco Island Executive Airport (MKY) through the duration of construction for Collier County Airport Authority (CCAA). Project Description The scope of this work is to provide construction engineering and inspection services required for the Bulk Hangar project at MKY. The hangar is approximately 12,000 square feet with a door height of 28 feet with no office spaces or restrooms. The intent of this scope is to perform construction engineering and inspection services necessary to support the various construction elements associated with this project. Construction is scheduled to start in the Fall of 2023. Construction Team ■ Owner - Collier County Airport Authority (CCAA) ■ Construction Manaaer - Atkins North America ■ RPR - Atkins North America ■ Engineer - Hole Montes Inc. ■ Construction Material Testing — Lomski Engineering and Testing, Inc. ■ Contractor - TBD At the request of Collier County Airport Authority (COUNTY), Atkins (CONSULTANT) has drafted this scope of services to define the effort necessary to accomplish the Construction Engineering and Inspection Services for the Bulk Hangar at MKY. This will consist of providing professional services for the project administration and construction management support during construction. Atkins will provide resident project representative (RPR) services for the majority of the construction contract duration. The Engineer -of -Record (ENGINEER) will be contracted directly by the COUNTY to provide professional construction administration services including, but not limited to, the review of shop drawings, responses to CONTRACTOR Requests for Information, revisions to the Contract Documents as required, and project closeout documentation. The CONSULTANT will facilitate and manage the construction administration between the CONTRACTOR and the ENGINEER. The contract documents allow 210 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. Page 1 of 7 Objective The objective shall be the successful completion by the CONSULTANT of project management and construction inspection services necessary for the Bulk Hangar (PROJECT). The overriding objective of the Consultant is to keep the PROJECT on schedule, under budget, and fully coordinated with all parties and to assist in producing a quality constructed product. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the COUNTY, the ENGINEER, and CONTRACTOR& The CONSULTANT shall verify that all elements of construction are being complied with and that the general intent of the contract documents is being met. Also, the CONSULTANT will hire a sub -consultant to perform all required quality assurance testing in the field in order to ensure the construction complies with the Contract Documents. Task 1: Project Administration and Coordination This task involves the internal management of the contract including project bookkeeping, billing, and coordination with project stakeholders. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. The PM will keep the COUNTY advised of the work progress, schedule, and coordinate necessary revisions to the Contract Documents to be performed by the ENGINEER. The PM will be the CONSULTANT's main point of contact and will be responsible for ensuring that the project's goals and objectives are met within the agreed upon schedule. Task 2: Weekly Meetings and Site Visits Under this task, the CONSULTANT's Project Manager will attend weekly meetings and make visits to the site during construction. Such site visits are not intended to be exhaustive in examining the CONTRACTOR's work in progress, but rather to provide a general observation of the work. The CONSULTANT, in conjunction with the ENGINEER, will review the CONTRACTOR's work as observed for general conformance with the Contract Documents. The CONSULTANT will not visit the site to direct or supervise the CONTRACTOR's work. Note that site visits may be coordinated to happen concurrently with regular project meetings or they may be held at other times. The CONSULTANT will also coordinate with Page 2 of 7 the ENGINEER on scheduling site visits in order to observe the progress of construction and perform inspections of various elements of work as required. The CONSULTANT will also conduct a Pre -Construction Conference before the CONTRACTOR is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and ENGINEER(S) will attend the Substantial Completion and Final Inspections. While at these inspections, the CONSULTANT and ENGINEER(S) will review the work for general conformance with the Contract Documents and assist the resident project representative (RPR) with determining a level of completeness. The CONSULTANT will assist the RPR and ENGINEER in compiling a list of items for inclusion in the final punch list. For the purpose of scope definition, the following number of visits is anticipated by a technical lead from each discipline (inclusive of Pre -Construction Conference, Test Strip Paving, Substantial Completion Inspection, and Final Inspection): • Project Manager - 40 (32 weekly meetings/8 additional) • Engineer - 4 Task 3: Shop Drawing Review Coordination This task will include the CONSULTANT's administrative coordination of the review of shop drawings submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Documents. The CONSULTANT will collect, log, and distribute shop drawings to the appropriate ENGINEER for responses and return the shop drawing responses to the CONTRACTOR. Task 4: Responses to CONTRACTOR Requests for Information (RFI's) This task will include the CONSULTANT's administrative coordination of the review of RFI's submitted by the CONTRACTOR, to the ENGINEER, as stipulated in the Contract Documents. The CONSULTANT will collect, log, and distribute RFI's to the appropriate ENGINEER for responses and return the RFI responses to the CONTRACTOR. The ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The ENGINEER shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall also provide support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Page 3 of 7 Task 5: CONTRACTOR Applications for Payment Based on the CONSULTANT's on -site observations as an experienced and qualified inspector, on information provided by the RPR, and on review of applications for payment and accompanying data and schedules, the CONSULTANT and/or RPR shall approve the amounts owed to the CONTRACTOR(s) based on the CONTRACTOR's monthly pay request. Task 6: Resident Project Representative (RPR) Services Under this task, the CONSULTANT will provide on -site Resident Project Representative (RPR) services for the PROJECT. The RPR shall serve as the liaison between the COUNTY, the ENGINEER, and the CONTRACTOR throughout the PROJECT. The foremost duty of the RPR is to observe construction for general conformance with the Contract Documents. The RPR will be responsible for reporting to the Project Manager, the ENGINEER, the Airport, and/or COUNTY when observing work that is unsatisfactory, faulty, defective, or does not conform to the Contract Documents. The RPR will be responsible for rejecting such work as agreed upon with the COUNTY and the EOR. The duties of the RPR will include: • attend the pre -construction conference • coordinate the CONTRACTOR's mobilization to the site • collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc. • inspect and monitor CONTRACTOR activities and construction schedule and coordinate activities with the COUNTY and Airport Tenants • Review the CONTRACTOR's construction work plan, project communications, and site clean-up procedures • maintain a daily construction log to include when the CONTRACTOR is on the job site, weather conditions, changed conditions, list of visitors, testing activities/procedures and general observations • attend weekly progress meetings • review and approve CONTRACTOR's pay requests • take project progress photographs • monitor CONTRACTOR's Quality Control Plan • administrate Change Orders as necessary • organize, prepare for, and lead the substantial completion and final inspections • assist the ENGINEER in creating the CONTRACTOR's punch list of unfinished items • verify the CONTRACTOR's completion of the punch list • collect the CONTRACTOR's as -built information • assist the ENGINEER in preparing the final closeout documentation • assist the ENGINEER in certifying the completion of the project to general conformance with the Contract Documents • Report any deviation from the contract documents or whether it is believed that work is unsatisfactory, faulty or defective • Coordinate the quality assurance sampling and testing of materials and work to be performed by independent testing laboratories Page 4 of 7 The Resident Project Representative shall have limited authority on site as follows: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or ENGINEER as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the CONTRACTORs, SUBCONTRACTORs, or CONTRACTOR's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the CONTRACTOR's work. • Shall not accept shop drawings or sample submittals from anyone other than the CONTRACTOR. • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. The contract documents allow 210 calendar days from notice to proceed to substantial completion of construction plus an additional 30 calendar days for project closeout. This equates to 32 weeks of contract time. To best serve the PROJECT, it is assumed that there will be one (1) RPR full-time on site for eight (8) months. Task 7: DBE and Prevailing Wage Rate Monitoring and Compliance The CONSULTANT will track and monitor the DBE and prevailing wage rates for the PROJECT on an ongoing basis and ensure compliance with the Contract Documents. Task 8: FAA/County Coordination and Grant Management The CONSULTANT will assist the COUNTY on coordination with the various agencies on project funding grant terms, conditions, and assurances and other related coordination items as required during the construction of the PROJECT. Task 9: Preparation of Closeout and Record Documents Under this task, the CONSULTANT will assist the ENGINEER in preparing the project closeout documentation in accordance with COUNTY and FAA requirements. Page 5 of 7 BASIC ASSUMPTIONS The following is a list of assumptions forming the basis of the CONSULTANT's cost proposal for providing the services detailed in the Scope of Services for this PROJECT. Any modification and/or revision to these basic assumptions will constitute a change in the project scope and may result in a revision to the CONSULTANT's cost proposal. 1. The COUNTY will provide office space in the existing terminal for full-time use by the RPR. RPR will take necessary measures to keep office space clean. 2. CONSULTANT shall consult with the ENGINEER and the COUNTY and act as the COUNTY's representative and advisor as provided for in the Contract Documents. The extent and limitations of the duties, responsibilities and authority of the CONSULTANT as assigned in the Contract Documents shall not be modified except as the ENGINEER and the COUNTY may otherwise agree in writing. 3. The fees for the provision of construction administration and RPR services are based on the construction duration for the project specified in the construction documents and an assumed level of staff effort as described above. In the event the construction duration or level of effort required of the CONSULTANT is greater than estimated and specified herein, the CONSULTANT shall be entitled to additional compensation and the terms of this agreement shall be re- negotiated and amended as needed. 4. CONSULTANT shall not be responsible for the acts or omissions of any CONTRACTOR, SUBCONTRACTOR, or supplier at the site or otherwise furnishing or performing any of the CONTRACTOR's work. 5. CONSULTANT shall have the authority to issue a stop work order to the CONTRACTOR when witnessing efforts that do not conform to the construction contract or that may in the judgment of the CONSULTANT jeopardize safety. This shall not relieve the CONTRACTOR of their responsibility to meet these requirements. 6. When recommending payment, CONSULTANT is only representing that the RPR has made visual checks on items installed in field. The CONSULTANT will only check the quality or quantity of CONTRACTOR's work as stipulated to the ENGINEER or RPR in the Contract Documents. 7. CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or CONTRACTOR(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. Page 6 of 7 8. CONSULTANT's review of CONTRACTOR's work for the purposes of recommending payments shall not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes any CONTRACTOR has used the moneys paid on account of the Contract Price; or to determine that title to any of the work, materials or equipment has passed to COUNTY free and clear of any lien, claims, security interests or encumbrances; or that there may not be other matters at issue between COUNTY and CONTRACTOR that might affect the amount that should be paid. 9. The CONSULTANT shall have authority, as the COUNTY's representative, to require special inspection or testing of the work, and shall receive and review certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 10. No additional environmental wetlands permitting (federal and/or local) or mitigation will be required for construction of this project. 11. It will be the responsibility of the CONTRACTOR to obtain any permits necessary for construction. The CONSULTANT will not be applying for or obtaining any construction related permits. 12. The CONSULTANT shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. 13. The CONSULTANT shall have no responsibility for commissioning or engineering inspections. These shall be the responsibility of the COUNTY or the ENGINEER. 14. This scope of services does not include preparation for or testimony during any mediation or litigation which might arise from disputes between the Owner and CONTRACTOR. Such preparation for or testimony during litigation or mediation, should it be necessary, shall be considered outside the scope of this contract. Page 7 of 7 Attachment D Independent Fee Estimate Construction Phase Engineering Services Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application INFRASTRUCTURE CONSULTING & ENGINEERING Andrew Sennett Executive Manager Collier County Airport Authority 2005 .Mainsail Drive, Ste 1 Naples, FL 34114 Re: Independent Fee Estimate (IFE)—12,000 SF Bulk Hangar Construction Services Dear Mr. Betlnett: April 13, 2023 As requested, Infrastructure Consulting and Engineering (ICE) has performed an Independent Fee Estimate for the proposed project referenced above. Enclosed is the spreadsheet with our estimated costs for labor and expenses for this work, a list of methods and assumptions, and an annotated scope sketch. Using the scope of services and exhibit as provided by the Consultant, we have estimated a price for this work at Two Hundred Ninety -Nine Thousand Five Hundred Twenty -Nine dollars and No cents ($299,529.00). In accordance with FAA Advisory Circular I5015100-14E, we hereby certify that this is an Independent Fee Estimate. ICE had no knowledge of the proposed cost for the project during the course of this assignment. Furthermore, we hereby certify that, to our knowledge, we have not, and shall not, provide professional consulting services on this project. Should you have any questions, please do not hesitate to call. S "rely, t Douglas Hambrecht, P.E. Project Manager 5550 W. Idlewild Avenue I Suite 1151 Tampa, Florida 33634 1 813.330.27011 www.ice-engxom Art Equal Opportunity Employer w F Q F w W W LL a D ❑ Z a 7 co r O N Le to N � ❑ tr7 YN,., [p cp to F- M I� O m r � N N F � CL Al [b p� w Co r N N t13 p Tr !i4 F [GG ry N u fD Cl r 6g CN z 11 0 m ZE U ❑ U U � w Q ID Ln Q3 K � C O p O p (D p C7 1[Q) � C W N 46 _J d m N N IT' M r m LO r tl1 ❑7 T„ Qi N44 v a . E 'p co co co m m m o iti ca N a619 tN r� F a v (n a� V co oo N 6Ni �i eg 4.4 c v [SS N U ❑ ❑ R w co a N m(} E Q U7 C N N C (nn 72 LL a �. m Q= ❑ a a conT ❑ -2 in rn C❑C L7 ❑ O C ] u7 a cz U p z J c ¢ ¢ ¢ �.0 2X }C ni Q O b N 6 ll Q3 0 a QJ F CL co x U CE ❑ L Li- fl r- U1 r LV M V 41 to I- OO M Y x x x x x Y Y Y N N N N N iE tl1 f6 VJ R N [6 N (0 N fti N f0 Q Q w 0 O O G IN l!] N r Uf CL M p E cn ¢ `v Attachment E Proposed Scope & Fee Post -Design Engineering Services (EOR) Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application 0 S CDg CD S CD S Q . to 3 a � I* / 7 k 7 - 6 6 - r- $ r- 2 2 k \ S § ® a # } / k / Gq $ $ � 7 co 7 0 00 7 �L) (D / � / e a e a 2 \® /04a_y o/NNE=\ g± e e e # 232RG//23224// t s # m k/ ' 3 ® % % % \ o G ? 2 \ k co %=NCe#-coe«-Go\% : ® 3 3 3 7 y o\/22\®=$$� \&g I=G a / a 3 a j .. G k E © 0 E E � G = = 0 ) 0 2 c \ t / a = 3 u J e < cn m E E= k 2 § m = >\. k� k m 2 0 \ 0 0 � 2 / / § ! > c= a m U m 8 I / f k / / m 7 A7\ ƒ/\ C®(o2 k o 5-_$ (/§ m CLƒƒ 2 S 2 J§ G 02 o 7 0 7 0 m a m � F « « ,7 7 7@ gg0 0 Nww Cl) Cl) Cl) nne I e E 0 _ SCOPE OF SERVICES This scope of services covers construction phase services required for the Marco Executive Airport (MKY) Bulk Hangar for the duration of construction. Project Description Under a previous task authorization, Collier County Airport Authority (COUNTY) commissioned HOLE MONTES (CONSULTANT) to perform design services for the MKY Bulk Hangar. The intent of this scope is to perform post -design phase services necessary to support the various construction elements associated with this project at MKY. At the request of the COUNTY, Hole Montes has drafted this scope of services to define the effort necessary to accomplish the Post -Design (Construction Phase Services) for the MKY Bulk Hangar, excluding Construction Engineering and Inspection (CEI). This will consist of support during construction, in coordination with the CCAA and its (CEI), Atkins North America, and the preparation of closeout documents and record drawings. Objective The objective shall be the successful completion by the CONSULTANT of project post design related services necessary for the various construction elements associated with the Bulk Hangar located at MKY, which excludes any Construction Inspection, as CCAA has retained the services of a separate consultant, Atkins North America, for this work. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall provide technical support during construction along with the preparation of closeout documents and record drawings. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. Page 1 of 3 Task 1: Post Design Services 1.1) This task will include the CONSULTANT's review of shop drawings submitted by the Contractor as stipulated in the Contract Documents. The Resident Project Representative (RPR/ OTHERS) will collect and log shop drawings and transmit them to the Engineer. The CONSULTANT will review the shop drawings and return them to the RPR with necessary comments. The CONSULTANT's review of shop drawings will be limited to general design concepts and general compliance with the Contract Documents. Reviews by the CONSULTANT will not relieve the Contractor of the responsibility of compliance with the Contract Documents. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT will review and comment on each shop drawing or technical submittal a maximum of three (3) times. Additional reviews shall be eligible for additional compensation. 1.2) Under this task, the CONSULTANT will prepare technical responses to the questions submitted by the Contractor in the format of a Request for Information (RFI). The RPR will collect, log, and distribute RFI's to the appropriate technical lead for responses and return the RFI responses to the CONTRACTOR. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT shall also provide technical support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Task 2: Weekly Construction Meetings and Site Visits 2.1) Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will attend meetings (either in -person or by phone) and make periodic visits to the site during construction. The CONSULTANT will also conduct a Pre -Construction Conference before the Contractor is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. Page 2 of 3 In addition, the CONSULTANT's Project Manager and/or technical leads will attend the Substantial Completion and Final Inspections. Task 3: Preparation of Closeout and Record Documents 3.1) Under this task, the CONSULTANT will take the Contractor's red lined and surveyed as -built information and incorporate them into the Construction Drawings for the Airport's record purposes. Also, under this task the CONSULTANT will assist the RPR in preparing the technical related project closeout documentation in accordance with COUNTY and FAA requirements. Page 3 of 3 Attachment F Engineer's Recommendation & Bid Tabs Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 June 1, 2023 RE: Design Entity Letter of Recommendation Award Solicitation No. 23-8120 Bulk Hangar at Marco Island Executive Airport (MKY) Dear Andrew Bennett, Bids were received for the above referenced project by Collier County on May 25th, 2023. Hole Montes has completed our review of the bid submitted by the lowest bidder for this project, and we are pleased to provide the following award recommendation. The scope of the Bulk Hangar at Marco Island Executive Airport project includes the construction of a new bulk aircraft hangar facility at MKY and associated infrastructure. Collier County Procurement's review of the bid tabulations determined that the apparent low bidder is DEC CONTRACTING GROUP, INC. with a bid of $3,063,009.41. Hole Montes was provided with the bid schedule for DEC CONTRACTING GROUP, INC. DEC CONTRACTING GROUP, INC. bid is approximately 14% higher than the Engineer's Opinion of Probable Construction Cost (OPC) of $2,646,807.00. This can be attributed to several factors. First, the rapid growth of the area reduces the number of potential bidders thereby reducing the competition. This allows potential bidders to give higher prices. Second, Hurricane Ian had a significant impact on the area. The hurricane disrupted supply chains for construction materials and equipment as well as increasing demand for repairs and reconstruction. The resulting material shortages caused an escalation in price for building materials, increasing the bidders price. References were provided, and the completed Vendor Reference Check Logs for each reference are attached hereto. Hole Montes was unable to get into contact with the reference for project Key West by the Sea, Bldg. A, Phase 2. The other project references provided by DEC CONTRACTING GROUP, INC. were contacted, Hole Montes determined the references contain sufficient relevant experience with similar projects to demonstrate the required successful experience to complete the project. DEC CONTRACTING GROUP, INC. is a Corporation formed in 2014 in the State of Florida and has been authorized to transact business in the State of Florida since 2018. DEC CONTRACTING GROUP, INC. is registered with the Florida Department of Business and Professional Regulation as a Construction Business The Engineer has not worked with DEC CONTRACTING GROUP, INC. for projects located in Collier County. However, based on favorable performance reviews provided on the Vendor Reference Logs and its licensing, it appears that it is a qualified firm to conduct the requested work. Based on the above information Hole Montes recommends DEC CONTRACTING GROUP, INC. be awarded the Bulk Hangar at Marco Island Executive Airport project in the amount of $3,063,009.41. Should there be any questions, please feel free to contact our office. Sincerely, "0 nlllle, YA Digitally signed by Austin Tyler DN: E=austinbm n@hmeng.com, - amn q f CN=Austin Tyler Brown, O="Hole Montes, Inc.", L=Naples, aZonAx S-FLORIDA,C=US `•. 'bw�i Date:2023.06.0214:49:00-04'00' Austin Brown, P.E. s Co -rer County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8120 1 Reference Check by: Eglantin Dashi (Hole Montes) Bulk Aircraft Hangar at Marco Island Solicitation Title: Executive Airport (MKY) Date: 05/30/2023 Bidder's Name: DEC Contracting Group Inc Phone: 239-985-1244 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Hodges University Project Location: 4501 Colonial Blvd., Ft. Myers, FL 33966 Project Description: Health Sciences Building Alteration Completion Date: 05/28/2020 Contract Value: $1,665,632.00 Project Owner/Title: Hodges University, Inc. Owner's Address: 2647 Professional Circle, Naples, FL. 34119 Phone: 239-938-7700 Owner's Contact Person: Skip Camp E-Mail: scamp@hodges.edu 1. Was project completed timely and within budget? (If not, provide detail) On time, under budget 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. 2 minor changes initiated by client, none initiated by contractor 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? 2 minor warranty issues. Contractor responded promptly 7. Additional comments: Project done during Covid, resulting in major contract savings. Skip said in his 33 years with Collier County, DEC Contracting is the best contractor he has worked with. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 s Co -rer County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8120 1 Reference Check by: Eglantin Dashi (Hole Montes) Bulk Aircraft Hangar at Marco Island Solicitation Title: Executive Airport (MKY) Date: 05/30/2023 Bidder's Name: DEC Contracting Group Inc Phone: 239-985-1244 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: RMCA Phase 1 & 2 Project Location: Immokalee, FL. Project Description: ISC 3`d Floor Renovations & Interior Alterations Completion Date: 01/23 Contract Value: $795,257.00 Project Owner/Title: Redlands Christian Migrant Association Owner's Address: 402 W Main St. Immokalee, FL 34142 Phone: 239-658-3560 Owner's Contact Person: (Facilities Victoria Contrera Director) E-Mail: 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes, it exceeded expectations 4. Did the process run smoothly? Were there any changes? Describe below. Yes. No changes initiated by DEC. All changes initiated by Owner. DEC very responsive. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Additional comments: Spoke to Victoria Contrera, the Director of Facilities. Mike Facundo listed as contact person was not reachable at the number provided. DEC is very good at documenting the project. Uses ProCore. Very professional at any level. Very involved and responsive. Currently working on Phase 3 of the project. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 s Co -rer County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8120 1 Reference Check by: Eglantin Dashi (Hole Montes) Bulk Aircraft Hangar at Marco Island Solicitation Title: Executive Airport (MKY) Date: 05/30/2023 Bidder's Name: DEC Contracting Group Inc Phone: 239-985-1244 Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Getaway Sludge Loading Project Location: Lee County, FL Project Description: Pre Engineer Metal Building for Sludge Loading Completion Date: 03/2022 Contract Value: $369,995.00 Project Owner/Title: Lee County BOCC Owner's Address: 2120 Main St. Ft. Myers, FL 33901 Phone: 239-206-5095 Owner's Contact Person: Ross Hackethal E-Mail: rhackethal@drmp.com 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. One minor CO initiated by contractor. Didn't affect schedule and budget. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues 7. Additional comments: Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 s Co -rer County Administrative Services Department Procurement Services Division VENDOR REFERENCE CHECK LOG Solicitation No.: 23-8120 1 Solicitation No.: 23-8120 Bulk Aircraft Hangar at Marco Island Bulk Aircraft Hangar at Marco Solicitation Title: Executive Airport (MKY) Solicitation Title: Island Executive Airport (MKY) Bidder's Name: DEC Contracting Group Inc Bidder's Name: DEC Contracting Group Inc Design Entity: Hole Montes, Inc. REFERENCED PROJECT: Project Name: Project Description: Completion Date: Project Owner/Title: Owner's Address: Owner's Contact Person: Mariner Middle School Single Point Entry 11/2022 School Board of Lee County 3308 Canal St. Ft. Myers, FL 33916 Matthew Burbach Project Location: Cape Coral, FL Contract Value: $126,965.22 Phone: 1 239-479-4207 E-Mail: I matthewbu@leeschools.net 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes. There was only one CO for the project, initiated by Owner 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No warranty issues since project closeout. 7. Additional comments: Positive overall experience with DEC Contracting, not only on this project, but also on several other projects the School Board has done with DEC. Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20 Attachment G Low Bid Package Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MKY) Rim! Crh.A.dn DEC Contracting Group, Inc. DESCRIPTION OF WORK I UNIT I CITY I COST I TOTAL 1.0 GENERAL REQUIREMENTS 1.1 General Conditions GENERAL REQUIREMENTS - TOTAL 2.0 GEOTECHNICAL Surcharging Site GEOTECHNICAL-TOTAL 3.0 SITE WORK - Documents prepared by Hole Montes, Inc. C-102 Installation and Removal of Silt Fence C-105 Mobilization Section 120-4 Subsoil Excavation Section 120-6 Embankment Section 522-1 Concrete for Sidewalks (4") T-904 Sodding F-162 Installation of Fence D-701 12"x18"CL3 ERCP Section425-1 FDOT Type 'C' Inlet Utility Sitework SITE WORK - TOTAL 4.0 BUILDING - Documents prepared by SchenkelShultz Concrete Site Assessment (includes Surveying, Material Testing, Pest Control) Metal Building System (includes all building components, doors) Plumbing HVAC Electrical (including charging stations) Data/Telecommunications/Security BUILDING - TOTAL 5.0 OWNER'S ALLOWANCE* TOTAL BID UNIT CITY COST I TOTAL LS 1 $375,832.67 1 $ 375,832.67 $ 375,832,67 UNIT CITY COST I TOTAL LS 1 $ 359,992.98 1 $ 359,992.98 $ 359,99278 UNIT CITY COST TOTAL LF 665 $3.60 $ 2,394.00 LS 1 $59,998.83 $ 59,998.83 Cy 300 $13.20 $ 3,960.00 Cy 710 $63.60 $ 45,156.00 Sy 51 $228.00 $ 11,628.00 SY 1024 $8.90 $ 9,113.60 LF 51 $235.29 $ 11,999.79 LF 39 $138.00 $ 5,382.00 EA 1 $12,599.75 $ 12,599.75 LS 1 $13,439.74 $ 13,439.74 $ 175,671,71 UNIT CITY COST TOTAL LS 1 $443,871.34 $ 443,871.34 LS 1 $35,999.30 $ 35,999.30 LS 1 $1,125,626.04 $ 1,125,626.04 LS 1 $20,072.01 $ 20,072.01 LS 1 $177,596.54 $ 177,596.54 LS 1 $123,347.99 $ 123,347.99 LS 1 $59,998.83 $ 59,998.83 $ 1,986,512.05 $ 165,000.00 $ 3,063,559.41 *Owner's Allowance is for Owner 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 Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change. Vendor Check List YES/NO Notes Bid Schedule Yes Form 1: Bid Response Form Yes Form 2: Contractor Key Personnel Yes Form 3: Material Manufacturers Yes Form 4: List of Major Manufacturers I Yes Form 5: Statement of Experience of Bidder Yes Form 6: Trench Safety Act Yes Form 7: Bid Bond Yes Form 8: Insurance and Bonding Requirements Yes Form 9: Conflict of Interest Affidavit Yes Form 10: Vendor Declaration Statement Yes Form 11: Immigration Affidavit Certification Yes Form 12: Bidder's Checklist Yes FORM 1-,BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BULK AIRCRAFT HANGAR AT MARCO ISLAND EXECUTIVE AIRPORT BID NO. 23-8120 Full Name of Bidder DEC Contracting Group, Inc. Main Business Address 1560 Matthew Drive, Ste B Place of Business Ft. Myers, FL 33907 Telephone No. 239-332-4322 Fax No. 239-332-0180 State Contractor's License # CGC1526430 State of Florida Certificate of Authority Document Number P14000020944 Federal Tax Identification Number 46-4934701 DUNS # 079391270 CCR# Cage Code 74UA6 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 above -noted iigaidated damages as a penally, wluch the parties agree represents a tair and reasonable estimate of Owner's actual dam7ges at the tune of bidding if the Successful Bidder fails to execute and deliver the Agreement, ln5til'RnCe Ceilificates, and Bonds in a timely manner. Upon receipt ofthe signed and approved agreement and Purchase Order, the undersigned proposes to connnence 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 Illis Bid within two Ituuclred and ten (210) consecutive calendar days, computed by excluding the commenceineut date and including the last day ofstich period, and to be fully completed to the point of final acrEptance 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 Authorized Agent Title: Vice President Date: May 23 2023 Construction Solicitation Doc rev 04152022 BULI{ AIRCRAFT HANGAR AT MARCO ISLAND EXECUTIVE AIRPORT BID NO. 23-8120 Name Brad Ninkovich Erika Bodenstein Personnel Category Construction Superintendent Project Manager Construction Solicitation Doc rev 04152022 fORN13- MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR 0I1) 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 qual ity 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, Biddcr shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. CompIcte and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my fine, I confirm that we will use all manti factLn•crs and materials as specifically outlined in the Bid specifications. Company: Signature: Section B (Exception requested to Bid specifications manufacturers and materials) 2. 3, 4. 5. May 23, 2022 EXCEPTION MATERIAL EXCEPT ON MANUFACTIJIdER Please insert additional pages as necessary. Company: Si Date Construction Soficitation Doc rev 04152022 FORM 4 - LIST OF MAJOR. SUBCONTRACTORS THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMC, D NON -RESPONSIVE The undersigned status that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the I3id specifications. Tho undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as deftned 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 lioenses, certifrcations, 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 rernovOreplace 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 Contrast 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 nosed above. Major Category of Worn Subcontractor and Address i. Electrical Whiddeu liloctric fim. - Lehigh Acres, FL _ Breec} no - Delray Beach. FL 2. Mechanical 3 Pltunbitig Indigo Piumbing - Ft. Myors. FI, 4. Site Work B-hock Solid - Ft. Myers, Fl.. 5. Identify other subcontractors that represent more, than 10% of price or that affect the critical nth at'tlxc schedule. Trident Building systems - Sarasota, FL Company Signature: te: May 23, 2023 Construction Solicitation Doc rev 04152022 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. IS 2. 3. Key West by the Sea, Bldg. A, Phase 2 (project name) Key West, FL (project location) Monroe County BOCC (project owner) 110 Simonton Street, Key West, FL 33040 (Owner's address) Residential Sound Insulation Program Dale Griffin Construction Manager (project description) (Owner's contact person) (title) 09/2021 - 05/2022 $ 3,814,607.91 407-456-2443 d.griffin@thcinc.net (project start/completion dates) (contract value) (phone) Hodges University Hodges University, Inc. (project name) (project owner) 4501 Colonial Blvd., Ft. Myers, FL 33966 2647 Professional Circle, Naples, FL 34119 (project location) (Owner's address) Health Sciences Building Alterations (project description) Skip Camp Facilities Director (Owner's contact person) (title) 11/0I/2019 - 05/28/2020 $ 1,665,632 239-938-7700 scamp@hodges.edu (project start/completion dates) (contract value) (phone) (email) RCMA Phase 1 and Phase 2 Redlands Christian Migrant Association (project name) (project owner) Immokalee, FL 402 W. Main St., Immokalee, FL 34142 (project location) (Owner's address) ICS 3rd Floor Renovations & Interior Alterations Mike Facundo Architect (project description) (Owner's contact person) (title) 10/2021 - 01/2023 $ 795,257 239-658-3560 iiiike@lifarIiitects.net (project start/completion dates) (contract value) (phone) (email) Construction Solicitation Doc rev 04152022 Em 5. FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER Gateway Sludge Wading (project name) Lee County BOCC (project owner) LeeCo. urtty Florida 2120 Main St., Ft. Mycis, FL 33901 (project location) (Owner's address) Pre-bigineer Metal 13ldg. for Sludge Loading Ross fiackethal professional Engiu�er (project description) (Owner's contact person) (title) 0312022 $ 369,995 (project completion date) (contracl value) Mariner Middle School (project name) .239-206-5095 rhackethal@drmp.cOm (phone) (email) Sclipol Board of Lee County Florida (project owner) Cape Coral, FL 3308 Canal Street, Ft, Myers, I- L 33916 (project location) (Owner's address) Single point Entry Matthew Burbach Pin�ect Mans eg (project description) (Owner's contact person) 1 1 i2022 (project completion date) C0111 pally:►• $ 126,965.22 239_479.4207 niattltewbti e-bleeseltoo.ls.net (contract value) (phone) (email) Date: May 23. 2023 Constrtxtion Solicitation Doc rev 04152022 FORM G - TRE.NCf 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: "French Safety Units of Unit Unit Extended Cost Measure Measure(Quantity) Cost (Descrin#ion) (LF,S�O W1:1 2. I 4, 5. NIA N/A NIA N/A TOTAL Company: DEC Signature: Inc. Date: May 23, 2023 Construction Solicitation Doc rev 04152022 FORM 7-BID BONA THIS FORM MUST 99 COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON- RESPONISBLL KNOW ALL MEN BY 'ITEIE.SE PRESENTS, that we PECConlractmp Group, Inc. (herein after called the Principal) and Thy, Qhl.Sirasualty Insurance Company -_, (herein called the Surety), a corporation chartered and existing under the laws of the State raC ,;� with its principal offices in the city of Mahwah, NJ _ and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Procummont(hereinafter called the Owner), in the full and just sum Of Five Percent of the Amount Bid dollars ($ 5% )good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, tile Principal is about to submit, or has submitted to the Owner, a Bid for Furnishing all labor, materials, equipment, and incidentals necessary to flu-hish, install, and filly complete the Work on the Project known as Bid No. 23-8120 Bulk Aircraft Hangar at Mareo Island Executive Airport, NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the requited Agreement with the Owner and within ten days aRer the date of a written Notice of Award in accordance with the terms of such Did, 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 forthe faithful performance ofthe Agreement and for the prompt payment of labor, materials, and supplies furnished in the prosecution thcreof or, in the event.of the f0ure ofthe 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 OHL1G>~1~ the fixed sum of$4°i'��` noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null avid 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 �Fa�ed (hi's &ih Slay of May , 2023 DEC ConirazUaa GrouR. Inc. Principal r BY (Seal)71 Surety (Su;af) Countersigned Appointed Producing Agent for The Ohio Casualty Inswance Company CONSENT OF SURETY KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1.00 lawful money of the United States of America, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration The Ohio Casualty Insurance Company, incorporated organized and existing under the laws of the State of New Hampshire and licensed to do business in the State of Florida, certified and agrees, that if the contract for the Collier County Procurement, FL — Sid No. 23-8120 Bulls Aircraft Hangar at Marco Island Executive Airport is awarded to DEC Contracting Group, Inc., the undersigned Corporation will execute the bond or bonds as required of the contract documents and will become Surety in the full amount set forth in the contract documents for the faithful performance of all obligations of the Contractor. Signed and sealed this 9111 day of May 2023. The Ohio Casualty Insurance Company Cheryl R. Joloman, Attorney -in -Fact Witness: Zachary Rosenthal, As to Surety CORPORATE AGKNOWLEDGMENT I State ofr County of On this 9t" day of May 2023, before me personally came 5 -t Y to me known, who being by me duly sworn, did depose and say that he/she is the V l of DEC Contracting Group, Inc. corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by like order. My commission expires `� r� Notary Public YP� •••� ' DORIAN MCCLIUN * * CMml"W # HFI2M24 � bf FL64 9B Jana % 202a SURETY ACKNOWLEDGMENT State of New Jersey County of Middlesex On this 91h day of May 2023 Before me personally came Cheryl R. Coleman to me known, who being by me duly sworn, did depose and say that he/she is an Attorney -in -Fact of The Ohio Casualty Insurance_ Company the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SUSAN A. tOJO My commission expires paIC CIala of NPVLJBn4] Vy Commission Expires 1IM2027 (n c _ m 16@ Oo �cr, U O 0� m �@ _ :3 -o c •� O do O a) c tp m f0 � m O .0 1= 6 `Om This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8206800-969516 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cheryl R. Coleman; Marc J. Michalewsky; Mary J. D'Amato; Sandra A. Pace; Thomas True; Zachary J. Rosenthal all of the city of Westfield state of NJ each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11 th day of November , 2021 . Liberty Mutual Insurance Company P� tNS(Jy P�1v Ugq INS& %NSThe Ohio Casualty Insurance Company tiJ ooaPoRar y� q3 OoaPopa, .1C+ C, of, oRar do West American Insurance Company 3 Fo 1912 0 1919 ' 1991 Y i y Z ru p O �? Yd 9s'TA CHUSF� 63HAIAP`v�� b3 f �A'DIAHP 63 /�r %�l� ! CCCC 6n�/ * By.. David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY this I 1 th day of November , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written PpSTF �y� 4 F40gpy i Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County ��/� OF My commission expires March 28, 2025 By: q� ;r O Commission number 1126044 Member, Pennsylvania Association Notaries eresa Pastella, NotaryPublic �` % _,- of This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of allomey of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of May , 2023 . F� 1NSUR9 �'1V INSUR \Nsuy tiJ GOpPOR4 yyZr OoaPop,r qy VPoopPor�r'tC � 2 Fa m 0 2 Fo m w= Fa m 1912 0 0 1919 LU 1991 0 z m o o B d,>19sSA C HUS.daS' yO ��NAM?5 b3 f xNDIAO' b3 Y• *� Spa 1P * a Renee C. Llewellyn, Assistant Secretary 0_O N l0 E E a_o O O V N N O N a00 `O' 0 -o cn C: m@ ao c o an �@ `oT l a LMS-12873 LMIC OCIC WAIC Multi Co 02121 mutuit Liberty SURETY THE OHIO CASUALTY INSURANCE COMPANY FINANCIAL STATEMENT — DECEANIBER 31, 2021 Assets Cash and Bank Deposits ......................................... $134,628,410 *Bonds — U.S Government ..................................... 1,015,453,874 *Other Bonds............................................................ 4,501,743,412 *Stocks ..................................................................... 268,876,063 RealEstate.............................................................. 0 Agents' Balances or Uncollected Premiums........... 812,483,102 Accrued Interest and Rents ..................................... 33,044,141 Other Admitted Assets ............................................ 1,691,401,219 Total Admitted Assets .................................... 8.463.930.361 Liabilities Unearned Premiums ................................................ $1,457,114,535 Reserve for Claims and Claims Expense ................ 4,044,665,363 Funds Held Under Reinsurance Treaties ................. 0 Reserve for Dividends to Policyholders .................. 276,207 Additional Statutory Reserve .................................. 0 Reserve for Commissions, Taxes and Other Liabilities ................................................ 460,636,079 Total................................................................. S5,962,692,184 Special Surplus Funds ................. $ 28,510,778 Capital Stock ............................... 4,500,000 Paid in Surplus ............................ 738,183,897 Unassigned Surplus ..................... 1,730,043,502 Surplus to Policyholders ................................ 2,501,238,177 Total Liabilities and Surplus ................................ S8,463,93143M JP�0 INS y 00 0 yr CP Fo * Bonds are stated at amortized or investment value; Stocks at Association Market Values. 0 1919 3 The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial �Sf1 HAM? SOPW 2 statement filed with the state of Ohio Department of Insurance. 1, TIM MIKOLAJEWSKI, Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2021, to the best of my knowledge and belief. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 81h day of March, 2022. Assistant Secretary S-12620CIC/a 3/22 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer, and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages) and charge the Vendor for such coverageLs) 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(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 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. Collier County Florida hisuirartice and Bonding Requirements Insurance / Bond Type Required Limits I. N Worker's Compensation Statutory Limits or Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compennsmion coverage or a Certificate of Exemption issued by the State of Morida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof ofexeniplion. An application for exemption can be obtained online at htt s://a s.fldf .conilboeexcm t/ 2. ® brnl7loyer's Usability $_1,000,000 single Iimit per occurrence 3. Z Commercial General Bodily Injury and Property Damage Liability (OCcnrrenee Form) patterned oiler the S 1,0 0,000 single limit per accUrrenCe, $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 Conti-actUal Liability_ 4. ® Indemnification To the maximum extent permitted by r1orida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to die extent caused by the negligence, recklessness, or intentionally wrongful conduct of the C'ontractorl Vendor or anyone employed or utilized by the ContractorlVendor in the performance of this Agreement. 5. ® Automobile Liability $_1,01)0,000 Each Occurrence; BodiLy Injury & Property Damage, Owned/No n-owned/1-iired; Automobile Included G. 0 Other Insurance its ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and i-Iarborworker's Act coverage shall be niaintaincd where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (.tones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agrccment. $ Per Occurrence F Pollution $ Per Occurrence ❑ Professional Liability $ Excess Coverage/Urnbrelln ❑ Valuable Papers insurance [ Cyber Liability ❑ Teehnolo: Errors & Omissions Perciaim & in the aggregate $3,000,000 Per Occurrence $ Per Occurrence S Per Occurrence $ Per Occurrence 7. ® Bid bond Shall be submitted with proposal response in the form of certified fiords, 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. ® 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 — 3/20/23 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. Cofer oulryty Procurement Services DMsion FORM 9— C ONFLIC r' OFF` INTERESTAFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project at'filiated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground roles— The Firm has not set the "ground rules" for affiliated past or cun•ent Collier County project identified above (e.g., writing, a proclurcment's statement of work, specifications, or performing systems ertigineering 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 oo an affiliated past or current Collier County project identified above to evaluate proposals f 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 recess to nonpublic intorrnation as park 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 contractorlvender nrtist provide the following: 1. All documents produced as a result of the work completed in the past or currently bcing worked on for the above - mentioned project; and, 2. 1rid icate iftlie information produced was obtained as a matter of public record (in the "sunshine") or through non - Public (riot in the "sunshine") conversation (s), ineeting(s), docuntent(s) and/or other means. liaflure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result iu the disqualification for future solicitations affiliated with [lie above -referenced project(s). By the: signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict, DEC Contracting; Group, Inc. Company Name Signature Erika Bodenstein, Vice President Print blame and 'Title State of Florida County of Lee The foregoing instl'LlIlle t was acknowledged before me by nteaas Pft physi�aI prgenee or ❑ online notarization, this _E� day of (month), (year), bri(C1�► C� P St1til=" , ,, _—(name of person acknotivledgina C ti ti ,tom_ (Signature of Notary Liblic - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Pef rsonally Known) OR Produced Identification 4N, t� i Type of Identification Produced MAN MCCLNN * * ComiNse n # HH 273324 "BOA 14g4�x t-:xpira®Jana 7, 2028 C ,O)tr C0141,1ty Prtxxtrement Services Divislon FORM 1I.Il— VENDOR DECLARATION STATEMENT BOARD OF CQ[3Af1" Y COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners - The undersigned, as Vendor declares that this response is made without connection or arrangement wish 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 speciticnlions/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 establislung a formal contractual relationship between the firm and Collier County, for the perforniance 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. Nrther, the vendor agrees that irawardcd 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. 1N Vi rrNESS WHEREOF, WE, have hereitn.to subscribed our names on this 23 day of May . 20 23in the County of Lee , in the State of Florida — Firm's Legal Name: Address; City, state, Zip Code; Florida Certificate of Authority Document Number Federal Tax identification Number *CCR # or CAGP- Code *Only if Grant Funded Telephone: E'rnniL Signature by: (Typed and written) Title: M 11 2 El F i 46-4934701 Cage Code 74UA6 Vice President Send payments to: (required if different 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: Additional Contact Information Company name used as payee Douglas R. Masch II dougLdeccontracting.com 239-332-4322 CO CY CO-Unty Procurement ,Services Divisk)n FORM 1111- IMMIGRATION AFITIDAVI T CER'f II+ICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. further, Vendors art, 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 copy of the properly completed E-Verify Company Profile page or a copy ofthe fully exectited E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission ofthe Vendor's bid Or within five (5) day of the Courtty's Notice of Recommend Award, FATI,URE TO E7CL+'CL1'TE' TUB AFFII)AVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALIBID MAY DEEM TIIE 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) ofi[te Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Seclion 274A (e) of the INA. Such Violation by Ilse recipient of the Employment Provisions contained in Section 274A (e) of (lie INA shall be grounds for unilateral termination of the contract by Collier County, Vendorattests that they are frilly 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 Dcpartntent of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposaUbid. DEC Contracting Group, lric, 8-1 Company Name 6ignakure _Enka-Bodi,,jistein. Vice President Print Name and Title State of Florida County of Lee The foregoing instrument was acknowledged before me by means of hysrcal prase ice cr �on_line notarization, this day of ' (month}, �(yepr), b] -. 1ya,v�iLi�' (panne of person acknowledging). Personally ICnown� OR Produced Identification Type of identification Produced (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) �41�xPL n DORIANMCCLAIN * * Commlgslon 4 Hlf 273324 'r aFFLo�° Exp1r©sJune 71202Q 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 PROVIDE THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSWE/NON- RESPONSIBLE. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following online standard documents have been reviewed and accepted in BidSync: a. Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b. Contractors Key Personnel (Form 2) c. Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal. 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. 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 c. Certificate of Authority to Conduct Business in the State of Florida (sunbiz.org) d. Any required professional licenses — valid and current (myfloridalicense.com) (i.e., General Contractor's license, Underground Utility, and Excavation, Builders, Trade Contractors, etc., as applicable, requested, and/or required.) e. Vendor W-9 Form 10. 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 is 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. Cotner C.11ty Procurement Services Division Email: mattlhew,catoeacalliercauntyfZ.gov Telephone: (239) 252-6098 Addendum #1 Date: April 27, 2023 From: Matthew Catoe, Procurement Strategist To: Interested Bidders Subject: Addendum #1 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MICY) The following clarifications are issuers as an addendum: Change 1'. Addition: Marco Island Executive Airport Bulk Hangar Construction Documents - Door Hardware Set shown below per question i. If YOU require additional information, please post a question on our Bid Sync www.bids nc.com) bidding, platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. May 23, 2023 Datc DEC Contracting Group, Inc. (Name of Firm) DOOR HARDWARE SET Doors: 101 A, 101 B, 101 C, 101 D Description: EXTERIOR EXIT DEVICE W/ CARD ACCESS 3 Hinge, Full Mortise, Hvy Wt 1 Rim Exit Device 1 Cylinder UL 437 1 Surface Closer 1 Kick Plate 1 Threshold 1 Gasketing 1 Rain Guard 1 Sweep 1 ElectroLynx Harness (hinge) 1 ElectroLynx Harness (to ceiling) 1 Position Switch 1 Power Supply 1 Electric Power Transfer Marco Island Executive Airport Bulk Hangar Construction Documents T4A3386 NRP US32D MK 7150 WS B MELR MO626F 630 YA Medeco 26 MC UN14400 689 YA K1050 8" x LAR US32D RO 2005AT PE 303AS PE 346C PE 315CN PE QC-CxxxP MK QC-C 1500P MK DPS-M-BK SU AQD Series as Required SU EL-CEPT SU Notes: Door is normally closed and locked. When presented with valid credentials, reader activates latch retraction. During power failure or fire alarm, door remains locked (fail secure). REX switch within exit device allows free egress at all times. All exterior doors on this project shall meet FBC standards for windstorm. The door hardware specified is listed as a basis of design. If alternate hardware is proposed, please provide third -party test results and compliance information to architect. #2022711 DOOR HARDWARE 0871 00 -19 @SCHENKELSHULTZ 02/03/23 CORM C0114VIty Pmcurement Services DMslart Date: May 2, 2023 Email: niattliew.catoe a colliercoL►ntyfl.gov Telephone: (239) 2.52-6098 Addendum #2 From: Matthew Catoe, P1'ocure171ent Strategist Ta: Interested Bidders Subject: Addendum 42 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MKY) The following clarifications are issued as an addendum: Grange 1: Revise 23-8120 Exhibit Specifications —3.1.17.1 Painting Addition: 1. All structural steel members shall be cleaned free of oil, dirt, rust, Loose scale and foreign matter prior to painting rnecting a SSPC.SP-10-85 near -white blast cleaning specification. SSPC- 6 can be utilized For the cleanin as an alternate to SSPC-10. Change 2: Revise 23-8120 Exhibit J Specifications — .fart 2 — Products Addition: 2.1 MANUFACTURERS A. Manufacturers, Subject to compliance with requirements, provide products by one of the following: 1. Chief Buildings; Chief industries, Inc. 2. Mid -West Steel Building Company; an NCI company. 3. Nucor Building Systems; a Nucor company. 4. Trident Building Systems, Inc. 5. Val'CO-Prllden Buildings; a division of BlueScope Buildings North America, Inc 6. AC1 Building Systems. 7. Vulcan Steel Structures, Inc. If you require additional information, please post a question on our Bid Sync (www.bidsync.coin bidding, platform under the solicitation for this project. Please sign below and return n copy of this Addcndum with ,your submittal for (tie above (Signature) DEC Contracting Group, Inc. (Narne of Firm) May 23, 2023 Date C0 er Cnunty Procurement Services Division Date; May 4, 2023 Emaik tCristofer.lopc acolliercountyfl.gov Telephone: (239) 252-6098 Addendum #3 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum 43 Solicitation 23-8120 Bulk Almraft Hangar at Marco Island Executive Airport (MKY) The following clarifications aiv issued as an addendum: Change 1: Revise 23-8120 Exhibit J Specifications Part 2 — Products Addition: SECTION 264113 - LIGHTNING PROTECTION SYSTEM 2.1 MANUFACTURERS A. Thompson Lightning Protection, Inc. - Premium Line B. Independent Protection Company, Inc. - Premium tine C. Heary Bros. Lightning Protection - Premium Unes D. Harger Lightning Protection, Inc. - Premium Line E. Robbins I-Jahtning, Inc. 2. Exhibit M S Boring Location Plan has been uploaded 3. Exhibit L Construction Stormwater Pollution Prevention Plan Template has been uploaded If you require additional information, please post a question on oui' Bid Sync (www.bidsyc.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. May 23, 2023 Date _ DEC Contracting_ Group, Inc. (Name of Firm) Ctv*r Count Procurement Services Division Date: May 8, 2023 Email: Kristofer.lopec( colliercountyfl.gOV Telephone: (239) 252-6098 Addendum 44 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum 44 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MKY) The following clarifications are issued as an addenduin: Change 1: Nov rends: Bid due date is May 23, 2023 & 3:00 PM EST rru siar�rrrJtrrwsrr. �� rrn rw�►, issti=.ntiY ���r�riw ia�r � n[w � Now reads: Question Answer Period ends Friday May 12, 2023 [t. 5:00 PM EST Change 3: Revised Bid Schedule has been uploaded: 23-8120 Bid Schedule Revised 4. 23-8120 Exhibit L Geatech Report has been uploaded 5.23-8120 Exhibit M Existing Conditions & Demo Plans has been uploaded 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 an([ return a copy of this Addendum with your submittal for the above repnced solicitation. (Signat DEC Contracting Group, Inc. (Name of Firm) May 23, 2023 Date twr �Unty Pr+m uerrie*nt Services Dnrt ton Date: May 15, 2023 Email: Kristofer.lope7�&,colliercountyfl.gov Telephone: (239) 252-6098 Addendum #5 From; Kristofer Lopez, Procurement Strategist T0., Interested Bidders Subject: Addendum #5 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive AirporL (MKY) The following clarifications are issued as an addendum: Change 1, Pursuant to the information provided by the metal building manufacturers regarding the unavailability of Florida Product Approvals related to the translucent roof panels shown and called for on the Roof Plan (Sheet A151) and Reflected Ceiling Plan (Sheet A140), furnish and Install standard standing -seam trapezoidal -rib metal roof panels per the specifications, Section 13 34 19, Article 2.5, in place of the translucent roof panels. Traditional skylights will not be requited. Change 2: As Reads: Now Reads: Th I Bidder hall be recuired to finially Qoinplete all Work within three undr n i - ix 366calendar days from itudr the Commencement Datc specified. in the Notice t Proceed. The final cony Motion days include substantial completion days of three hundred and thi -six 33C� calendar days with an additional thirty ( 30calendar d s o f completion Change 3: 23-8120 Solicitation Rcviscd has been uploaded If you require additional information, please post a question on our Bid Sync (",k%,%y,hidZ nc.coi bidding platform under the solicitation for this project. - - Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. May 23, 2023 Date DEC Contracting Group, Inc. (Name of Firm) SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND 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. The services performed by the awarded Contractor shall be in compliance with all applicable Federal Aviation Administration 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, The term "contractor" is understood to mean a contractor, subcontractor, or consultant; and means one who participates, through a contract or subcontract (at any tier). 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 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 1. AFFIRMATIVE ACTION REQUIREMENT NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: 17.9% Goals for female participation in each trade: 6.9% These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; qnd the geographical area in which the subcontract is to be performed. Page 2 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Florida, Collier, Marco Island. 2. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or Consultant or Its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract. The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice_ The duties and obligations imposed by the Contract Documents and the rights and remedies available there under are in addition to. and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 3. BUY AMERIfCAN PREFERENCE (AND CERTIFICATION) The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws, 1 U-S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. The bidder or offeror must complete and submit the certification of compliance with FAA's Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA's Buy American Preference and BABA. The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer - based products (including polyvInyIchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S. 4. CIVIL RIGHTS -- GENERAL The General Civil Rights Provisions found in 49 USC § 47123. derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of funding source. In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited Fnglish proficiency), creed, sex (including sexual Page 3 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Specific Clause that is used for General Contract Agreements The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. Specific Clause that is used for Lease Agreements or Transfer Agreements If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor. The above provision obligates the Contractor for the period during which the property is owned, used or possessed by the Contractor and the airport remains obligated to the Federal Aviation Administration. 5. CIVIL RIGHTS - TITLE VI ASSURANCE Title VI Solicitation Notice The COUNTY, ), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: ® Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); ® 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); ® The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); ® Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); Page 4 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must • take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)1; • . Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Compliance with Nondiscrimination Requirements During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Page 5 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 6 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE AIRPORT IMPROVEMENT PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of the Airport Improvement Program grant assurances: A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent Nondiscrimination Acts and Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, (The FAA) will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the (FAA) will have the right to enter or re-enter the lands and facilities thereon, and the above -described lands and facilities will there upon revert to and vest in and become the absolute property of the (FAA) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by (FAA) pursuant to the provisions of the Airport Improvement Program grant assurances. a. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination Acts and Authorities. Page 7 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES b. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, (FAA) will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* c. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, (FAA) will there upon revert to and vest in and become the absolute property of (FAA) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 7. CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the County immediately upon discovery. The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. 8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENT 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. Page 8 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. 9. COPELAND "ANTI -KICKBACK" ACT Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 10. DAVIS-BACON REQUIREMENTS 1. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Page 9 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and Page 10 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract_ In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or liar correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)ti), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number), The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at hgp.-Ilwww.dol.yavlosafwhdlformslWh347instr.hrm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). Page 11 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (B) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise Page 12 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. Page 13 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in29CFR §5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001. 11. DEBARMENT AND SUSPENSION CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT Page 14 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must confirm each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally - assisted project. The successful bidder will accomplish this by: (1) Checking the System for Award Management at website: http://www.sam.gov. (2) Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. (3) Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. 12. DISADVANTAGED BUSINESS ENTERPRISE Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the COUNTY to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. 4.95% of FAA -assisted contracts will be expended with DBE contractors through race neutral means. Contract Assurance (§26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment Mechanisms (§26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Authority. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is substantially (95 percent) completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the Authority. This clause applies to both DBE and non -DBE subcontractors. Florida Department of Transportation DBE Certification Requirements for FAA Grant Funded Protects Directory (§26.31) Page 15 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Authority uses the Florida Unified Certification Program (FL UCP) DBE Directory, maintained by the Florida Department of Transportation (FDOT). The Directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a ❑BE. In addition, the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAILS code available to describe each type of work. The Florida Department of Transportation updates the Directory at least annually, and periodically, as necessary, The Directory is available for review by contacting: Andrew Bennett, Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive, Suite 1, Maples, FL 34114, 239-642-7876. The Directory may be found at http://www.d ot. state. fl. y S/eup lopppjrtunit office! Certification Process (§ 26.61 — 26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program. The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in USDOT-assisted contracts_ To be certified as a DBE, a fine must meet all certification eligibility standards. The Florida Department of Transportation will make all certification decisions based on the facts as a whole. For further information about the certification process or to apply for certification, firms should contact, Florida Department of Transportation (FOOT) Equal Opportunity Office 605 Suwannee St. MS 65 Tallahassee, Florida 32399-0450 (850) 414-4747 Equal Opportunity Office http:lfwww.dot. state. fl.ustequalopportunityofficel County Administrative Reconsideration (§26.53(d)) Within ten (10) days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Gene 5hue, Operations Support Director, Collier County Airport Authority, 2865 S. Horseshoe Drive, Naples, FL 34104, 239-252-5169. The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the Authority's administrative reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so, The result of the reconsideration process is not administratively appealable to the US Department of Transportation. 13. DISTRACTED DRIVING I TEXTING WHEN DIRiWING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (101112009) and DOT Order 3902,10. "Text Messaging While Driving", Page 16 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. 14. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT The Federal awarding agency prohibits the County to enter into a contract to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. 15. DOMESTIC PREFERENCE FOR PROCUREMENTS AND CERTIFCATION The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322. 16. EQUAL EMPLOYMENT OPPORTUNITY (EEO) During the performance of this contract, the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. Page 17 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director' means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; Page 18 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training Page 19 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Page 20 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Page 21 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Page 22 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant program)_ 17. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same farce and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor or Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor or Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. The U.S. [department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number FL20230201 0111312023, 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. 1S. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 1 CERTIFICATION The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his ot- her knowledge and belief, that: I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U-S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 19. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Page 23 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES employer, hereinafter known as the Contractor,' must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee_ The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR part 1910)_ Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. 20. PROCUREMENT OF RECOVERED MATERIALS 41 CFR § 200.323, 40 CFR part 247, Solid Waste Disposal Act Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 44 CFR Wart 247, In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever_ 1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA -designated items is available at www.e a_ ovlsmrnlcom rehensive- procurement-.auidel ines-construction-products, Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. 21. PROHIBITION OF SEGREGATED FACILITIES (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. Page 24 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 22. RIGHTS TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14, Contractor must include this requirement in all sub - tier contracts involving experimental, developmental, or research work. 23. SEISMIC SAFETY The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NE-FIRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NFHRP equivalency level for seismic safety. 24. TAX DELINQUENCY AND FELONY CONVICTIONS (form at the Prid of this document) CERTIFICATION OF OFFERORIBIDDE=R REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkroark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications (See Separate Assurance) I ) The applicant represents that it is { ) is not ( X ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. ?) The applicant represents that it is ( ) is not ( X ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies Page 25 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 25. TERMINATION OF CONTRACT 1. TERMINATION FOR DEFAULT. 1.1 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. 1.2 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. 1.3 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. Page 26 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 1.4 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. 1.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 1.6 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. 2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 2.1 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. 2.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 3. TERMINATION FOR DEFAULT. Page 27 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3.1 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. 3.2 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. 3.3 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. 3.4 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. 3.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be e same as and limited to those afforded Contractor under Section 19 below. Page 28 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3.6 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. 4. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 4.1 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. 4.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 26. TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and 3) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. Page 29 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the County if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the County cancellation of the contract or subcontract for default at no cost to the County or the FAA. 27. VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 30 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES STATE PROVISIONS RECORDS RETENTION AND ACCESS Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. The contractor agrees to comply with 20.055(5) F.S. and incorporate in all its subcontractors the obligations to comply with 20.055(5) F.S to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. RESTRICTIONS, PROHIBITIONS, CONTROLS AND LABOR PROVISIONS a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non - responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. UNAUTHORIZED ALIENS FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. Page 31 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES E-VERIFY Contractors shall: I. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and II. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's EVerify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. INDEMNIFICATION To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. AGENCY NOT AN AGENT OF DEPARTMENT The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. CONSULTANT/CONTRACTOR The Florida Department of Transportation has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Page 32 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES DOL WAGE RATE DECISION ® APPLICABLE See following pages for this document. Page 33 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES "General Decision Number: FL20230201 01/13/2023 Superseded General Decision Number: FL20220201 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). 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). JIf the contract is entered 1. linto on or after January 30, l 12022, or the contract is I lrenewed or extended (e.g., an (option is exercised) on or lafter January 30, 2022: I 1 1 1 I I I I I- JIf the contract was awarded onl. for between January 1, 2015 andl JJanuary 29, 2022, and the I Icontract is not renewed or 1. lextended on or after January l 130, 2022: I I I I 1 I 1 I Executive Order 14026 l generally applies to the l contract. I The contractor must pay i all covered workers at l least $16.20 per hour (or l the applicable wage rate l listed on this wage I determination, if it is l higher) for all hours spent performing on the contract in 2023. I Executive Order 13658 I generally applies to the contract. I The contractor must pay alll covered workers at least 1 $12.15 per hour (or the I applicable wage rate listedl on this wage determination,) if it is higher) for all I hours spent performing on I that contract in 2023. 1 Page 34 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number 0 1 ASBE0067-003 01/01/2021 Publication Date 01/06/2023 01/13/2023 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR ........................$ 30.12 13.11 ---------------------------------------------------------------- ELEC0349-008 09/01/2021 Rates Fringes ELECTRICIAN (Includes Low Voltage Wiring) ..................$ 32.05 11.56 ---------------------------------------------------------------- * ELEV0074-001 01/01/2023 Rates Fringes ELEVATOR MECHANIC ................$ 47.51 37.335+a+b FOOTNOTE: a. Employer contributions 80 of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 60 of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years. b.Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day, Thanksgiving Day; The Friday Page 35 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES after Thanksgiving Day; and Christmas Day. ---------------------------------------------------------------- ENGI0487-021 07/01/2016 Rates Fringes OPERATOR: Crane All Cranes 160 Ton Capacity and Over ........... $ 33.05 9.20 All Cranes Over 15 Ton Capacity ....................$ 32.05 9.20 OPERATOR: Forklift ..............$ 23.25 9.20 OPERATOR: Mechanic ..............$ 32.05 9.20 OPERATOR: Oiler .................$ 23.50 9.20 ---------------------------------------------------------------- IRON0397-007 07/01/2022 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 32.60 16.97 ---------------------------------------------------------------- IRON0402-001 10/01/2021 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 25.50 14.66 ---------------------------------------------------------------- * SFFL0821-004 01/01/2023 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 31.28 21.90 ---------------------------------------------------------------- * SUFL2014-009 08/16/2016 Rates Fringes CARPENTER ........................$ 18.00 0.64 CEMENT MASON/CONCRETE FINISHER...$ 14.85 ** 0.60 IRONWORKER, REINFORCING .......... $ 26.37 12.65 LABORER: Common or General, Including Cement Mason Tending ... $ 12.25 ** 1.03 Page 36 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES LABORER: Pipelayer..............$ 14.00 ** 1.40 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 22.07 8.80 OPERATOR: Bulldozer .............$ 15.40 ** 1.90 OPERATOR: Grader/Blade .......... $ 18.97 0.00 OPERATOR: Loader ................$ 14.00 ** 1.40 OPERATOR: Roller ................$ 14.43 ** 4.78 PAINTER: Brush, Roller and Spray ............................$ 14.72 ** 2.13 PIPEFITTER .......................$ 21.36 7.93 PLUMBER ..........................$ 18.01 2.88 ROOFER ...........................$ 19.00 1.17 SHEET METAL WORKER, Includes HVAC Duct Installation ........... $ 19.10 3.27 TILE SETTER ......................$ 18.01 0.00 TRUCK DRIVER: Dump Truck ........ $ 13.22 ** 2.12 TRUCK DRIVER: Lowboy Truck ...... ---------------------------------------------------------------- $ 14.24 ** 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 Page 37 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 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 ""SUIT" 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, Page 38 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 classifications; however, 1000 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. Page 39 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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: Page 40 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" Page 41 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL CERTIFICATIONS AND ASSURANCES See following pages for documents. The following items must be submitted with the bid package. 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters 2. Disadvantaged Business Enterprise (DBE) Utilization 3. Bidders List 4. Certification of Buy American Certification for Equipment / Building Projects 5. Collier County Conflict of Interest Certification 6. Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions 7. Certification Regarding Lobbying 8. Acknowledgement of Grant Terms and Conditions Page 42 of 51 SUPPLEMENTAL FEDERAL. CONTRACT PROVISIONS AND ASSURANCES COLLI LA COUNTY Certifiention Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default- (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Erika Bodenstein Name Vice President Title DEC Contracting Group, Inc. Firm Bulk Aircraft Hangar at Marco Island Executive Airport Project Name - 23-8120 Project Number 46-493470 1 Tax ID Number ZHBNT8YBIVK7 Sam,gov Unique Entity Identifier (UEl) Number 1560 Matthew Drive, Ste. B, Ft. Myers, FL 33907 Street Address, City, State, Zip 1 Signature Page 43 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORIYY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will br verified. Elnrmilable st.Teases +40tf rrquirr the Vendar/Prime Contractor to either prueTdr a rmkvA maternent or provide source 60C!,Men`.a1.loh that Malld4IeS a It ate I. cent katt& McWd Sn [htltythM fetelves4t Wlttbrt. A. VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME 11ib NUPASIR CUh IRAt T p.:( L,Ak iwmoi. h I DEC Contracting Group, Inc. 46-4934701 Istmll'MWArtoWtx4ci:Kn6i4DEsisAMANTAGED. WtRAN? M N IS THE ACTIvMOFTHIS Ct3lIEACF, MINORITY UR WOME N BUSENI SS E NURKLSE USE Y CONSiRUCTIDN 1001/MMIMEI? OR HAVE AWMAL D&LUVANTAGE0 7 RUMNESSBACFRTIFICAT10NFROM IHESMALL WSPNt35 M.ESE7 Y .0- CONSUETAT100 Y &UMLSISTRANUH? ORASERVICE DIS KADVITFRAN? Wilt? Y N 011IE0 y .DID EL\? T N I]1NI55UBM155lONAREYI5kQN7 T h +As. AEVISIUNNuovei1I B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETE THIS NEXT SECTION UAL, MSL, WBE yU9C)NTRALIOROlt 5UPPLIER TYPE OF WORK DR ETNNICITYWO1. SUB/SUPPLIER PERCENrOf CDNTRACI s'L1,sfduxA NAME SPECIALIY Ismadl),w} (}OLLARAMOUNT DOLLARS DBE Breez Cool HVAC BA 5 5% C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR RAW OF 51.181r11TTER DATE TITLE OF SUBMIiTER Erika Boderlsteln 5/23/2023 Vice President WAIL ADDRESS Of PPJML ESUBMI"ERI IWPHONE NUMBER FAX NUMBER erika@deccontracting.com 239-332-4322 239-332-0180 N01E: This in'or".orr o used lotracM and report anlKiNtcd DBE or MBE Part41p2tron in Icdefalhl lundedconiratss. The antKipslcd DOE or MITE am"nt is voluntmy and mil not become part of the contrxhrsl leans. This form mull be submited at time dd response to a s0wtatllm. Of and wi1fienawarded a CountycowacT.111C prime will be asEed10 uP441e The irewrrmuan For th44m tteomplance files. D. SECTION TO BE COMPLETED BY COWER COUNTY DLPARIWPATNAME mw+RtuNIHaCTelir�jKEra-rs7/MIOJ GWITPktKILAM/LONTPACI 1 ACCEPTED BY: DATE 1 RTNIIfCtIX Bfadt AmeFi2n Giti![ BA I+4swh+cAmct+c,n HM1 Native AMC�.:an HA Su`.rcant..luan.►niri�.tn yLA Ailan•PacYRcAmefkan AE+A Ilan Mrtori[y Women NM151 Olthet: frdt Ora"ulhef KfaiplYsted D SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Bidders Opportunity List Prime Contractor/Consultant DEC Contracting Group, Inc. Address / Phone Number 1560 Matthew Dr., Ste. B, Ft. Myers, FL 33907 (239) 332-4322 Procurement Number 23-8120 Disadvantaged businesses and minority vendors, as defined in the Federal Code of Federal Regulations or Florida State Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # isadvanta ed LESS THAN $1 MIILION FIRM NAME Breezy Coolit Conditiong MBE(Minority) BETWEEN $1 - $5 MIILION PHONE - - WBE Women BETWEEN $5-$10 MIILION STREET ADDRESS 9482 Campi Dr NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP Lake Worth, 334267 MORE THAN $15 MIILION YEAR FIRM EST. 2009 FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE (Disadvantaged) LESS THAN $1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 - $5 MIILION PHONE WBE omen BETWEEN $5 - $10 MIILION STREET ADDRESS NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE (Disadvantaged) LESS THAN $1 MIILION FIRM NAME MBE Minorit BETWEEN $1 - $5 MIILION PHONE WBE Women BETWEEN $5 - $10 MIILION STREET ADDRESS NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE (Disadvantaged) LESS THAN $1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 - $5 MIILION PHONE WBE Women BETWEEN $5 - $10 MIILION STREET ADDRESS NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE (Disadvantaged) LESS THAN $1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 - $5 MIILION PHONE WBE Women BETWEEN $5 - $10 MIILION STREET ADDRESS NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE Disadvanta ed LESS THAN $1 MIILION FIRM NAME MBE(Minority) BETWEEN $1 - $5 MIILION PHONE WBE Women BETWEEN $5 - $10 MIILION STREET ADDRESS NON -DBE BETWEEN $10 - $15 MIILION CITY, STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. Page 45 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES OR COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Equipment/Building Projects As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by: a) Only installing steel and manufactured products produced in the United States; b) Only installing construction materials defined as: an article, material, or supply — other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States. c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product. b) To faithfully comply with providing U.S. domestic product. c) To furnish U.S. domestic product for any waiver request that the FAA rejects. d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. LYf The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101 (a) but may qualify for a Type 3 waiver under 49 USC § 50101 (b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non -responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Page 46 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Required Documentation Certification of Buy American Certification for Equipment/Building Projects Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is, a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including; c) A description of the market research activities and methods used to identify domestically manufactured items capable cf satisfying the requirement, including the tlmirg of the research and conclusions reached on the availability of sources. Type 3 Waiver —The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the "item". The requited documentation for a Type 3 waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including; b) Listing of all product components and subcomponents that are not comprised of 1 D0 percent U-S- domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.106 (products of unknown origin must be considered as non - domestic products in their entirety). c) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. d) Percentage of nor -domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is, a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bidders andlor offerors; c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project andlor component; d) Completed waiver applications for each comparable bid and/or offer. False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. May 23, 2023 Date DEC Contracting Group, Inc. Company Name Signature (lice President Title Page 47 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest 23.8120 Collier County Solicitation No. I, Erika Bodenstein �, hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter•1 I further certify to the best of my knowledge that this matter will not affect the financial interests ❑f any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which l am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest 1, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Erika Bodenstein Name Vice President Position Date priyttry Act Statement Titic I of the Ethics in Government Act of 1978 (5 U,S.C. App.), Exccutive Order 12674 acid 5 CFR Part 2634, Subpart t require the reporting of this information. The primary use of the information On this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report tuay be madc: (1) to a fcdoral, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administratir7e proceeding if the government is a party or in order to comply with a judge -issued subpoena; (i) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archivos and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budgct during legislative coordination on private relief legislation; and (6) in response to a requost for discover, or for the appearance of a tivitncss in a judicial or administrative proceeding, if tho information is relevant to the sul}iect matter. This confidential eertificati.on will not be disclosed to any requesting person unless authorimd by law_ See also the 0GElG0VT-2 executive brancli-wide Privacy Act system of records. Page 48 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLL] ER COUNTY Certification of Offeror/Bidder Regarding Tax Delinguency and Felony Convictions The Contractor must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications I ) The applicant represents that it is ( ) is not ( X ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not ( X ) is not a corporation that was Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty- four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the ❑ffense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Erika Bodenstein Vice President Name Title DEC Contracting Group, Inc. Firm Signature Page 49 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY -...I Pcdeval and State Certification .Rc ardin a Lobb i« The undersigned certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, contin cation, 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 he paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The Contractor, DEC Contracting Group, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C- § 3801 of seq., apply to this certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 11,062, Florida Statutes., apply to this certification and disclosure, if any. F- Signature of Contractor's Authorized Official Erika Bodenstein, Vice President Name of Authorized Official and Title May 23, 2023 Date Page 50 of 51 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acicno%s-ledgrement of `terms, Conditions and Grant Clauses Flow down of Terms and Conditions from the Grant Agreement Subcontracts- If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. StaL Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation doCument(s). Vendor/Contractor Name DEC Contracting Group, Inc. Date May 23, 2023 Authorized Signature _r) Al Address 1560 Matthew Drive, Ste. P, Ft. Myers, FL 33907 Solicitation/Contract # 23-8120 Page 51 of 51 5118/2020 &Vadly; ernplupr wizard • 6ampany Informallon F-Verify Welcome regina dunn Company Information Company name DEC Contracting Group, Inc. Company 1D Numbar 860864 Doing Business As (DSA) Name BUNS Number 079391270 Physical Location Address 1 1560 Matthew Drive, Suite B Address 2 City Fart Myers State FL Zip Code 33907 County LEE Mailing Address Address 1 1560 Matthew Drive, Suite 13 Address 2 City Fort Myers State FL Zip Code 11hps7lla-variry,uscis,ggv/wablEiItplayerWizar4-aspx MENU 1i3 511812020 E•Verify: Employer Wizard - Company Informalion 33907 Additional Information Employer Identification Number 464934701 Total Number of Empluyeas 9 to 4 Parent Organization Administrator Organization Designation Employer Category None of these categories apply View / Edit NAICS Code 236 -CONSTRUCTION OF BUILDINGS View 1 E=dit Total Wiring Sites View / Ed I Total Points of Contact 2 View ! Edit View Original MOU Template Vipvv m u A.W- fast Login: 01/1W2020 10:06 AM U.S. Department of Homeland Security rltlps:IlP•Vgnry.uscis.govlweb/Finployei Winfd.a5px 2)3 DIVISION OF CORPORATIONS I 1 � � f JI'ii•�IF�i � �fl ��'l ����/ 1 �■ � I f f � 1 � r I Vi nartmnnI of 8 a1 division of Co�par LQao ! ;fi n aecerds 1 5oarcl� by nli NM4 Detail by Entity Name Florida Profit Corporation DEC CONTRACTING GROUP, INC. Ing Information Document Number P14000020944 FEIIEIN Number 46-4934701 Date Filed 03103/2014 State FL Status ACTIVE principal Address 1560 MATTHEW DR UNIT B FORT MYERS, FL 33907 Changed: 0111312017 Mailing Address 1560 MATTHEW OR UNIT B FORT MYERS, FL 33907 Changed: 01 /1312017 registered gentAddress REGISTERED AGENTS INC 7901 4TH ST N STE 300 ST PETERSBURG, FL 33702 Name Changed: 01/24/2023 Address Changed: 01/240023 Officerjoircelar Detail Name & Address Title CEO Dunn, Regina 1560 Matthew Drive, Suite B Fort Myers, FL 33907 Title PS MASCH, DOUGLAS, II 5214 5W 3RD AVE CAPE CORAL, FL 33914 Title VP B odenste l n -Alvarez, Erika Lynn 1560 MATTHEW DR UNIT B FORT MYERS, FL 33907 Annual Reports Report Year Filed Date 2021 01108/2021 2022 0111112022 2023 01 /25/2023 Document Imagcm 01/25I2025 --ANNUAL REPORT View Image In PDF format GVZV2023 - R9g,699nt Chan}72 Mew Image In PDF format 01?11/2022_- ANNUAL RE=PDFtT View Image In POP Format 01/08/2021 -- ANNUAL REPORT View image in POF format 01108/2020 - ANNUAL REPORT View Imago in PDF format 01110/2019 - ANNUAL REPORT View Image in PDF format 01)1012016 -- ANNUAL REPOR View Image in PDF format 010 312017 •- ANNUALR3ER 3R1 View Image in POF format 11 RT View image in PDF format -I 01103/2015 -ANNUAL REPORT View image in PDF format 031031201.4 - Domestic Profit View Image in PDF format Florida Pepaitincnr of $Lame, Div Iwn of Curpmallons Farm W=9 Request for `taxpayer {live Farm to t)io identification Number and Certification requester. Do not fruit, October 201 It) DI 11111enl of 111a'treasury send to the IRS. 1, ":.,1 rt4�renvm SnrviC4 ► 13a to www.fr&9av1FbrmW9 for instructions and the latest information. 1 Name (ass own on your in :nm�r tnx ralurn), NirmRis raq%ked on INS line: do nlN leave this line blanli. DEC Contracting Group, Inc. 2 Business namardisrugardad entity name. II dilferient ham above m 3 Ciileck appropriate box far laderai Inx classificalfan of the person Minna name Is anrered an line t. Chni lc only one of the 4 Fxempliona (cadeg apply only to following saven boxes, certain anllllos, not Individuals; sea {y innirucliona on page 3); p (�f i1 ElIadlukluaVSole propriatar or ❑ C Colporilon 01f S Cofporrl;Ian ❑ r+ririner`�*, ❑ rnlSlraslele singla-member LLC Ex9mp1 payee code K nny)� '$ ❑ Limbed tfablllly company, Cnler the tax'oIaesl11Catlprl (C=C; carporaliom 8aS corporation, P=Partnership) ► a Note: check ilia atppropriylo Hots in M16 IinB obM for IhQ lax uIorsill Callon at ilia single -member owner. Oa not check t_xempt rin from FATCA reporting C LLC II the LLC: is cia"IIJ04 a.: a uingle-member LLC that Is disregarded from lho owner unless the owner of Ilia LLC Is LLC is federal ood8 (if an yi a U er that Fiat disregarded horn ilia oer tar U.S_ lax purposes. Otherwise, a ainglo-mombor LLC ud ondihwn ly L) is dlsrapardad fmrn the owner should check the appropriate box fur tlla lax nlansi[icalian of Its 'owner. U011rur(see lrislmAlnns)► NrK•rs Fix w_m„„n ,,,aF,w,wn nu, A,,H•lAHI rn 5 Address (nurrllwr. 3lreal, and apt. or suite no.) See instructions, Requester's namo and address (opiionat) 1560 Matthew drive Suite l3 B City, slate, and ZIP code F'Oft Myers, rL 33907 _ 7 Usi aorount numbers) hef(r laptionol) gi-= Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match ilia name given on line 1 to avold Social security number rbackup withholding. sole Fpr i tor, r dIsuats, this Is geenrallytity, your social security number (55Nr. For o ller for a— rnsident ali+sn, solo prapriatar, or disregarded subtly, See the InstnrCgons for f't3rt I, later. For oilier entitles, it is your employer Identification number (El N). If you do not have a number, see Now io gal a TIN, later, or Note: If the account is in more than ona narno, see the InstRACtions for tine 1 _ Also see What Nerve and 1 Wployar fdontieaation numhar %filber To Gfva the aTequsslar for guldellnes on whose number to enter. Under penaltles of perjury, I Certlfy ilia[: 1.'ilie number shown on this form is Iny Corrocl taxpayer irlonlificallon number (or I am waiting fora ntrmber to bus issued to Ind), and 2. 1 am not subject to backup withholding beCflusa; (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) lho IRS Iraq notified ma that I nm no longer subject to backup withholding; and S. I am a 04. 611%en or olhor U.S. person (defined below); and 4, Tim FATCA code(s) entered on this form (if any) indicaling that I am exempt from FATCA repotting is correct. Certification instructions. You must cross out Item 2 abave II you have been noliried by the IRS that you am Currently subject Ie backup withholding bacnuse you have fallod to report all iniarost anti dividends on your tax return. For real estate transactlnns, Item 2 does not apply. For mortgage Inlerest paid, aoquishlon or abandonment of secured property, cahcellalloft of d9W-, atlttlbuiinns to ml individual retirement ar(angemonl (IRA), and 9enerolly, poymanls othw than irilere!ot and drvt[lOV1 you are not required to sign Ili ertlflcaVcn, but you must provide your correct TIN. See Ilia Insiructons far Part II, later. Sign Sidnatume of .. + �. � HGrere u.9.porsan► r _- pata> k Genera! Nnstructionib ` Form I M-DIV (dividends, including those front stocks or rnuturtl funds) Section referansas are to tho Internal Revenue Coda unlass otherwise noted. + Forin 1099-MISC (varfous types of income, prizos, awards, or gross proceeds) Future developments. For the latest Intorrrlatlari about developments related to Form W9 and Its inetnictions, ouch as legislation enacted + Form 1000-B (stock or inutuat fund sales and certain other allar they were published, go to www,rrs.gov1FormW9. transactions by brokers) • Form 109$-8 (proceeds from r6all ofilrrla lrftnsaG[lons) Purpose of Form + Form 1099-If (merchant card and Ihird party network transactions) An lndlvlduei or entity (Form W-9 requester) who Is required to Ilia an • Form 109a Q)ame mortgago Interest), 1095-E (student loan Interest), InforniEitiorl relum with ihs IRS must obtain your correct taxpayer 1098-T (tuition) Identitleallun number (TIN) which may be your social security number • Farm 1090-0 (canceled debt] (SSN), Individual taxpayer Idontificallon number (ITIN), pduplion taxpayer identification number (ATIN), or employer Identification number • Form 1099-A (acquisition orsbandoament of secured property) (EIN)r to report pit an Information return the amount paid to you, or other Use Form W-9 rally if you are a U.S. person (inoluding a residont amount repoitablo on no Inforrumlon return. Examptes of Information nllon), to provido your correct TIN. returns Includa, but are not limited to, the following. It you do not return Form W-9 to the requester with a TIN, you might * Form 1099-INT (inlereal earned or paid) be subject to backup wrrhhotdfngr. See What Is backup withholding, rarer. Cat. No. 10231X Farm W-9(Rev. 10.20IQ3 Attachment H F5100 Certification Forms Marco Island Executive Airport Construct Aircraft Hangar — Construction Phase Grant Application MKY Hangar Construction — Construction Phase Grant Application ry U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ N/A FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ❑x Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ❑x Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ❑x Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). p Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Marco Island Executive Airport Address: 2005 Mainsail Drive, Naples, FL 34114 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: Cj��L declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 ry U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-132 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). ❑x Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). ❑x Yes ❑ No ❑ N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). ❑x Yes ❑ No ❑ N/A 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). ❑x Yes ❑ No ❑ N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). ❑x Yes ❑ No ❑ N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). ❑x Yes ❑ No ❑ N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). p Yes ❑ No ❑ N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). 0 Yes ❑ No ❑ N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 0 Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes ❑ No ❑x N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. ❑x Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No ❑x N/A c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes [-]No p N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 ry U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-134 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). ❑x Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). p Yes ❑ No ❑ N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). p Yes ❑ No ❑ N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). 0 Yes ❑ No ❑ N/A 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑ Yes ❑ No x❑ N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). 0 Yes ❑ No ❑ N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). p Yes ❑ No ❑ N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). p Yes ❑ No ❑ N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix ll) 0 Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.3180)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.3180)). ❑ Yes ❑ No ❑x N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official Signature of Sponsor's Authorized Official : cjc�:::L ev:)--C�a Executive Airports Manager I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 ry U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-135 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). ❑x Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). ❑x Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 9 day of March 12022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ N/A FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ❑x Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ❑x Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ❑x Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). ❑x Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Marco Island Executive Airport Address: 2005 Mainsail Drive, Naples, FL 34114 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: C,(�:�L 1 declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-132 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). ❑x Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). 0 Yes ❑ No ❑ N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). 0 Yes ❑ No ❑ N/A 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). 0 Yes ❑ No ❑ N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). 0 Yes ❑ No ❑ N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). p Yes ❑ No ❑ N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). 0 Yes [--]No ❑ N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). 0 Yes ❑ No ❑ N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 0 Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes ❑ No 0 N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 0 Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No ❑x N/A c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes [-]No ❑x N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-134 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). ❑x Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). ❑x Yes ❑ No ❑ N/A 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑ Yes ❑ No x❑ N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). ❑x Yes ❑ No ❑ N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). ❑x Yes ❑ No ❑ N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). ❑x Yes ❑ No ❑ N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) 0 Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.3180)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.3180)). ❑ Yes ❑ No ❑x N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: 3�D— I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-135 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). ❑x Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). ❑x Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 9 day of March 12022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ N/A FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ❑x Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ❑x Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ❑x Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). ❑x Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Marco Island Executive Airport Address: 2005 Mainsail Drive, Naples, FL 34114 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: C,(�:�L 1 declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-132 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). ❑x Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). 0 Yes ❑ No ❑ N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). 0 Yes ❑ No ❑ N/A 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). 0 Yes ❑ No ❑ N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). 0 Yes ❑ No ❑ N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). p Yes ❑ No ❑ N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). 0 Yes [--]No ❑ N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). 0 Yes ❑ No ❑ N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 0 Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes ❑ No 0 N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 0 Yes ❑ No ❑ N/A FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No ❑x N/A c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes [-]No ❑x N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 9 day of March 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-134 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircrfat Hangar - Design Phase Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). ❑x Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). ❑x Yes ❑ No ❑ N/A 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑ Yes ❑ No x❑ N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). ❑x Yes ❑ No ❑ N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). ❑x Yes ❑ No ❑ N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). ❑x Yes ❑ No ❑ N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) 0 Yes ❑ No ❑ N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.3180)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.3180)). ❑ Yes ❑ No ❑x N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 9 day of March , 2022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: 3�D— I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 �v U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-135 �1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: Collier County Airport Authority Airport: Marco Island Executive Airport Project Number: Description of Work: Design, Permit, Bid and Construct Aircraft Hangar - Design Phase Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). ❑x Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). ❑x Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 9 day of March 12022 Name of Sponsor: Collier County Airport Authority Name of Sponsor's Authorized Official: Andrew Bennett Title of Sponsor's Authorized Official: Executive Airports Manager Signature of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2