Agenda 08/08/2023 Item #16G1 (ITB Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport - $1,695,131.81)16.G.1
08/08/2023
EXECUTIVE SUMMARY
Recommendation to award Construction Invitation to Bid (ITB) No. 23-8128, Fuel Farm Facility Upgrades
at Marco Island Executive Airport ("MKY") and Immokalee Regional Airport ("IMM"), to American
Environmental Aviation, Inc., in the amount of $1,695,131.81, and authorize the Chairman to sign the
attached Agreement.
OBJECTIVE: To upgrade obsolete infrastructure and enhance operational safety by replacing the Jet -A and
Aviation Gasoline (100LL) fuel farm facility at IMM and expand Jet -A fuel storage capacity at MKY.
CONSIDERATIONS: The Board of County Commissioners (the "Board"), acting as the Collier County Airport
Authority, accepted a grant from the Florida Department of Transportation ("FDOT") on June 13, 2023, (Agenda
Item 14.A.1) to fund fuel farm improvements at IMM and MKY.
In accordance with FDOT requirements and the Collier County Procurement Ordinance, the Airport Authority
issued an ITB for fuel farm enhancements at MKY and replacement of the entire fuel farm facility at IMM as
described below.
On March 31, 2023, the Procurement Services Division advertised ITB No. 23-8128, Fuel Farm Facility Upgrades
at Marco Island Executive Airport and Immokalee Regional Airport. The County performed additional outreach to
promote competition and received one bid by the May 2, 2023, deadline as summarized below.
Company Name
City
County
State
Total Bid
Responsive/Responsible
American Environmental
Aviation, Inc.
Sanford
Seminole
FL
$1,695,131.81
Y/Y
Staff reviewed the bid received and determined the bid to be responsive and responsible. Staff recommends the
agreement to be awarded to American Environmental Aviation, Inc. ("AEAV") in the amount of $1,695,131.81.
Atkins North America, Inc., Engineer of Record (the "BOR"), reviewed the bid, and recommends awarding the
contract to AEAV. Although the bid is approximately 23% higher than the EOR's Opinion of Probable
Construction Cost, recent fluctuations in market conditions have brought delays in the procurement of materials,
higher materials costs, and more restrictions to labor usage that have been difficult to forecast. AEAV meets or
exceeds all minimum experience/credentials in fabricating and installing quality aviation fueling systems.
Founded in 2014, AEAV specializes in the design, fabrication, construction, and installation of aviation fueling
systems. AEAV was previously awarded a contract in Collier County in 2016.
The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of
the effective date to comply with legislative changes to Fla. Stat., §218.735, Timely payment for purchases of
construction services, Fla. Stat., § 255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077,
Project closeout and payment of retainage, and Fla. Stat., §255.078, Public construction retainage, (all legislative
changes with an effective date of July 1, 2023).
FISCAL IMPACT: The total construction is $1,695,131.81. FDOT grants were approved by the Board on June 13,
2023 Agenda Item 16G.2. Funding in the amount of $1,695,131.81 will be appropriated within Airport Grant
(4093) and Grant Match (4094) Funds, Projects 33860 and 33861.
Airport
Grant Number
Grant Amount
Local Match
Marco Island Executive Airport (MKY)
G2J86
$247,934
$61,984
Immokalee Regional Airport (IMM)
G2K13
$1,108,171
$277,043
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08/08/2023
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: To award ITB No. 23-8128, Fuel Farm Facility Upgrades at Marco Island Executive
Airport (MKY) and Immokalee Regional Airport (IMM), to American Environmental Aviation, Inc., in the amount
of $1,695,131.81, and authorize the Chairman to sign the attached agreement.
Prepared by: Andrew Bennett, Executive Airports Manager, Airport Authority
ATTACHMENT(S)
1.23-8128 - Solicitation (PDF)
2.23-8128 DELORA (PDF)
3.23-8128 - Bid Tabulation (PDF)
4.23-8128 NORA (PDF)
5. 23-8128 Insurance_AEAviation (PDF)
6. [Linked] 23-8128 VendorSigned_AEAviation (PDF)
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16.G.1
08/08/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doe ID: 25821
Item Summary: Recommendation to award Construction Invitation to Bid (ITB) No. 23-8128, Fuel Farm Facility
Upgrades at Marco Island Executive Airport ("MKY") and Immokalee Regional Airport ("IMM"), to American
Environmental Aviation, Inc., in the amount of $1,695,131.81, and authorize the Chairman to sign the attached
Agreement.
Meeting Date: 08/08/2023
Prepared by:
Title: — Transportation Management Operations Support
Name: Heather Meyer
06/09/2023 5:33 PM
Submitted by:
Title: Division Director - Operations Support — Growth Management Community Development Department
Name: Gene Shue
06/09/2023 5:33 PM
Approved By:
Review:
Airport Authority Andrew Bennett
Procurement Services Sandra Herrera
Transportation Management Services Department
Transportation Management Operations Support
Public Transit & Neighborhood Enhancement
Additional Reviewer
Level 1 Purchasing Gatekeeper
Jeanne Marcella
Department
Nicole Diaz
Darren Hutton
Procurement Services
Sue Zimmerman
Additional Reviewer
Transportation Management Operations Support
Tara Castillo
Grants
Erica Robinson
Level 2 Grants Review
Transportation Management Services Department
Trinity Scott
Procurement Services
Sandra Herrera
Procurement Director Review
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Community & Human Services
Maggie Lopez
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Completed 06/12/2023 8:18 AM
Completed 06/12/2023 9:50 AM
Transportation Management Services
Completed 06/12/2023 11:14 AM
Additional Reviewer Completed
06/13/2023 9:41 AM
Additional Reviewer Completed
06/13/2023 11:30 AM
Completed 06/13/2023 12:00 PM
Additional Reviewer Completed
06/13/2023 12:00 PM
Completed 06/13/2023 3:49 PM
Transportation Completed
06/13/2023 4:16 PM
Completed 06/15/2023 1:54 PM
Completed 06/22/2023 9:31 AM
Completed 06/22/2023 9:39 AM
Completed 06/23/2023 9:09 AM
Completed 06/29/2023 1:47 PM
Completed 06/30/2023 11:31 AM
Completed 07/12/2023 12:38 PM
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08/08/2023
Board of County Commissioners Geoffrey Willig Meeting Pending 08/08/2023 9:00 AM
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16.G.1.a
Co ier County
Procurement Services Division
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSTRUCTION INVITATION TO BID
FOR
FUEL FARM FACILITY UPGRADES AT MARCO ISLAND
EXECUTIVE AIRPORT (MKY) AND IMMOKALEE REGIONAL
AIRPORT (IMM)
SOLICITATION NO.: 23-8128
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KRISTOFER LOPEZ, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
Kristofer.Lopez@colliercountyfl.gov (Email)
This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/22/2017). Any
alterations to this document made by the Vendor may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier County
Government.
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16.G.1.a
Cots County
Procurement Services Division
INVITATION TO BID - COUNTY BID NO. 23-8128
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
Sealed bids for the construction of Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
will be received electronically until 3:00 P.M. LOCAL TIME, on the 2nd day of May, 2023 on the County's on-line bidding
system: httns://www.bidsync.com/bidsvnc-cas/. All bids will be publicly opened and read aloud. Any bids received after the
time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is:
$1,640,000.
A non -mandatory pre -bid conference shall be held at the Procurement Services Division, Conference Room A, at 10:00 a.m.
LOCAL TIME on the 171h day of April, 2023, at which time all prospective Bidders may have questions answered regarding the
Bidding Documents for this Project.
Bids shall be received on line by the Bid Date of May 2, 2023 @ 3:00 PM EST. No bid shall be considered unless it is made on
unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents
may be examined on the Collier County Procurement Services Division Online Bidding System website:
https://www.bidsync.com/bidsync-cas/. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding
Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or
current.
Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the
total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required
bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges
and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General cj
Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Q
Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its
place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do N
business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each ,°r°
bond a certified and effective dated copy of their Power of Attorney.
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In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses,
certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work
contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and o
ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Cn
Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 00
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The Successful Bidder shall be required to finally complete all Work within two hundred and forty (240) calendar days from and °P
after the Commencement Date specified in the Notice to Proceed. The final completion days includes substantial completion days N
of two hundred and ten (210) calendar days, with an additional thirty (30) calendar days to final completion. Should Contractor
fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as
liquidated damages, but not as a penalty, one thousand one hundred and sixty-nine dollars ($1,169) for each calendar day z
thereafter until Substantial Completion is achieved. Unless otherwise specified, work will be limited to the hours of 7:00 a.m. to M
7:00 p.m., Monday through Frida. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and Q
purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend
beyond one hundred eighty (180) days from the bid opening date without the consent of the Successful Bidder.
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
BY: /s/ Sandra Herrera
Director, Procurement Services Division
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16.G.1.a
FORM 1- BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
BID NO. 23-8128
Full Name of
Main Business Address
Place of
Telephone No. Fax No.
State Contractor's License #
State of Florida Certificate of Authority Document Number
Federal Tax Identification
DUNS # CCR#
Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named
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herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully M
examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Q
Bonds, and the Contract Drawings and Specifications.
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Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Ln
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility N
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
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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
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payment the sums set forth in the following Bid Schedule:
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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
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16.G.1.a
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds in a timely manner.
Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within two hundred and ten (210)
consecutive calendar days, computed by excluding the commencement date and including the last day of such period,
and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days
after Substantial Completion, computed by excluding commencement date and including the last day of such period.
Acceptance and acknowledged by an Authorize Agent
Signature:
Title:
Date:
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FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
Name
Bid No. 23-8128
Personnel Cateizory
Construction Superintendent
Project Manager
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FORM 3 - MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company:
Signature:
Section B (Exception requested to Bid specifications manufacturers and materials)
2.
Date:
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
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FORM 4 - LIST OF MAJOR SUBCONTRACTORS
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work
Subcontractor and Address
1. Electrical
2. Mechanical
3. Plumbing
4. Site Work
5. Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Company:
Signature:
Date:
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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.
1.
(project name) (project owner)
(project location) (Owner's address)
(project description) (Owner's contact person) (title)
(project start/completion dates) (contract value) (phone) (email)
2.
(project name) (project owner)
(project location) (Owner's address)
(project description) (Owner's contact person) (title)
$
(project start/completion dates) (contract value) (phone) (email)
3.
(project name) (project owner)
(project location) (Owner's address)
(project description) (Owner's contact person) (title)
$
(project start/completion dates) (contract value) (phone) (email)
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FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
4.
(project name)
(project owner)
(project location)
(Owner's address)
(project description)
(Owner's contact person) (title)
(project completion date)
(contract value)
(phone) (email)
5.
(project name)
(project owner)
(project location)
(Owner's address)
(project description)
(Owner's contact person) (title)
(project completion date)
(contract value)
(phone) (email)
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FORM 6 - TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure(Quantity) Cost
(Description) LF SY
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TOTAL
Company:
Signature:
Date:
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FORM 7 - BID BOND
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONISBLE
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
, (herein called the Surety), a corporation chartered and
existing under the laws of the State of with its principal offices in the city of
and authorized to do business in the State of are held and firmly bound unto the
(hereinafter called the Owner), in the full and just sum
of dollars ($ ) good and lawful money of
the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the
Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials,
equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No.
23-8128 Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport.
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement
and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the
failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above
as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and
void, otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this
day of 120
I*-rd
Countersigned
Appointed Producing Agent for
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(Seal)
Surety
(Seal)
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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,
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where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants
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and Subcontractors and shall require each of them to include similar waivers in their contracts.
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Collier County shall be responsible for purchasing and maintaining its own liability insurance.
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Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf
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of Collier County", or, the specific solicitation number and title.
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The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
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County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
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severability of interests provisions.
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The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
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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
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work performed on behalf of Collier County.
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The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
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the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-
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insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on
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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
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Vendor's sole responsibility.
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Coverages shall be maintained without interruption from the date of commencement of the Work until the date of
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completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
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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
coverages 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 coverages purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverages 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.
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16.G.1.a
Collier County Florida
Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at hLtps:Hgpps.fldfs.com/bocexempt/
2. ® Employer's Liability
$_1,000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the
$_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
current ISO form
Injury Liability and Property Damage Liability. The General Aggregate Limit Shall
be endorsed to apply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor shall
defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone
employed or utilized by the ContractorNendor in the performance of this Agreement.
5. ® Automobile Liability
$_1,000,000 Each Occurrence; Bodily Injury & Property Damage
Owned/Non-owned/Hired; Automobile Included
6. ® Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
® Pollution
® Professional Liability
® Umbrella/Excess Coverage
❑ Valuable Papers Insurance
❑ Cyber Liability
$ 1,000,000 Per Occurrence
$ _1,000,000_ Per claim & in the aggregate
$3,000,000 Per Occurrence
$ Per Occurrence
❑ Technology Errors & Omissions $
Per Occurrence
Per Occurrence
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16.G.1.a
7. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety
shall be rated as "A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5% of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New
York, New York 10038.
® 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
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insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be
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endorsed accordingly.
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11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
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County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates
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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.
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12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
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Tamiami Trail East, Naples, FL 34112
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13. ® Thirty (30) Days Cancellation Notice required.
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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 — 3/14/2023
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.
Packet Pg. 865
16.G.1.a
Cor County
Procurement Services Division
FORM 9 - CONFLICT OF INTEREST AFFIDAVIT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below:
Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County
project identified above (e.g., writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement) which appears to skew the competition in
favor of my firm.
Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals / past performance of itself or a competitor, which calls into
question the contractor's ability to render impartial advice to the government.
Unequal access to information — The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the past or currently being worked on for the above -
mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-
public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity
(financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully
disclosed and does not pose an organizational conflict.
Company Name
Signature
Print Name and Title
State of
County of
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization,
this day of (month), (year), by (name
of person acknowledging).
Personally Known OR Produced Identification
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Type of Identification Produced
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16.G.1.a
AN
CO 11'eY County
Procurement Services Division
FORM 10 — VENDOR DECLARATION STATEMENT
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby
declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods
and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20_ in
the County of , in the State of
Firm's Legal m
Name: H
2
Address: M
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City, State, Zip
Code: N
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Florida N
Certificate of
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Authority c
Document
Number v
Federal Tax
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Identification
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I
Number
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*CCR # or
T-
op
CAGE Code
CO)
*Only if Grant
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Funded
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Telephone:
Email:
Signature by:
(Typed and
written)
Title:
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16.G.1.a
Additional Contact Information
Send payments to:
(required if different Company name used as payee
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servicing Collier
County to place orders
(required if different
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for
this Solicitation:
Email:
Phone:
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Clew County
Procurement Services Division
FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence
consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's
bid or within five (5) day of the County's Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S
PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida
Statutes W8.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposalibid.
Company Name a
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Signature N
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Print Name and Title
State of
County of
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization,
this day of (month), (year), by (name
of person acknowledging).
Personally Known OR Produced Identification
Type of Identification Produced
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Packet Pg. 869
16.G.1.a
FORM 12 - BIDDERS CHECKLIST
IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the
Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE
TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVE/NON-
RESPONSIBLE.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Bid Schedule has been completed and attached.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following on-line standard documents have been reviewed and accepted in BidSync:
a.
Construction bid instructions form
b.
Construction services agreement
c.
Purchase order terms and conditions
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8. All of the following bid forms have been completed and signed:
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a.
Bid Form (Form 1)
b.
Contractors Key Personnel (Form 2)
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c.
Material Manufacturers (Form 3)
d.
List of Major Subcontractors (Form 4)
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e.
Statement of Experience (Form 5)
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f.
Trench Safety Act (Form 6)
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g.
Bid Bond Form (Form 7)
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h.
Insurance and Bonding Requirements (Form 8)
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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
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submittal.
1.
Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and
should be included with your submittal.
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9. Copies
of required information have been attached
V
a.
Business tax Receipt (Collier County Businesses Only)
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b.
Company's E-Verify profile page or memorandum of understanding
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c.
Certificate of Authority to Conduct Business in State of Florida (sunbiz.org)
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d.
Any required professional licenses — valid and current (myfloridalicense.com)
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(ie: General Contractors license, Underground Utility and Excavation, Builders,
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Trade Contractors, etc., as applicable, requested and/or required.)
e.
Vendor W-9 Form
CO0„
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 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.
Packet Pg. 870
16.G.1.a
***FOR REVIEW ONLY -NOT REQUIRED UNTIL AWARD IS MADE -PLEASE SEE CONSTRUCTION AGREEMENT***
EXHIBIT B-1: PUBLIC PAYMENT BOND
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
Bond No.
Contract No. 23-8128
KNOW ALL MEN BY THESE PRESENTS: That
bound to
we bind ourselves, our heirs, executors,
severally.
as Principal, and
as Surety, located at
(Business Address) are held and firmly
as Obligee in the sum of
($ ) for the payment whereof
personal representatives, successors and assigns, jointly and
WHEREAS, Principal has entered into a contract dated as of the day of 20 ,
with Obligee for in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the
Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless N
of the number of suits that may be filed by claimants. N
IN WITNESS WHEREOF, the above parties have executed this instrument this day of c
20 , the name of each party being affixed and these presents duly signed by its M
under -signed representative, pursuant to authority of its governing body. :2
Packet Pg. 871
16.G.1.a
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
BY:
NAME:
ITS:
PRINCIPAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_, by
as of
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is personally known to me OR has produced
My Commission Expires:
I►N: ►l
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
corporation, on behalf of the corporation. He/she
as identification and did (did not) take an oath.
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY: N
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(Printed Name)
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(Business Address O0
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(Authorized Signature)
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(Printed Name)
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Packet Pg. 872
16.G.1.a
Witnesses
STATE OF
COUNTY OF
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of 920 ,
by , as of
Surety, on behalf of Surety. He/She is personally known to
me OR has produced as identification and who did (did
not) take an oath.
My Commission Expires:
Name:
(Signature)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Packet Pg. 873
16.G.1.a
***FOR REVIEW ONLY -NOT REQUIRED UNTIL AWARD IS MADE -PLEASE SEE CONSTRUCTION AGREEMENT***
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalee Regional Airport
Bond No.
Contract No. 23-8128
KNOW ALL MEN BY THESE PRESENTS:
as Principal,
as
That
and
Surety, located at
(Business
Address) are held and firmly bound to , as
Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the changes
do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations
or additions to the terms of the Contract or other work to be performed hereunder, or the specifications
referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice
of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or
to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
120 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
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Packet Pg. 874
16.G.1.a
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL
NAME:
ITS:
The foregoing instrument was acknowledged before me this day of 120 , by
as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
Packet Pg. 875
16.G.1.a
ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this day of 520 , by
, as of , a
Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of:
Commission No.:
Packet Pg. 876
16.G.1.b
ATKINS
Member of the SK-Lavalin Group
Atkins North America
DBPR Certificate of Authorization No. 24
Procurement Strategist
Collier County Procurement Services
3295 Tamiami Trail East
Naples, FL 34112-5361
May 5, 2023
RE: Design Entity Letter of Recommended Award
23-8128 Fuel Farm Facility Upgrades at Immokalee Regional Airport (IMM) and
Marco Island Executive Airport (MKY)
Dear Mr. Lopez,
Bids were received for the above -referenced project by Collier County on Tuesday, May 2nd,
2023. Atkins (EOR) 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 Fuel Farm Facility Upgrades at Immokalee Regional Airport (IMM) and Marco
Island Executive Airport (MKY) project includes the following scope of work:
Designing, fabricating, delivering, installing, connecting, and testing two (2) 12,000-gallon
3
tanks: one AvGas (100LL) and one (1) Jet -A, including removal and disposal of the two
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(2) existing 10,000-gallon AvGas and Jet -A tanks at IMM;
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Designing, fabricating, delivering, installing, connecting, and testing one (1) 12,000-gallon
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jet -a companion tank, connected to the fuel farms existing main tank infrastructure via
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above -ground piping at MKY.
Collier County Procurement's review of the bid tabulations determined that the only bidder and
low bidder is American Environmental Aviation, Inc. with a bid of $1,695,131.81. Atkins was
provided with the bid Schedule. American Environmental Aviation, Inc. bid is approximately 23%
higher than the Engineer's Opinion of Probable Construction Cost (OPC) of $1,380,500.00. This
reflects a change in market conditions which have brought delays in the procurement of materials,
higher materials costs, and more restrictions to labor usage that have been difficult to forecast.
References were provided, and the completed Vendor Reference Check Logs for each reference
are attached hereto. The project references provided by American Environmental Aviation, Inc.
were all contacted, Atkins determined the references contain sufficient relevant experience with
similar projects to demonstrate the required successful experience to complete the project.
American Environmental Aviation, Inc. is a corporation formed in 2014 in the State of Delaware
and has been authorized to transact business in the State of Florida since 2014. American
Environmental Aviation, Inc. is registered with the Florida Department of Business and
Professional Regulation as a Pollutant Storage Contractor, which registrations are current and
active.
1514 Broadway, Suite 202, Fort Myers, Florida 33901
Tel: 239.271.3425
Packet Pg. 877
16.G.1.b
ATKINS
Based on the experience, the 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, Atkins recommends American Environmental Aviation, Inc. be awarded
the Fuel Farm Facility Upgrades at Immokalee Regional Airport (IMM) and Marco Island Executive
Airport (MKY) project in the amount of $1,695,131.81.
Should there be any questions, please do not hesitate to contact us at your convenience.
Sincerely,
Kevin McCauley, PE
Atkins Project Manager
1514 Broadway, Suite 202, Fort Myers, Florida 33901
Tel: 239.271.3425
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TO
Co ier County
Administrative Services Department
Procurement Services Division
VENDOR REFERENCE CHECK LOG
Solicitation No.:
23-8128
Reference Check by:
Bily Gomez, PE
Fuel Farm Facility Upgrades at
Immokalee Regional Airport (IMM)
and Marco Island Executive Airport
Solicitation Title:
(MKY)
Date:
May 4, 2023
American Environmental Aviation,
Bidder's Name:
Inc.
Phone:
813-262-8540
Design Entity:
Atkins North America, Inc.
REFERENCED PROJECT:
Project Name:
Atlantic Stockton CA
Project
Location:
Stockton, CA
Project Description:
Build New 100K Aviation Fuel Facility
Completion Date:
February 2022
Contract Value:
$2,700,000.00
Project Owner/Title:
Atlantic Aviation
Owner's Address:
4672 Lindbergh St. Stockton, CA
Phone:
209-982-1622
Owner's Contact Person:
JoeLeBel / Jordan
Giannone
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.
4. Did the process run smoothly? Were there any changes? Describe below.
Yes. No changes.
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 issues with warranty. There were a few thing that had to be adjusted, but they did it in a timely manner.
7. Additional comments:
They were great to work with.
16.G.1.b
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Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20
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TO
Co ier County
Administrative Services Department
Procurement Services Division
VENDOR REFERENCE CHECK LOG
Solicitation No.: 1 23-8128
Fuel Farm Facility Upgrades at
Immokalee Regional Airport (IMM)
and Marco Island Executive Airport
Solicitation Title: (MKY)
American Environmental Aviation,
Bidder's Name: Inc.
Design Entity: Atkins North America, Inc.
REFERENCED PROJECT:
Reference Check by:
Bily Gomez, PE
Date:
May 4, 2023
Phone:
813-262-8540
Project Name:
Signature Flight Burke Lakefront
Airport
Project
Location:
Cleveland, OH
Project Description:
Build New Aviation Fuel Facility
Completion Date:
February 2021
Contract Value:
$2,700,000.00
Project Owner/Title:
Signature Flight Support KBLK
Owner's Address:
1571 N. Marginal Rd. Cleveland,
OH, 44114
Phone:
941-359-5200
Owner's Contact Person:
Paul Yagel
E-Mail:
1. Was project completed timely and within budget? (If not, provide detail)
Completed within budget, but not within schedule as the project was completed during the pandemic and
there were supply chain issues and delays with the availability of parts.
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. No changes.
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 issues with warranty. There were a few adjustments completed in a right away.
7. Additional comments:
They were great to work with.
16.G.1.b
Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20
Packet Pg. 880
TO
Co ier County
Administrative Services Department
Procurement Services Division
VENDOR REFERENCE CHECK LOG
Solicitation No.: 1 23-8128
Fuel Farm Facility Upgrades at
Immokalee Regional Airport (IMM)
and Marco Island Executive Airport
Solicitation Title: (MKY)
American Environmental Aviation,
Bidder's Name: Inc.
Design Entity: Atkins North America, Inc.
REFERENCED PROJECT:
Reference Check by:
Bily Gomez, PE
Date:
May 4, 2023
Phone:
813-262-8540
Project Name:
Honeywell CLT
Project
Location:
Charlotte Douglas Int. Airport,
Charlotte, NC
Project Description:
Aviation Fuel Facility Renovations
Completion Date:
March 2022
Contract Value:
$2,300,000.00
Project Owner/Title:
Honeywell
Owner's Address:
4672 1't Flight Dr, Charlotte, NC
28208
Phone:
704-641-6430
Owner's Contact Person:
Allan Johnstone
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. The process was normal. Great Contractor to work with.
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. No changes.
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?
There were no issues with warranty. There was a part that had to be replaced, but they redid the work once
The part was available and took care of it.
7. Additional comments:
Great Contractor to work with. They are responsive, and they were always happy to help. Even after one year
From completion, they still answer questions when called.
16.G.1.b
Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20
Packet Pg. 881
TO
Co ier County
Administrative Services Department
Procurement Services Division
VENDOR REFERENCE CHECK LOG
Solicitation No.: 1 23-8128
Fuel Farm Facility Upgrades at
Immokalee Regional Airport (IMM)
and Marco Island Executive Airport
Solicitation Title: (MKY)
American Environmental Aviation,
Bidder's Name: Inc.
Design Entity: Atkins North America, Inc.
REFERENCED PROJECT:
Reference Check by:
Bily Gomez, PE
Date:
May 4, 2023
Phone:
813-262-8540
Project Name:
Sarasota/Bradenton International
Airport Fuel Facility Expansion
Project
Location:
Sarasota, FL
Project Description:
Install 3 100,000 gallon fuel tanks and piping
Completion Date:
November 2021
Contract Value:
$2,100,000.00
Project Owner/Title:
Sarasota Manatee Airport Authority
Owner's Address:
6000 Airport Circle, Sarasota, FL
34243
Phone:
941-359-5200
Owner's Contact Person:
Frederick Piccolo
/Kent Heigle
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.
4. Did the process run smoothly? Were there any changes? Describe below.
Yes. No changes.
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 issues with warranty. There were a few adjustments completed in a timely manner.
7. Additional comments:
American Environmental Aviation Inc. was a subcontractor under Stellar Development inc.
16.G.1.b
Tab 2 - Appendix H2 — Template - DELORA Vendor Reference Check Log - rev 02-14-20
Packet Pg. 882
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DocuSign Envelope ID: 55A67476-7566-4AE4-A976-2CFECEF6140E
16.G.1.d
Cotr Count
y
Procurement Services Division
Notice of Recommended Award
Solicitation: 23-8128 Title: Fuel Farm Facility Upgrades at Marco Island Executive Airport (MKY) and
Immokalee Regional Airport (IMM)
Due Date and Time: May 2, 2023, at 3:00 PM EST
Respondents:
Company Name
City
County
State
Total Bid
Responsive/Responsible
American Environmental
Aviation, Inc.
Sanford
Seminole
FL
$1,695,131.81
Y/Y
Utilized Local Vendor Preference: Yes 0 No = N/A
On March 31, 2023, the Procurement Services Division issued Construction ITB Solicitation No. 23-8128, Fuel
Farm Facility Upgrades at Marco Island Executive Airport (MKY) and Immokalee Regional Airport (IMM), to eight
thousand seven hundred and forty-eight (8,748) vendors. Fifty-four (54) vendors viewed the bid package, staff
performed additional vendor outreach, and the County received one (1) bid by the May 2, 2023, submission
deadline, as summarized above.
Staff reviewed the bid received, and it was deemed responsive and responsible with minor irregularities.
Staff recommends the contract be awarded to American Environmental Aviation, Inc., the lowest responsive and
responsible bidder, and to award the base bid plus the alternate bid for a total bid amount of $1,695,131.81.
Contract Driven = Purchase Order Driven 0
DocuSigned by:
Project Manager:
by:
Procurement Strategist:
P �1,jg Mgt Services Director:
3YCCC 79B554F5_
San ra errera
Required Signatures
Date
N
00
uO
N
Packet Pg. 884
o CERTIFICATE OF LIABILITY INSURANCE
16.G.1.e
DATE (I
05/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Brian Ludwig
NAME:
Stahl &Associates Insurance Inc.
(863) 688-4344
pnH1CONE. Ext : (863) 688-5495 ac, No):
91 Lake Morton Drive
E-MAIL certificateslakeland@stahlinsurance.com
ADDRESS:
P O Box 3608
INSURER(S) AFFORDING COVERAGE
NAIC #
Lakeland FL 33802
INSURERA: Mid -Continent Casualty Co
23418
INSURED
INSURER B : Auto Owners Insurance Co
18988
INSURER C : Technology Insurance Co
42376
American Environmental Aviation, Inc
INSURER D : Colony Insurance Company
3993
3977 Aviation Loop
INSURER E :
Sanford FL 32773
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2023 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE O CUR
PREM SES Ea oNcE ante
$ 300,000
X
MED EXP (Any one person)
$ 0
Professional Liability
X
Pollution Liability
PERSONAL&ADVINJURY
$ 1,000,000
A
Y
04GL1098200
05/16/2023
05/16/2024
GEN-LAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
PRO
X JECT LOCP
PRODUCTS -CO /OPAGG
$POLICY 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY MB
CO INED SINGLE LIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$
ANYAUTO
B
OWNED SCHEDULED
AUTOS ONLY AUTOS
Y
5231354202
05/16/2023
05/16/2024
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
Per accident
$
HIRED X NON-0 ED
AUTOS ONLY AUTOS ONLY
PIP
$ 10,000
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 7,000,000
X
AGGREGATE
$ 7,000,000
A/D
EXCESS LAB
CLAIMS -MADE
04XS228945 / EX04282163
05/16/2023
05/16/2024
DED I I RETENTIO
$
O
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N/A
TWC4267433
06/01/2023
06/01/2024
X STATUTE EORH
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
Each Item
$150,000
A
Leased &Rented Equipment
04CIM34104
05/16/2023
05/16/2024
Each Location
$300,000
Deductible
$1,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners, OR, Board of County Commissioners in
Collier County, OR Collier County Government, OR Collier County are included as an Additional Insured under the Commercail General Liability and Auto
Liability policies on a primary and non-contributory basis where required by written contract.
CERTIFICATE HOLDER CANCELLATION
Collier County Board of County Commissioners
3295 Tamiami Trail East
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Packet Pg. 885
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with American Environmental Aviation, Inc. ("Contractor") of 3977 Aviation
Loop, Sanford, FL 32773, a Foreign Profit Corporation, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with "Fuel Farm Facility Upgrades at Marco
Island Executive Airport (MKY) and Immokalee Regional Airport (IMM), Invitation to Bid No.
23-8128 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins
North America, Inc., the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: One Million Six Hundred Ninety -Five Thousand One Hundred Thirty -One
Dollars and Eighty -One Cents ($1,695,131.81).
Section 4. Bonds.
A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten
by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the Treasury
Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via
the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less
1
Construction Services Agreement: [2022_ver.3] C ,y O
than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section S. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within two hundred and ten (210) calendar days from the Commencement Date
(herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions
thereof) is the date certified by the Design Professional when construction is sufficiently complete,
in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Department Administrator or Division Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One
Thousand One Hundred and Sixty -Nine Dollars ($1,169.00) for each calendar day thereafter
until Substantial Completion is achieved. Further, in the event Substantial Completion is reached,
but the Contractor fails to reach Final Completion within the required time period, Owner shall
also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner
as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed
to be substantially completed on the date the Project Manager (or at his/her direction, the Design
Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree represents
a fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a Saturday
2 CAO
Construction Services Agreement: [2022wer.3]
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation, and the last day shall become the next succeeding day
which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working
days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or any other
agreement between Owner and Contractor, as payment on such liquidated damages due under
this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary,
Owner retains its right to liquidated damages due under this Agreement even if Contractor, at
Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part, through another contractor or its own forces, the
Contractor and its surety shall continue to be liable for the liquidated damages under the
Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a result
of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in
writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's
recovery of any delay related damages under this Agreement through the liquidated damages
does not preclude Owner from recovering from Contractor any other non -delay related damages
that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto
and made a part of this Agreement for Solicitation #23.8128 "Fuel Farm Facility Upgrades at
Marco Island Executive Airport (MKY) and Immokalee Regional Airport (IMM).
Exhibit A-1:
Contractor's Bid Schedule
Exhibit A-2:
Contractor's Bid Submittal Forms and Addendums
Exhibit A-3:
Contractor's List of Key Personnel
Exhibit B-1:
Payment Bond Forms ❑ Not Applicable
Exhibit B-2:
Performance Bond Forms ❑ Not Applicable
Exhibit B-3:
Insurance Requirements
Exhibit C:
Release and Affidavit Form
Exhibit D:
Contractor Application for Payment Form
3
construction Services Agreement: [2022_ver.31
CAQ
Exhibit E: Change Order Form
Exhibit F: Certificate of Substantial Completion Form
Exhibit G: Final Payment Checklist
Exhibit H: General Terms and Conditions
Exhibit I: Supplemental Terms and Conditions ® Applicable ❑ Not Applicable
The following documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicitation #23-8128 "Fuel Farm Facility Upgrades at Marco Island
Executive Airport (MKY) and Immokalee Regional Airport (IMM). The complete contract
documents, including Addendum with attachments, are available on the County's on-line bidding
system: https://www.bidsync.com/bidsync-cast, which the parties agree comprise the final
integrated agreement executed by the parties.
Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
®Exhibit J: Technical Specifications
❑Exhibit K: Permits
❑Exhibit L: Standard Details
®Exhibit M: Plans and Specifications prepared by: Atkins North America, Inc.
®Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the
following:
Collier County Board of County Commissioners, FL
c/o Airport Authority
2005 Mainsail Drive
Naples, Florida 34114
Attn: Andrew Bennett, Executive Manager
Phone: (239) 252-8425
Email: Andrew. BennettCa7,colliercountyfl.gov_
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
American Environmental Aviation, Inc.
3977 Aviation Loop
Sanford, FL 32773
Attn: Danny Hirschberger, President
Phone: (631) 586-2000 Ext. 999
Email: Accounting@american-environmental.net
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
4
Construction Services Agreement: 12022_ver.3] CAO
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been
informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows:
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Section 9. Modification,
No modification or change to the Agreement shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of the State
of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full and entire
agreement between the parties affecting the Work contemplated, and no other agreement or
understanding of any nature concerning the same has been entered into or will be recognized,
and that all negotiations, acts, work performed, or payments made prior to the execution hereof
shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
5
Construction Services Agreement: [2022 ver.3] CAO
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders
and Work Directive Changes to the Agreement to the extent provided for under the Owner's
procurement ordinance and policies and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed against
the party who physically prepared this Agreement. The rule sometimes referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its
face to have been inserted for the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents
including the Owner's Board approved Executive Summary cannot be resolved by application of
the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and
Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under
the Contract Documents upon the Contractor at Owner's discretion.
Remainder of page intentionally left blank
6
Construction Services Agreement t2022_ver.31 CAQ
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
T IWITNESSES:
V
FIRST WITNESS
Adriana Gullotta
Print Name
SECOND WITNESS
Cara u l lotta
Print Name
Date.- 5/25/23
ATTEST.*
Crystal K, Kinzel, Clerk of Courts
& Comptroller
BY:
Approved as to Form and Legality. -
County Attorney
Print Name
CONTRACTOR:
American Environmental Aviation, 11tic.
Danny Hirsch nt ger, Presid nt 5/25/23
r Frit Name an Title - Date,
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA.
W
- - ---- - - - ------------
RICK LOCASTRO, Chairman
t.
7
Constaldlon Services Agreement: f2022 ver..3)
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
FOLLOWING THIS PAGE
Construction Services Agreement: [2022_ver.3]
CAO
z3-8I28 BID SCHEDULE
FUEL FARM FACIOTY UPGRADES AT IMMOKALE E REGIONAL AIRPORT (IMM) AND MARCO ISLAND EXECUTIVE AIRPORT (MKY)
American Environmental Aviation, Inc.
BID SCHEDULE
:=Ra`'lfe�ni^ .' •esI•!... .. :Deser€ Ifon_.' —,unit' Quantity Unit+Arica:Extended Total
Immokalee Regional AilpDFL Designing, fabricating, delivwing, installing,
connecting, and testing two (2) 12,000-gallon tanks: one (1) AvGas (100LL) and
one (1) Jel-A, including removal and disposal of the two (2) exislirlg 10,000-gallon
AvGas and Jet -A tanks installed in 1996. Both tanks shall be aboveground,
double wall steel with integral fuel transfer equipment, meter, hose, and reel
system. Each tank system shall be able to function as a self-service unit 10
aircraft as well as have bottom loading capabilities Into Aircraft refueler trucks
utilizing correct nozzles for each function. Each lank system shall have separate
hoses for Bach function utilizing the same tillers and pumps for both (Y or T pipe).
1 Jet -A into plane hose may utilize a quick disconnect to switch between overwing LS I $r ,209,428.07 $1,209,428.07
and underwing nozzles. Correctly sized hoses for lusting operations shall be used
to achieve maximum flow rates while still maintaining funellonalily for ease of use
by customers and/or lineman. 75 tool length of hose shall be used for into
planelself-serve functions. Access stairs (with platform) shall be provided for bath
tanks. The tank assemblies will likely require modification and/or replacement or
the existing concrete foundations. The fuel farm shall include the removal and
replacement of the existing sump recovery tanks. The new tanks must be
configured to function with the existing QT POD M4000 self-service processing
terminal utilized for both Avgas and Jet -A transactions.
Marco island Executive Airport: Designing, fabricating, delivering, installing,
connecting, and testing one 12.000 gallon above -ground doublo-wall steel tank
LS 1 $297,364.53 $297.384.53
2 wilh self-contained, Integral fuel transfer equipment, as described herein. The
tank shall also include a separate sump•separalor unit, as specified. Safely stairs
(with platform) are required for access to Ilia rear hatch of the lank.
TOTAL. BASE BID $1,508,792.60
AD61TIVE'AUTEANATEs 131D SCHEDULE
Immokalee Regional Alrpark - Construct concrete parking area for one {11 1,000
gallon mobile Avgas refueler and one (1) 3,000 gallon Jet -A mobile refueler LS t $175,785.71 $175,785.71
1 adjacent and south of the fuel tarn — approximately 1,800 sglft and will require
relocating the existing emergency fuel shut off system.
Marco Island Executive Airport -One (1) 300 gallon double -wall fuel sump waste I LS 1 $12,553.50 $12,553,50
2 tank & one 1 150 aellon double -wall waste oil tank.
TOTAL ADDITIVE ALTERNATE BID $iBB,339.21
---- TOTAL BASE + ADDITIVE ALTERNATE BID
COMPLETED BID FORMS:
Bid Schedule
Bid Response Form Form 1
Contractors KeyPersonnel Form 2
Material Manufaclurers (Form 3)
List of Mar Subconlraclors Form 4
0,444
Statement al Ex orients at Bidder (Farm 5
Tronch SafelyAct Acknowled emenl Form 6
Bid Bond Farm 7
Insurance and BondingRequirements Form 8
Conflict at Interest Affidavit Farm 9}
Vendor Declaration Statement Form 10
Immi radon Alfidavit Certification Form 11
Bidders Checklist Form 12
Addendums
Local Business Tax Receipt
E- erif
Sung€z
CAO
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE
9
Construction Services Agreement: [2022_ver.31
CAO
Corr County
Procurement Services Division
Date: April 3, 2023
Email: @colliercountyfl.gov
Telephone: (239) 252-xxxx
Addendum #1
From: Kristofer Lopez, Procurement Strategist
To: Interested Bidders
Subject: Addendum #1 Solicitation #23-8128 Fuel Farm Facility Upgrades at Marco Island
Executive Airport and Immokalee Regional Airport
The following clarifications are issued as an addendum:
1. Attached are shop drawings and photographs for the Marco Island Executive Airport and
Immokalee Regional Airport for reference.
If you require additional information, please post a question on our Bid Sync (www.bidsvnc.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 solicitat4on.
(S
American Environmental Aviation, Inc.
(Name of Firm)
4-11-23
Date
CAA
s
Co 7e-r COt4ll.ty
Procurement Services Division
Date: April 18, 2023
Email: Kristofer.lopez (a�colliercountyfi.gov
Telephone: (239) 252-8375
Addendum #2
From: Kristofer Lopez, Procurement Strategist
To, Interested Bidders
Subject: Addendum #2 Solicitation 423-8128 Fuel Farm Facility Upgrades at Marco Island
Executive Airport and Immokalee Regional Airport
The following clarifications are issued as an addendum:
1. Change: Specification 018900 Section 1.6
As reads: WiIii:,. 14 days Firefiee to Proceed CONTRACTOR shall s.,bmiF F.,,..,ppr-eyal the
including
Now reads: Within 30 days of Notice to Proceed, CONTRACTOR shall submit for approval the
following submittals for all of the major components of the fueling systems,
including:
2. Pre -bid sign in sheet is attached to Addendum #2
If you require additional information, please post a question on our Bid Syne (www.bids rync.coni) bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal far the above
referenced solicitation.
(Si
American Environmental Aviation, Inc.
(Name of Firm)
Date
Collier County
Solicitation 23-8128
FORM 1 - BID RESPONSE FORM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Inunokilee Regional Airport
Full Name of Bidder
131D NO. 23-8128
American Environmental Aviation, Inc.
Main Business Address 3977 Aviation Loop -Sanford, FL 32773
Place of Business Sanford FL
Telephone No. 407-585-4242
State Contractor's License #
No. 407-585-4245
PCC 12568311PCC 1256940
State of Florida Certificate of Authority Document I
Federal Tax Identification Number 47-1908807
DUNS # 074211086 CCR#
F14000004257
Cage Code
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully
examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall he 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 (l 0) 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 tlne 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
313112023 3:100ft ruction Solicitation Doc rev 04152022
P. 5
CAO
Collier County
Solicitation 23-8128
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds in a timely manner.
Upon receipt ofthe signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five (S) calendar days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The
undersigned further agrees to substantially complete all work covered by this Bid within two hundred and ten (210)
consecutive calendar days, computed by excluding the coimencement date and including the last day of such period,
and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days
after Substantial Completion, computed by excluding commencement date and including the last day of such period.
Acceptance and acknowledged by au Authorize Agent
Signature:
Title: e 6 � G
Date:-0111
3131/2023 3:10UMtruction Solicitation Doc rev 04152022
p, S
CAO
Collier County
Solicitation 23-8128
FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immokalce Regional Airport
Name
Steve Wright
Neal Edgington
Construction Solicitation Doc rev 04152022
3/31/2023 312 PM
Bic! No. 23-8128
Personnel Category
Construction Superintendent
Project Manager
p. 7
CAO
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DBPR On -Line Services
If you need to mail additional Information to DBPR please include this coversheet.
License Type: Certified Pollutant Storage Contractor
Application Type: Print License Certificate
File Number: 1023
Application Number: 8364
License Number: PCC1256831
Application date: 04/19/2023 (mrnlddlyyyy)
Mail To:
Department of Business and Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
If you have any questions please call our Customer Contact Center at B50-487-1395.
CA4
4/19/23, 6:42 AM
Page 1 of 1
State of Florida
Department of Business and Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
Application Summary
Thank you for submitting your print request online.
Profession
License Type:
Certified Pollutant Storage Contractor
Application Number:
8364
Application Type:
Print License Certificate
Application Date:
04/19/2023 (mm/dd/yyyy)
License Number:
PCC1256831
File Number:
1023
Addresses
Main Address:
789 SULLIVAN STREET
DELTONA, FL
32725
US
Routing Instruction:
License Related Addresses
License Location:
3977 AVIATION LOOP
SANFORD, FL
32773
us
Routing Instruction:
By submission of this application you attested to the following:
Each application for a license or renewal of a license issued by the Department of Business and
Professional Regulation shall be signed under oath or affirmation by the applicant, or owner or chief
executive of the applicant without the need for witnesses unless otherwise required by law.
I certify that I am empowered to execute this application as required by section 559.79, Florida
Statutes. I understand that my signature on this application has the same legal effect as if made
under oath. All information contained on this application Is true and correct,
I understand that falsification of any information on this application may result in administrative
action, including a fine, suspension or revocation of the license.
CAO
Collier County
Solicltalion 23-6128
FORM 3 - MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID MAV BE DEEMED NON -RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products
produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when
equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute
acceptance of material proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in
the Bid specifications.
Company: American Environmental Aviation, Inc.
Signature Date;O
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
1. NONE
2.
3.
4.
5.
Please insert additional pages as necessary.
Company: b U
Signature:
Construction Solicitation Doc rev 04152022
3/31/2023 3:12 PM
EXCEPTION MANUFACTURER
Date _Ia f a'3
P. 8
CAO
Collier County
Solicitation 23-8128
FORM 4 LIST OF MAJOR SUBCONTRACTORS
THIS FORM MIDST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in
the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed
herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non -compliant or non -qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with
this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work
Subcontractor and Address
1, Electrical
Coastal Electric ofNaples 2820 24th Av, NE Naples FL 34120
2. Mechanical
3. Plumbing
4. Site Work
5. Identify other subcontractors
that represent more than 10%
of price or that affect the
critical path of the schedule
Company: American Environmental Aviation, Inc qq,,
Signature: Date:? aJQ3
Construction Solicitation Doc rev 04152022
3/31/2023 3:12 PM
P. 9
CAO
Collier County
Solicitation 23-8128
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 ajudge 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.
2.
Sarasota/Bradenton Int. Airport Fuel Facility Expansion Sarasota Manatee Airport Authority
(project name) (project owner)
Sarasota FL 6000 Airport Circle Sarasota FL 34243
(project location)
Install 3 100,000 gallon fuel tanks and piping
(project description)
6/20-11/21 $2,100,000
(project start/completion dates) (contract value)
Signature Flight Burke Lakefi-ont Airport
(project name)
Cleveland OH
(project location)
Build new Aviation Fuel Facility
(project description)
5/20-2/21 $ $2,700,000
(project start/completion dates) (contract value)
I Honeywell CLT
(project name)
Charlotte Douglas Int, Airport, Charlotte NC
(project location)
Aviation Fuel Facility Renovations
(project description)
1/21-3/22 $ $2,300,000
(project start/completion dates) (contract value)
Construction Solicitation Doc rev 04152022
3/31/2023 3:12 PM
(Owner's address)
Frederick Piccolo Manager
(Owner's contact person) (title)
941-359-5200
(phone) (email)
Signature Flight Support KBLK
(project owner)
1571 N. Marginal Rd. Cleveland, OH 44114
(Owner's address)
Paul Yagel General Manager
(Owner's contact person) (title)
216-i361-1347
(phone) (email)
Honeywell
(project owner)
4672 1 st Flight Dr. Charlotte NC 28208
(Owner's address)
Allan Johnstone Flight Operations MGR
(Owner's contact person) (title)
704-641-6430
(phone) (email)
P. 10
CAS'
Collier County
Solicitation 23-8128
FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER
4, Atlantic Stockton CA
Atlantic Aviation
(project name)
(project owner)
Stockton CA
6364 Lindbergh St. Stockton CA 95206
(project location)
(Owner's address)
Build new Aviation Fuel Facility
Joe LeBel GM
(project description)
(Owner's contact person) (title)
8121-2/22 $ $2,700,000
209-982-1622
(project completion date) (contract value)
(phone) (entail)
5. Bozeman Yellowstone Int. Airport
Bridger Aerospace
(project name)
(project owner)
Belgrade NIT
90 Aviation Lane Belgrade, MT 59714
(project location)
(Owner's address)
Build new LOOK Aviation Fuel Facility
Steve Zinda Vice President
(project description)
(Owner's contact person) (title)
10121-5122 $ $7,100,000
406-388-2092
(project completion date) (contract value)
(phone) (email)
Compan • American Environmental Aviation, Inc.
Signature:
'161 /1Date:
a 3
q
Construction Solicitation Doc rev 04152022
3/31/2023 3:12 PM
P. 11
CAO
Collier County
Sohdiation 23-81128
FORM 0 - TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON -RESPONSIVE.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure uantit Cost
(Description) LF SY
1.
2.
3.
4,
5.
No Trenching or excavations more than T involved in this project
TOTAL
Company: American Environmental Aviation, Inc.
Signature•
Construction Solicitation Doc rev 04152022
3/31/2023 3:12 PM
0
Date: 9 1a)
p. 12
GAO
Collier County
Sohdlatiors 23-8128
-- FORM 7 :BID BOND
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE/NON-
RESPONISBLE
KNOW ALL MEN BY THESE PRESENTS, that we American Environmental Aviation, Inc
(herein after called the Principal) and
The Ohio Casualty Insurance Company (herein called the Surety), a corporation chartered and
existing under tine laws of the State of NH with its principal offices in the city of Mahwah, NJ
and authorized to do business in the State of FL are held and firmly bound unto the
Board of County Commissioners of Collier County (hereinafter called the Owner), in the full and just sum
of Five percent of amount bid dollars ($ 5% of amount bid) good and lawful money of
the United States of America, to be paid upon demand of the Owner, to which payment well and tidy to be made, the
Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents,
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials,
equipment and incidentals necessary to furnish, install, and filly complete the Work on the Project known as Bid No.
23-8128 Fuel Farm Facility Upgrades at Marco Island Executive Airport and Immolcalee Regional Airport.
NOW, THEREFORE, if [tie Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the
required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with
the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithfid performance of the Agreement
and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the
failure of file PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner file required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of S5% of amount bidnoted above
as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be mill and
void, otherwise to remain in full force and effect,
IN TESTli40NY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this
18 day of April _ , 20 23 .
American Environmental Aviation, Inc
BY
Count
Appointed Producing Agent for The Ohio Casualty Insurance Company
5/3112023 3:12 PM
Principal
;Sea])
3ure[y
,Seal)
P. 13
CAv
Individual Acknowledgment
State of
County of
On this —day of— T 2020 , before me personally came
__to me known, and known to me
to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she
executed the same.
My commission expires
Notary Public
----------------------------------------------------------------------------------------------------------------------------------------
Corporation Acknowledgment
State of
County of
On the day of f before me personally came 1�7a-nn _ °rsC-t�Lyr
to me known; who bein by me duly sworn, did depose and say that he/ he/they reside(��s)
that�e/she/they is (are) the + �dQ �of the
corporation described in and which executed the above instrument; that helshe/they know(s) the seal of
said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s)
thereto by like authority.
My Commission expires a'1
Notary Public
Rl:FarA'KA-a4jt-r -----------------------------
Surety Acknowledgment NOTARY PUBLIC -STATE OF NEW YOAK
No.6091132
State of New York _ Qualified in Suffoik Caunty
My Commission Expires04-21.202/
County of Nassau
On the 18 day of April 2023 before me personally came Tara Laverdiere
who, being by me duly sworn, did depose and say that he/she/they is an attorney in fact of
The Ohio Casualty Insurance Compaanythe corporation described in and which executed the within instrument;
that he/she/they know(s) the corporate seal of said corporation; that the seal affixed to the within
instrument is such corporate seal, and that he/she/they 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 resolution thereof. `
My commission expires v-
Notary Public
DENEse IHONO50N
mOTAaY PUDLic•sTATE OF NEW YOFIK
No. D1TH462Sa17
Qualiripdin Nseaau C09D1V
PA, commi551pntxpiras02-26.2027
CAO
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.
Libel Liberty Mutual insurance Company
Mutual. The Ohio Casualty Insurance Company Certificalallo; 8207071 - 959521
SURI=TY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohre Casually insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that
Liberty Mutuminsuranct Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West Amadran Insurance Company is a corporation duly organized
rwriar Iha.rawc nI tha Slabt of rnarvi hvAWhnrtry horein set forth, does hereby name, Gonstiluto and appoint,
Denese Thompson, ,_Ia
ay of the oily of Umundalc stale of NY each indtvldualh' it there be more than one named. its true and lawful attocneyin-feel to make.
execute, seal, acknowledge and deliver, for and on its behalf as surely and as Its act and deed, any and all undertakings, bonds, iecogrdzance s and other surety oblgaWns, in pursuance
01 these presents and shall be as binding upon the Companies as if they have been duty sgned by the president and attested by the secretary of the Compardes in thek own proper per6ons.
IN WITH ESS WHEREOF, this PowerofAttomayhas been subscnbedbyanauthoHizedofficerorolkialotihoCompanlesandthe corporoteseds ofthe Companieshavebeen affixedlhwato this
Slh day of January 2022
Liberty Mutual Insurance Company
v SHsp� SV Iuse'. d 117SUR The Ohio Casualty Insurance Company
A�Pr°'PO�.4dr+ y,Pc°}1O �q.Ty :+Pc°Vo'?'I WesIAmei InsurenceCompany
,r 'oM C
1912 0 0 _ 191$ n st 1991
Yf,.:-
Davd M. Carey, Assistant Secretary
Slate of PENNSYLVANIA as
County of MONTGOMERY
On Nis _ 51h _day of January 2022 before me personally, appeared David M,Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that ho,as such ,belilg authcrited so 10 do, execute the foregoing Instrument fa the purposes
Merefrl contained by signing on behalf of Use corporations by himself as a duty authorized officer,
IN WITNESS WHEREOF, I bave hereunto subscribed my name and affixed my notarial sea tat Kng of Prussia, Pennsylvama,on the day and year first above written,
jf �}-�r -_-.,,:�\ {tin„anwrlalhd Pelv,ilt+ane snowy seal
�'c - t -, Te�erd P7ltWr. lkx/ry Pubs
:`-'!" ' °.Z "- r.WnlexwyCw.SHy % • - - _ . , rtJ
;, • - '° fly corrmtsm �K ularcrr 2a ,2425 g �.v1,Ga�c'
y; t Commis ranber 112, y'
!�y`-S�L.r y J uertble Pemlfl, lAr unor ilUl+,!! Teresa Paste:Fa. Notary Public
This Power of Attorney Is made and executed pursuant to and by authority of the Vowing By-laws and Authontabons of The Ohlo Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company wWoh rosOutions are now in full face and effect reading as fobws:
ARTICLE IV —OFFICERS: SKfion 12. Power of Attorney.
Any officer or other offcaal of the Ccrporation authorized (of that purpose in writing by the Chairman or the Presidonl, and sub ed to such Iknilation as the Chairman or the
President may prescribe, shall appoint such ahemeys•iildacl, as may be necessary to ad in behalf of the Corporation to make, execute, sea I acknowledge and deliver as surety
any and all undertakings, bonds, lecognizancos and other surety obligations. Such atlomeysdn•focl, subject to the fimRations sel forth in their respective powers of attorney shall
have fug power to bind the Corporation by then signature and execution of any such ioslrumanis and to attach thereto the seal of the Corporation. When so executed, such
InsWrents shall be as bindng as if signed by the Presidonl and attested to by the Secretary Any power or authority granted to any representative or atfomey-'ndact under the
pravisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers Wanhilg such power or authority.
ARTICLE All —Execution of Contracts: Season 5. Surely Bonds and Undertakings.
Any off.�cer of the Company ourh0raed for that purpose in writing by the chaimlan or fine presidenl, and subf'ecl 10 such limitations as the chairman or the president may prescribe.
shaRappo(nt such aliornoys-in-fact, as may be necessary to act in behall of the Company 10 make,execde, leak acknowledge and deliver as surely any and all undertakings,
d) rn bands, recogruiarxes and other surety ob Igations. Such oltomeysan•fact subject to the rimitakris set forth fn lherc respectve powers of atiomey, shot (have full power to bind the
U or Company by their signature and exemlion or any such Instruments and to shack thereto the seal of the Company, When so executed such instruments shall be as binding as if
o @ signed by the prosidont and attested by The secretary.
N > 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
eD a atlomeys-ill-fact as may be necassaryto ad on behalf of the Company to make,execula, seal, acknowledge and deliver as surety any and allundertakings, bonds, reoognizaners and
cF:q other suietycbkgations.
Authorization — By unanimous cement of the Companyl; Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
— Company,whwever appearing upon a certified copy of any power of ahorney issued by the Company in connection with surety bonds. shall be valid and binding upon the Company with
[he same force and effect as though manually alfrxed.
c m 1, Renee C. Llewellyn, the undorsNned, Assistant Secretary, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company. and West American Insurance Company do
(D - hereby certify that the origularpower of attorney of which the foregoing is a ful t true and corned copy of the Power of Attorney executed by said Companies,Is n lug force and effect and
w (U has not been revoked
- ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sears of sold Companies this 18th day of Apn-2M.
0,6
t'o�r4+of
v_ 1912 a 1919 �, 1991 0
> Q1 �� �+rCNUD Ja O NAYTi`� D �'S 4°IAMr' rib
o t oir t ti<a 3H1 rt }� 3,ti + f,N R¢nea C. Llewellyn, Assl'slant Secretary
zU
LMS 429 n LM O bG W WAIL M ulli Co 021
C AU
THE OHIO CASUALTY INSURANCE COMPANY
'0� Liberty
ut . Financial Statement— December 31, 2022
SURETY
Assets Liabilities
Cash and Bank Deposits .................................... $381,391,653 Unearned Premiums,,,......................................... $1,621,337,313
*Bonds — U.S Government ................................. 624,259,23D Reserve for Claims and Claims Expense................. 4,472,582,937
*Other Bonds ..................................................... 4,696,075,391
*Stocks............................................................... 123,765,396
RealEstate........................................................ 0
Agents' Balances or Uncollected Premiums .......
936,691,175
Accrued Interest and Rents ...............................
40,821,253
Other Admitted Assets ......................................
2,318,373,499
Total Admitted Assets .................................
9.321.377.59T
Funds Held Under Reinsurance Treaties ................ 0
Reserve for Dividends to Policyholders ................. 220,687
Additional Statutory Reserve ............................... 0
Reserve for Commissions, Taxes and
Other Liabilities .............................................. 510,304,288
Total.......................................................... $6,604,445,225
Special Surplus Funds ................. $31,311,376
Capital Stock .............................. 4,500,000
Paid in Surplus ........................... 738,183,897
Unassigned Surplus .................... 1,742,937,099
Surplus to Policyholders ...................................... 2,516,932,372
Total Liabilities and Surplus .................................
OSV 1HSU
e`Jg��o'�re�hr
o * Bonds are stated at amortized or investment value; Stocks at Association Market Values.
o1919 The foregoing financial information is taken from The Ohio Casualty Insurance Company's
�J HAM r.� financial statement filed with the state of Ohio Department of Insurance.
I, 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, 2022, to the best of my knowledge and belief.
W WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of
March 2023.
Assistant Secretary
CAO
Collier County
Solicitation 23-8128
FORM 8 - INSURANCE AND BONDING REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage front responsible companies duty
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 cacti 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 behalrof 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 coverage( required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverageLss) and charge the Vendor for such
coverage(s) 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 coverageu purchased or the insurance company or companies used. The decision of
the County to purchase such insurance coverageW 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,
3/31/2023 3:12 PM
p. 14
CAO
Solicitation 23-8128
Collier County
Collier County Florida
Insurance and Bonding Requirements
Insurance/Bond Type
Required Limits
1. ® Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at httus:/la://apps.fldfs.coni/hooexeiil /
2. ® Employer's Liability
$_I,000,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the
$_11000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
current ISO form
Injury Liability and Property Damage Liability. The General Aggregate Limit Shall
be endorsed to apply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the ContractorNendor shall
defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone
employed or utilized by the Contractor/Vendor in the performance of this Agreement.
5. ® Automobile Liability
$ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired, Automobile Included
6. ® Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and 1-larborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work,
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
® Professional Liability S _1,000,000_ Per claim & in the aggregate
® Umbrella/Excess Coverage $3,000,000 Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Cyber Liability $ Per Occurrence
❑ Technology Errors & Omissions S Per Occurrence
3/31/2023 3:12 PM
p. 15
CAO
Collier County
Solicitation 23-8128
7. ® Bid bond Shall be submitted with proposal response in the form of certified finds, cashiers'
check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or
proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8, ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner; provided, however, the surety
shall be rated as "A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5% of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New
York, New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect to any other
insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be
endorsed accordingly,
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates
of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For
any and all work performed on behalf of Collier County.
12. ® On all certificates, the Certifeate Holder niust 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 -- 3/1412023
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.
3/31/2023 3:12 PM
P. 16
CAO
®
AcoRo CERTIFICATE OF LIABILITY INSURANCE
��-
DATE J.MIDDIYYYY)
Dan z1zOz3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. I(the certificate holder is an ADDITIONAL INSURED, the pollcy(tes) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such ondorsernenf(s).
PRODUCER
Stahl & Associates Insurance Inc.
91 Lake Morton Drive
CONTACT Debbie MacGiillvray
NAME;
ac,Hd EId : (863} 658-5495� No (863) 688-4344
EMAIL certirtcaleslaketand@slahtinsurance.wm
AODRESS:
INSURER(S) AFFORDING COVERAGE
NAICN
P O Box 3608
INSURERA: Mid-CoalinentCasualty Co
23418
Lakeland FL 33BO2
INSURED
INSURER B : Auto Owners Insurance Cc
18988
American Environmental Aviation, Inc
INSURER C : Homeland Insurance Company of New York
34452
3977 Aviation Loop
INSURER D : Technology Insurance Company
42376
INSURER E :
INSURFRF:
Sanford FL 32773
MVFRer1=S cFRTIFIrATF IJIIM13FR- 2022 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPEOFINSURANCE
INSD
yWVD
FOLICYNUMBER
POLICY EFF
MMIDD
POLICY E%P
MM1DDIYYYY
LlM17S
X
COMMERCIAL GENERAL UABILITY
EACH OCCURRENCE
$ 1,000.000
CLAIMS -MADE ❑X OCCUR
DAMAGE TO RENTED
PRLMrSES Ea cewrrence
$ 30D,000
x
fAEDEXP(Any weperson)
s EXCLUDED
Professional Liability
A
X
Pollution Liability
Y
04GL1079742
05n612022
06116/2023
PERSONAL & AOV INJURY
5 1,000,000
HGEI'LAWREGATE UMITAPPLIES PER:
POLICY a jEOT Lac
GENERALAGGREGATE
5 2.000,000
PRODUCTS-COMPADPAGO
$ 2,000,040
5
OTHER: $500Per Claim Deductible
AUTOMOBILE LIABILITY
COMBINEDSINGLE LIld1T
Ea aeo dent
s 1,000.000
BODILY INJURY (Per person)
$
X ANyAUTD
BODILY INJURY (Per acridenl)
s
B
O.EP SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OSANED
X AUTOS ONLY X AUTOS ONLY
6231364202
05116/2022
05/1612023
PROPERTYOAMAGE
Per accident
$
PIP Basic
s 100.000
UTABRELLA LIMB
X1
OCCUR
EACH OCCURRENCE
$ 7,OOD,000
AGGREGATE
$ 7.000.000
A/C
X
EXCESS LIAU
CLAIMS -MADE
04XS224337f7930103890002
0511612D22
05/1612023
OM I I RETENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIARILITY
ANY PROPRIETORIPARTNERlEXECUTIVE YIN
OFFICER/MEMBER EXCLUDED? a
(hlandatory In NHl
NIA
T1M11C4123598 ilem3A:NY FL KS
061D112022
061'0112D23
v OTH-
X STA UTE ER
E-L. EACH ACCIDENT
$ 1,ODO,OOD
EL. DISEASE- EA EMPLOYEE
1.000,000
$
EL. DISEASE- POLICY LIMIT
5 1,000.000
H yes, describe under
DESCRIPTION OF OPERATIONS below
Each Item
$150,000
A
Rented & Leased Equipment
04CIM26693
05116/2022
0511612023
Each Location
5340,000
Deductible
$1.000
OESCRIPNON OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may bo attached If more space Is requrredl
RE: So%itation 23.8128. Neal Edging(Dn License# LGC20180000650. Collier County is included as an Additional insured vrith respects to referenced
General Liability policy, as their interest may appear.
NUL
Collier County Board of County Commissioners
3295 Tamiami Trail East
Naples
FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
IJ 1988-2016 AGUKD 1:U1{rUKAI It1N. Au rignis reserves,
ACORD 25 (2016103f The ACORD name and logo are registered marks of ACORD
CAO
Collier County 5ollcliallan 23-8128
Colnev Coup y
Procurement Services Division
FORA4 9 — CONFLICT of INTEREST AFFIDAV IT
The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County
project affiliated with this solicitation does not pose an organizational conflict as described by one of the three
categories below-
Binsed ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County
project identified above (e.g., writing a procurement's statement of work, specifications, or performing
systems engineering and technical direction for the procurement) which appears to skew the competition in
favor of my firm.
Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County
project identified above to evaluate proposals / past performance of itself or a competitor, which calls into
question the contractor's ability to render impartial advice to the government.
Unequal access to information —The firm has not had access to nonpublic information as part of its
performance of a Collier County project identified above which may have provided the contractor (or an
affiliate) with an unfair competitive advantage in current or future solicitations and contracts.
In addition to this signed affidavit, the contractor / vendor must provide the following:
1. All documents produced as a result of the work completed in the pastor currently being worked on for the above -
mentioned project; and,
2. indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-
public (not in the "sunshine") conversation (s), nteeting(s), document(s) andlor other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s).
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planted 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.
American Environmental Aviation, Inc.
Company Name
Signature
er- Rp..'AdA
Print Nm4e add Title
State of
County of�
The foregoing instrum nt wa acknowledged before me by means of 2'physical r sence or D online notarization,
thisj_ day of�(month), (year), by rr n/tf i�I`�f_I b�'r'���'' {name
of person acknowledgin ), L �i
(Signature of Notary rblic - State or Florida)
Personally Known OR Produced Identification
3/31/2023 3:12 PM
GUI.LOTTA
(Print, Type, or Stamp Conmmi �i��$ifl�iYr�� i Rt(
No. t3081132
Type of identification Produced tlualified in Sulfolk Q4u21Y202,�
a. Comn+ission E%P
p. 17
CNO
Collier County Solicitation 23-8128
_'ram
Colhiel- County
Procurement Services Division
FORM 10—VENDOR DECLARATION STATEMEm
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
Dear Commissioners:
The undersigned, as Vendor declares that this response is made without connection or arrangement with any other
person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby
declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this
solicitation have been fully examined and accepted.
The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above referenced Solicitation. further, the vendor agrees that if awarded a contract for these goods
and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -
vendor for any future associated with work that is a result of this awarded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 21 day of April , 2023 in
the County of Suffolk , in the State of New York
Firm's Legal
Name:
Address:
City, State, Zip
Code:
Florida
Certificate of
Authority
Document
Number
Federal Tax
Identification
Number
*CCR # or
CAGE Code
`Only if Grant
Funded
Telephone:
Email:
Signature by:
(Typed and
written)
Title:
3131/2023 3.12 PM
American Environmental Aviation Inc.
188 Long Island Avenue
Wyandanch, NY 11798
F14000004257
47-1 908807
631-586-2000 x999
amerlcan-environmental. net
Danny Hirscht}erger, Presiders
P. 18
CAO
Collier County
Solicitation 23-8128
Additional Contact Information
Send payments to: American Environmental Aviation Inc.
(required if different
Company name used as payee
from above)
Contact mute:
Danny Hirschbberger
Title:
President
Address:
188 Long Island Avenue
City, state, zip
Wyandanch, NY 11798
Telephone:
631--586-2000 x999
Email: Dhirschberger@american-environmental. net
Office servicing Collier
County to place orders
(required if different
from above)
Contact name: Neal Edgington
Title: VP Sales &Technical Support
Address: 3977 Aviation LOOP
City, Slate, zip Sanford, FL 32773
Telephone: 386-405-8809
Email: Nedgington@american-environmental. net
Secondary Contact for Accounting Department
this Solicitation:
Ernail: Accounting@american-environmental.net
Phone: 631-586-2000 x999
3/31/2023 3:12 PM P. 19
CAA
Collier County Solicitation 23-8128
CQl er C014-114ty
Procurement Services Division
FORM 11- IMMIGRATION AFFIDAVIT CERTIFICATION
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence
consists of copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's
bid or within five (5) day of the County's Notice of Recommend Award.
FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S
PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE.
Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically tothe 1986 Immigration
Act and subsequent Amendment(s)) that it is aware of and in compliance with the requirements set forth in Florida
Statutes W8.095, and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposalfbid.
American Environmental Aviation, Inc.
Company Name
j Signature Print i an Title
State of ( ')
County of T}
The foregoing instrm ent was cknowledged before me by means of CI�'pliysical resence or ❑ online notarization,
this f _ day of � -- (mouth), o20a15(year), by _—Di? 0 n�j (- `f 5c_ k 6? ell-er (name
of person acknowledging).
(Signature of Notary Public - State of Florida)
Personally Known OR Produced Identification
Type of Identification Produced
3131/2023 3:12 PM
(Print, Type, or Stamp Commissioned Name of Notary Public)
ADR14NA GULLOTTA
NOTARY PURL-IC-STAje OF NEW YORK
No.6091132
Qualified in 5utfolk County
My Commission Expires 04.21-202
p. 20
CAO
Collier Calmly
Solicitation 23-8128
FORM 12 - BIDDERS CHECKLIST
IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the
Bidding Documents. Please read carefully, sign in the spaces indicated and return with your Bid. FAILURE
TO PROVIDED THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-RESPONSIVEINON-
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 on-line standard documents have been reviewed and accepted in BidSync:
a, Construction bid instructions form
b. Construction services agreement
c. -Purchase order terns 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.
9. Copies of required information have been attached
a. Business tax Receipt (Collier County Businesses Only)
b, Company's E-Verify profile page or memorandum of understanding
c. Certificate of Authority to Conduct Business in State of Florida (sunbiz.org)
d, Any required professional licenses - -valid and current (myfloridalicense.com)
(ie: General Contractors license, Underground Utility and Excavation, Builders,
Trade Contractors, etc., as applicable, requested and/or required.)
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 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.
3131I2023 3:12 PM p• 21
CAO
2023 FOREIGN PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# F14000004257 Jan 17, 2023
Entity Name: AMERICAN ENVIRONMENTAL AVIATION, INC. Secretary of State
6510983754CC
Current Principal Place of Business:
3977 AVIATION LOOP
SANFORD, FL 32773
Current Mailing Address:
188 LONG ISLAND AVENUE
WYANDANCH, NY 11798
FEI Number: 47-1908807 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
COGENCY GLOBAL INC.
115 NORTH CALHOUN ST.
SUITE 4
TALLAHASSEE, FL 32301 US
The above named entity submits this statement for the wpose of changing its registered office or registered agent, or both, In the Stale of Florida.
SIGNATURE: �7
- nay
officer/Director Detail
Title PRESIDENT
Name HIRSCHBERGER,DANNY
Address 188 LONG ISLAND AVENUE
City -State -Zip: WYANDANCH NY 11798
l hereby certify That the lnformawn indicated on this report or supplemental report is true and accurato and that my 0001nnic srgnalure shah have the same legal effect as if made under
oath, that f am an officoror directorol the corporation or the receiver artruslee empowered in execute this repod as reQuired by ChOpter 607, Ffodda Stalules; and Ihal my name appears
above, or on an attachment 10h elf other like empowered.
SIGNATURE: DANNY HIRSCHBERGE PRESIDENT 01117/2023
Electronic Signature of Signing
Dale
P
CAO
State of Florida
Department of State
I certify from the records of this office that AMERICAN ENVIRONMENTAL
AVIATION, INC. is a Delaware corporation authorized to transact business in
the State of Florida, qualified on October 7, 2014.
The document number of this corporation is F14000004257.
I further certify that said corporation has paid all fees due this office through
December 31, 2014, and its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of lire State of Florida
at Tallahassee, the Capital, this
the Tenth day of October, 2014
V^144MA6-
ju
Secretary of State
Authentication ID: CU7307184686
To authenticate this cerlificate,visit the following site,enter this
ID, and then follow the instructions displayed.
htips:t/eGie.sunbiz. orglcertau (liver.html
��.-M
Request for Taxpayer
Give Form to the
Form �/�p
Identification Number and Certification
requester. Do not
(Ray. October
Department of the Treasury
send to the IRS.
Internal
Revenue Service
> Coo to www.frs.gov1FormW9 for instructions and the latest information.
I. Name (as shown on your income lax return). Name Is required on this line; do not leave this line blank,
American Environmental Aviation Inc,
2 Business nameldisregarded entity name, If different from above
3 Check appropriate box far federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
following seven boxes.
certain entities, not individuals; see
Q.
instructions on page 3):
p
ElIndiAdual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ElTrust/estata
Lasingle-member
LLC
Exempt payee code (if any)
a o
Q
❑ Limited liability company. Enter the lax classification (C=C corporation, S=S corporation, P=Partnership) )I`p
g
Note: Check the appropriate box in the line above for the tax classlBcatlon of the single -member owner. Do not check
Exemption from FATCA reporting
LLC if the LLC Is classified as a single -member LLC that Is disregarded from the owner unless the owner of file LLC is
coda (if any)
..1
another LLC that is not disregarded from the owner for U.S. federal tax purposes. otherwise, a single -member LLC that
o
is disregarded from the owner should check the appropriate box for the tax classifcatlon of fts owner.
o
❑ Other (see instructions))-
tamer.=r----rsmsnnma0.&40iheusi
N5
Requester's name
and address (optional)
Address (number, street, and apt, yr suite no.) See instructions.
188 Long Island Avenue
B City, state, and ZIP code
Wyandanch, NY 11798
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security number f �1
backup withholding. For individuals, this Is generally your social security number (SHowever, for a - m -
resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other
entities, it is your employer Identification number (EIN). If you do not have a number, see Now to get a
TIN, later. or
Note. If the account is in more than one name, see the instructions for line 1. Also sue What Name and I Employer Identification number
Number To Give the Requester for guidelines on whose number to enter.
4 7 - 1 9 TO 8FBI0 n7
Under penalties of perjury, I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4, The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certificalbri, but you must provide your correct TIN. See the instructions for Part 11, later.
Sign i Signature of /1�� � � � Date► 4/1 8/23
Here i U.S. personl '�Y
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest Information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.frs.gov1FormW9.
Purpose of Form
An Individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer Identification number (ITIN), adoption
taxpayer Identification number (ATM), or employer Identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or pald)
• Form 1099-HIV (dividends, including those from stocks or mutual
funds)
9 Form 1099-MISO (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-13 (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-5 (proceeds from real estate transactions)
v Form 1099-K (merchant card and third party network transactions)
Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (Including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to rho requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Farm W-9 (Rev. 10-201e)
CA4
E-Verifv-
off-
Company ID Number: 1118482
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the
American Environmental Aviation Inc (Employer). The purpose of this agreement is to set forth terms
and conditions which the Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS. in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee's E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
Pagel of W E-Verify MOU for Employers I Revision Date 06/01/13
CAO
IIIIIII
E-Verify
Company ID Number: 1118482
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures,
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
CAA
F.-Verify r✓.:_ IIiIEII
OF
Company ID Number: 1118482
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.8 of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E-verify mou for Employers I Revision Date 06/01/13
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E-Verifv-
Company ID Number: 1118482
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title Vll of the Civil Rights Act of 1964 and section 274E of
the lNA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verif dhs. ov. Please use "Privacy Incident -- Password" in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18, The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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Company ID Number: 1118482
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify,
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21, The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHSIUSCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in
FAR 22,1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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E-Verify
`v✓. IIIIIII <<
Company ID Number: 1118482
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
?age 6 of 17 E-Verity MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1118482
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. if the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law, Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative non confirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E-Verify
Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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l: Irp
E-Verifv-
low
Company ID Number: 1118482
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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E-Verify .1
off
Company ID Number: 1118482
employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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E-Verify
Company ID Number: 1118482
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE Vl
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IlRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Company ID Number: 1118482
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
Page 112 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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E-Verify
Company ID Number: 1118482
Approved by:
Employer
American Environmental Aviation Inc
Name (Please Type or Print)
Title
Constance Richardson
Signature
Date
Electronically Signed
08/1212016
Department of Homeland Security —Verification Division
Name (Please Type or Print)
Title
USCIS Verification Division
Signature
Date
Electronically Signed
08/12/2016
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E -Ve r i fy-
up
Company ID Number: 1118482
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
American Environmental Aviation Inc
Company Facility Address
3977 Aviation Loop
Sanford, EL 32773
Company Alternate Address
County or Parish
SEMINOLE
Employer Identification Number
4719OB807
North American Industry
Classification Systems Code
238
Parent Company
Number of Employees
5 to 9
Number of Sites Verified for
1
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1�
E-Verify-
Company ID Number: 1118482
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FLORIDA 1 site(s)
Page 15 of 17 E-Verify MOU for Employers I Revision Date MOW 3
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7=-Verifv-
Company ID Number: W8482
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name Constance J Richardson
Phone Number (407) 585 - 4242
Fax Number (407) 585 - 4245
Email Address crichardson@american-environmental.net
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Dwi-,3ioN OF QORPORA11014S
impartment of Stalra 1 Division of Corpora ions 1 Search RecrrrJs 1 Search by Fnbly, Nance I
Detail by Entity Name
Foreign Profit Corporation
AMERICAN ENVIRONMENTAL AVIATION, INC.
Filing Information
Document Number
FEIlEIN Number
Date Filed
State
Status
Principal Address
3977 Aviation Loop
Sanford, FL 32773
F14000004257
47-1908807
10/07/2014
DE
ACTIVE
Changed: 02/25/2016
Mail! 9 Address
188 LONG ISLAND AVENUE
WYANDANCH, NY 11798
Registered Agent Name & Address
COGENCY GLOBAL INC.
115 North Calhoun St.
Suite 4
Tallahassee, FL 32301
Name Changed: 04/22/2015
Address Changed: 07/07/2015
Office rlDirector Detail
Name & Address
Title President
HIRSCHBERGER, DANNY
188 LONG ISLAND AVENUE
WYANDANCH, NY 11798
Annual Reports
Report Year Filed bate
CAO
2021
01/26/2021
2022
01/21/2022
2023
01/17/2023
Document Imam
01117/2023 -- L%NN UAL REPORT
View image in PDF formal
0112112022 --ANNUAL REPORT
v
_View image in PDF foml!t�
Oit2612021 --ANNUAL REPORT
Vlety imaga in PDF format
p 1120)2020 -- ANNUAL REPORT
02108/2018 —AN NUAL REPORT
01/18?2018 --ANNUAL REPORT
01110f2017 -- ANNUAL REPORT
0212512016 -- ANNUAL REPORT
04122i2015 -- Reg. Agent Change
0110912045 --ANNUAL REPORT
1Cti07?2014 — Foreign rofr
View image in PDF format
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Vrew Image in PDF format
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mew image in PDF format
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EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name
Steve Wright
Personnel Category
Construction Superintendent
Neal Edgington Project Manager
90
construction Services Agreement: [2022_ver.3] CAO
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 015220804
Contract No. 2.3-8128
American Environmental Aviation, A
o a97TWv-iation Loop, Sanford, FL 32773 as Principal, and
The Ohio Casualty Insurance Company as Surety,
located at 28 Liberty Street, New York, NY 10005 (Business
Address) are held and firmly bound toBd of C66nty--Co-rnmissioners of Collier CountyaS Obligee in the
sum o9ne Million Six Hundred Ninety Five Thousand One Hundred Thirty One and 81/1"_L.695,131,81 ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obli ee for Fuel Farm upgrades at M sland Executive Airport (MKY)
&1mmokalee 1�egional Airport(10) accordance with drawings and specifications, which contract is
incorporated y reference and made a part hereof, and is referred to herein as the Contract.
Promptly makes payment to all claimants as defined in Section 255.05(l), Florida Statute
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in th
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remain
in full force. I
Any changes in or under the Contract and compliance or noncompliance with any formalitie
connected with the Contract or the changes do not affect Sureties obligation under this Bond. i
The provisions of this bond are subject to the time limitations of Section 255.05(2). . In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 23rd
May 2023 1 day of
, the name of each party being affixed and these presents duly signed
by Its underr_Signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement: [2022—ver,31
Signed, sealed and deliverew
in the presence of: i
Witnesses as to Principal
OKA OEM
STATE OF (41
COUNTY OF 4,_L- �"-f
The foregoing instrument was acknowledged before me by means of physical presence or El
this day of 29, by
online notarization,
as
Of a corporation, on
I) behalf of the corporation '.tjp/she is personally known to me OR has produced
as identification and did (did not)
take an oath.
f p
My Commission Expires-, U-C
(Signature of Notary Public)
ADRIANA GULLOTTA
W.
L)
NOTARY PUB. IC -STATE OF NEW YORK NAME: C'
No. 6091132
Qualif ied in Suf folk County
My Commission Expires 04-21-2024
DAMMM
Witnesses to Surety
Notary Public, State
Commission No.:
SURETY:
The Ohio Casualty Insurance Company
(Printed Name)
28 Liberty Street
New York, NY 10005
(Business Address
12
Construction Services Agreement: [2022—ver.31
Jesse Engel
Witnesses
28 Liberty -St - reet
w York, NY 10005
(Business Address)
212-208-2847
(Telephone Numbe0
STATE OF New York
COUNTY OF Westchester
The foregoing instrument was acknowledged before me by means of IN physical presence or 0
online notarization, this 23rd day of►20, 93 by
Denese Thompson as Atto corporation, on
of The Ohio Casualty,insurance Company a New HamDsh-ire ------
behalf of the corporation. He/she is personally know o me
om an A'
13
Construction Services Agreement: 12022—ver.31
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qa Liberty,
0 M,ult,ullal
SUVETY
This Power of Attofney limits the sets of those named hereIN and they have no authority to
bind the ConVany except, in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West Amedcan Insurance Company
POWER OF ATTORNEY
CerfAxate No: 8207071 - 969521
DenesILTh Uftl= grmiam _F: I
n
Thems
A of ft city of Uniondale state of N Y each individually if there be more than one narmd. its true and lawful attornev-in-facA to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and ali undertakings, bonds, recoqNzances and other suretyobNations, in pursuance
of these presents and shall be as binding upon the Companies as it they have been My signed by the president and attested by the secretary of the ConTanies in their own proper perwris.
-11 111! IF" i I �, 111, 1111�
ITB# 234128
Bond No. 015220804
-- -- ---------
Contract No. 23-8128
KNOW ALL MEN BY THESE PRESENTS: That American Environmental Aviation, Inc.
of 3977 Aviation Loop, Sanford, FL 3277a% Principal, and The Ohio Casualty Insurance Company_
as Surety, located at
berty Street, New York, NY 10005
Wsiness Addre are held and firmly bound to
Tof Commissioners of sth)e County of Collier as Obligee in the sum of
One Million Six Hundred Ninety Five Thousand One Hundred Thirty One,and 811100----
($ 11695,131-81 _) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
14
Construction Services Agreement-. [2022—ver.31 CAO
Signed, sealed and delivered
0
in the presence
I / 1v 4 V
11
4
AV
A
/j
--------------
witnesses as to Principal
STATE OF
COUNTYOF
."maps 01
..... .. . - - ----
nature of Notary'Public)
NOTARY PUBLIC -STATE OF NEW YORK
No. 6091132
Qualifiod in Suffolk County
My Commission FXplros 04-21-202/
Name', hr _1_-_J'a.1
(Legibly Printed)
t
J
Notary Public, State of: tL;
Commission No.: i 3
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Construction Services Agreement: [2022_ver.31
M
MMUM
Witnesses as to Surety
Jesse En el
Witnesses
STATE OF New York
COUNTY OF VVestchester
SURETY.,
The Ohio Casualty Insurance Company
(Printed Name)
2-81flberty� Street
-------------
Lm
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Denese Thompson
(Printed Name)
28 Liberty Street
New York, NY 10005
(Business Address)
212-208-2847-
(Telephone Number)
The foregoing instrument was a6ff�ledged before me& means of �I'W�physical presence or 0
online notarization, this r day of y I 2o 23 by
r'f
Denese Thompson as Attorney in Fact
of------ The Ohio Casualty-1-insurance Company a corporation, on
behalf of the corporation. He/she is personally known to me 45MCXW)PAY40MX
0,11 00"c6i,11110, P
did �MM4X
U, 1" M011
ME=
jESSE ENGEL
wftry PubliCs State of New York
Notary Public, State of: kin EN0005306
IC
westc-lieSter 00
Commission No.: nj Ifliffled- in
ims 4/0712
commission Expiry
16
Construction Services Agreement- [2022_ver.31
M
Libe
rty.,
Mutual..
SURETY
bind the Company except im the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No, 8207071 - 969521
- - - - - - - - - - -
---- ------------ .. .. ........
an of the city of Uniondale state of NY each individuAly if there be more than one named. its true and lawful afforney-In-fad to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and ali undertakings. bonds. reoognizances and other surety obligations, in pursumm
of these presents and shall be as binding upon the Companies as if they have been My signed by the president and aftested by the wcretaty of the Companies in their own proper persons.
UUM, "IFT M!W�
hUl DR& J�Wl PTK;�—��
ME M,
MIN
I
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The
Contractor shall procure and maintain property insurance upon the entire project, if required, to the full
insurable value of the scope of work,
The County and the Contractor waive against each other and the County's separate Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's
separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County", or, the specific solicitation numbedcontract number and title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and
shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT
B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor
has any self -insured retentions or deductibles under any of the below listed minimum required coverage,
Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions
or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured
retentions or deductibles will be Contractor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non -renewal on the part of the insurance carrier or the Contractor. The Contractor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer and
nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
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Construction Services Agreement: [2022_ver.31
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Contractor under this Agreement or any other agreement between the County and Contractor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later
than ten (10) calendar days after the expiration date on the certificate. Failure of the Contractor to provide the
County with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
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EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me, the undersigned authority, personally appeared
being duly sworn, deposes and says:
who after
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors, material -
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated 20 for the period from to
. This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
Witness
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY:
ITS:
DATE:
President
[Corporate Seal]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this
day of 20 by as
of , a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public)
NAME:
(Legibly Printed)
Notary Public, Stale of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
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Construction Services Agreement: [2022_ver.3]
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer
Owner's Project
Manager's Name:
Bid No.
Project No.
Count 's Division Name
Purchase Order No.
Submitted by Contractor
Representative: Name
Application Date:
Contractor's Name &
Address:
Payment Application No.
Original Contract Time:
Original Contract Price:
$
Revised Contract Time:
Total Change Orders to Date:
$
Revised Contract Amount:
$
Total Value of Work Completed &
Stored to Date:
$
Retainage @5% through
Insert Date
$
Retainage @ 5% through (Insert
date
$
Retainage @ %
after Insert date
$
Less Retainage
$
Total Earned Less Retainage
$
Less previous a ment s
Percent Work Completed
to Date:
%
AMOUNT DUE THIS
APPLICATION:
$
Percent Contract Time
Completed to Date:
%
Liquidated Damages to
Be Accrued
$
Remaining Contract Balance
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
ontractor's. Name
ontractor's Signature:
Date:
Type Title:
Shall be signed by an authorized
representative of the Contractor.
a ment to the CONTRACTOR
for the above AMOUNT DUE THIS APPLICATION is recommended by:
esign Professional's Name:
ignature:
Date:
a meat to the CONTRACTOR
for the above AMOUNT DUE THIS APPLICATION Is recommended by:
wner's Project Manager
ame:
ignature:
Date:
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Construction Services Agreement: [2022 ver.3[
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EXHIBIT D (Continued) SCHEDULE OF VALUES
Project Name:
Project Number:
Date:
Period To:
ITEM
NUMBER
DESCRIPTION
SCHEDULED
VALUE
WORKCOMPLETED
STORED
MATERIALS
TOTAL
COMPLETED
&STORED
TO DATE
PERCENT
COMPLETE
BALANCE
To FINISH
5%
RETAINAGE
_•h
PETAINAGE
tred—dratq
TOTAL
RETAINAGE
WITHHELD
PREVIOUS APPLICATIONS
THIS
PERIOD
THRu DATE
SINCE DATE
TOTALS
. Explanation for the two columns under Previous Applications: The Thru Date is where you will glace alt Information until the contract is complete unless a retease or reduction Of
retainage issue comes Into play. If this happens, all information up to the date Of the %change in retainage is placed in the Thru Date column. Information after that date is placed
in the Since Date column. This states what has happened since the change in retainage.
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Construction Services Agreement: (2022_ver.3)
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Exhibit ❑
(Continued)
Stored Materials Record
Formula: A+B-C-D=E
A B C D
E
Date Description Supplier
Invoice Previously Received Previously Installed
Number Received This Period installed This Period
Balance
To
Install
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EXHIBIT E: CHANGE ORDER
Copier County
Procurement Services
Change Order Form
❑ Contract Modification ❑ Work Order Modification
Contract#: Change #:[--= Purchase Order#: Project M
ContractorIFlrm Name: ContractlProject:
Project Manager Name: Division Name:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current ContractlWork Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change 4DIV101 Total Change from Original Amount
Revised ContractlWork Order Total $ 0.00 -4DIV10I1 Change from Current BCC Approved Amount
Cumulative Changes 5 n nol #DIV/011 Change from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Dale Date (Includes this changaj =
# of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other
Provide a response to the following: 1.) detailed and specific explanatlonlrationale of the requested change(s) to the task(s) and 1 or
the additional days added (if requested); 2.) why this change was not Included in the original contract; and, 3.) describe the impact
U11b 1i 11411NC 1b II Vi 1+1 1 J , (,1— . auu,u „o, ,,., ....... .................. --I'.'--'
Prepared by: Date:
{Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract I work order identified above and wilt be subjecl to all the same
terms and conditions as contained in the contract I work order indicated above, as fully as if the same were stated in this acceptance. The
adjustment, if any, to the Contract shall constitute a full and final setliement of any and all claims of the Contractor l Vendor l Consultant !
Design Professional arising out of or related to the change set forth herein, including claims for Impact and delay costs.
Accepted by: Date:
(Contractor I Vendor I Consultant 1 Design Professional and Name of Firm, if project applicable)
Accepted by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Division Director or Designee)
Approved by: Date:
(Procurement Professional)
f�•arsrd. 21 (Dmi?!vm who Alai regL4 u addRonal s+gnatures Away uxkuie on ��rale sh�t.l FRCKVserrY+.r uteo!uv
bt,u,� � sccef
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Change Order/Amendment Summary
COST TIME
CON AMD# Description Additive Deductive Days New
+ Added Amount
Justification
Revised: 01114;Mi (Gi%4sions X.rizo mAV requ°ra aUciltjor.,31 s;gnatu esr ay include on separaiz Sheet)
Paof URF-t?E €T il% £}IiL
4drn:n
c
6e.CE3
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Construction Services Agreement: {2022_ver.3]
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OWNER'S Project No.
PROJECT:
CONTRACTOR:
Contract For
Contract Date
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
Design Professional's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified
parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives
of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially
complete in accordance with the requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES:
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OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on
By:
Design Professional
Type Name and Title
20
CONTRACTOR accepts this Certificate of Substantial Completion on 20
By:
CONTRACTOR
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
By:
OWNER
Type Name and Title
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Construction Services Agreement: [2022_ver.3]
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EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
PO No.: Date:
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one-year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As -Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by NIA, If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:
By Design
Professional:
By Owner:
ompany Name)
(Signature)
(Typed Name & Title)
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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Construction Services Agreement: [2022_ver.31
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EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work -site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation,
2s
Construction Services Agreement: 12022_ver.3]
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2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services
above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being
referred to in this Sub -Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities
to determine the necessity for relocating or temporarily interrupting any Utilities during the
construction of the Project. Contractor shall schedule and coordinate its Work around any such
relocation or temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere with the prosecution of the
Work (except those utilities to be coordinated by the Owner as may be expressly described
elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract Documents or (ii) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, and which reasonably should not have been discovered by Contractor as part
of its scope of site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions are
disturbed and in no event later than three (3) calendar days after first observance of such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment
to Contractor's compensation or time for performance, or both, for such Work. If Owner determines
that the conditions at the site are not materially different from those indicated in the Contract
Documents or not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified, Owner shall so
notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such
determination by Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract
Documents shall be complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall
prepare and submit to Project Manager, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide
for expeditious and practicable execution of the Work within the Contract Time. The Progress
Schedule shall indicate the dates for starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to
the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The Project Manager's review and approval of the submitted Progress Schedule updates
shall be a condition precedent to the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements of all
Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be
29
Construction Services Agreement: t2022_ver,3]
CAS
limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed
outside the specified hours without the prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project
Manager, for their review and approval, a schedule of values based upon the Contract Price, listing
the major elements of the Work and the dollar value for each element. After its approval by the
Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly
Applications for Payment. This schedule shall be updated and submitted each month along with a
completed copy of the Application for Payment form signed by the Contractor's authorized
representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the
Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the
work and materials involved and the dollar amount of each subcontract and purchase order.
Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted
with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior
written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days
after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by
Owner in its sole discretion, Contractor may submit its invoice for any required Payment and
Performance Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's
sole discretion, Owner is not required to make any payment for materials or equipment that have not
been incorporated into the Project. If payment is requested on the basis of materials and equipment
not incorporated into the Project, but delivered and suitably stored at the site or at another location,
and such payment and storage have been agreed to by Owner in writing, the Application for Payment
also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect Owner's interest therein, all of which shall be
subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also
shall complete and submit to Owner as part of its Application for Payment, the Stored Materials
Record attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or
her designee, as directed by Owner (which designee may include the Design Professional). After
the date of each Application for Payment is stamped as received and within the timeframes set forth
in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its
approval of the requested payment; (2) indicate its approval of only a portion of the requested
payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper
invoices in the amounts approved shall be processed and paid in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department respectively.
4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project
Manager, the Contractor may make the necessary corrections and re -submit the Application for
Payment. The Owner shall, within ten (10) business days after the Application for Payment is
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stamped and received and after Project Manager approval of an Application for Payment, pay the
Contractor the amounts so approved.
4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in
the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing
does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each
monthly progress payment as otherwise allowable under Section 255.078, Florida Statutes. Any
reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes,
shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released
to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with
Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner.
4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's
Work,
4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied
by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of
payment in full for all materials, labor, equipment and other bills that are then due and payable by
Owner with respect to the current Application for Payment. Further, to the extent directed by Owner
and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that
each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's
Application for Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of
funds must be spread over the duration of the Project at regular intervals based on the Contract
Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for
Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed
Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work performed
under this Agreement, Contractor shall continue to perform the Work required of it under this
Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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6. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off -set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
5.4 If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-up
the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the
Company and any business, corporation, partnership, limited liability company or other entity in
which the Company or a Parent or a Subsidiary of the Company holds any ownership interest,
directly or indirectly.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and
the administrative procedures established by the County's Procurement Services Division and the
Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project
Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit
condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner
with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as
well as, a duly executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of final payment
and final retainage, the Contractor's Representative and the Project Manager shall jointly complete
the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit
G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims
by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except
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those previously made in writing in accordance with the requirements of the Contract Documents
and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance
of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any
obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval
of materials to be submitted such as shop drawings, data, test results, schedules and samples.
Contractor shall submit all such materials at its own expense and in such form as required by the
Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the
installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to
determine that the material or equipment proposed is equivalent or equal to that named. Requests
for review of substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project Manager
within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 1f Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated, The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Design Professional. No substitute will be
ordered, installed or utilized without the Project Manager's prior written acceptance which shall be
evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop
Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. The Project Manager will
record time required by the Project Manager and the Project Manager's consultants in evaluating
substitutions proposed by Contractor and making changes in the Contract Documents occasioned
thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner
for the charges of the Design Professional and the Design Professional's consultants for evaluating
each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager
on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved
by the Project Manager. The daily log shall document all activities of Contractor at the Project site
including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work hours,
the amount of precipitation received on the Project site, and any other weather conditions which
adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractor's and Sub -Contractor's personnel;
8.1.4 The number of Contractor's and Sub -Contractor's personnel present and working
at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or the time
of performance.
The daily log shall not constitute nor take the place of any notice required to be given by Contractor
to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract
Documents, including, but not limited to, all drawings, specifications, addenda, amendments,
Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and
clarifications issued by the Design Professional, in good order and annotated to show all changes
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made during construction. The annotated drawings shall be continuously updated by the Contractor
throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt
the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and
Field Orders, and all concealed and buried installations of piping, conduit and utility services. All
buried and concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent features
(e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes,
corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The
"As -Built" record documents, together with all approved samples and a counterpart of all approved
shop drawings shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final payment,
these "As -Built" record documents, samples and shop drawings shall be delivered to Project
Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate to
the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those
contractual requirements in 119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRe nest colliercount fl. ov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
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agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being
done on the Project by its subcontractors and material -men, as well as coordinating its Work with all
work of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures, as well as coordination of
all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers
and contractors as set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of government,
fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner
in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or
causes thereof, or be deemed to have waived any right which Contractor may have had to request
a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be responsible,
in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages
or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall
receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to
seek an extension to the Contract Time; provided, however, the granting of any such time extension
shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based on late
completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work
under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized
estimate of any cost or time increases or savings it foresees as a result of the change. Except in an
emergency endangering life or property, or as expressly set forth herein, no addition or changes to
the Work shall be made except upon written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be
approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs
of any changes commenced without Owner's express prior written approval. Failure to obtain such
prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for
such items and (ii) an admission by Contractor that such items are in fact not a change but rather
are part of the Work required of Contractor hereunder.
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10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning the
requested changes. Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the
manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by
Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make
a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any
claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the amount
of the increase shall be limited to the Contractor's reasonable direct labor and material costs and
reasonable actual equipment costs as a result of the change (including allowance for labor burden
costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such
change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all
overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent
(15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and
home office overhead is included in the markups noted above. No markup shall be placed on sales
tax, shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents or representatives of the County, shall have the right
to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim
with respect to Contractor's costs associated with any Payment Application, Change Order or Work
Directive Change,
10.6 The Project Manager shall have authority to order minor changes in the Work not involving
an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such modifications are
authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation
of the terms of the Contract Documents, payment of money, extension of time or other relief with
respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or relating to the Contract
Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
(48) hours from when the Contractor knew or should have known of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data
shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of
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the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed
to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection
10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed
to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract
Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have
other work performed by utility owners or let other direct contracts. If the fact that such other work
is to be performed is not noted in the Contract Documents, written notice thereof will be given to
Contractor prior to starting any such other work. If Contractor believes that such performance will
involve additional expense to Contractor or require additional time, Contractor shall send written
notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of
the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension
to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct
contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such work and shall properly connect and coordinate its Work
with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to
make its several parts come together properly and integrate with such other work, Contractor shall
not endanger any work of others by cutting, excavating or otherwise altering their work and will only
cut or alter their work with the written consent of the Project Manager and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of
such utility owners and other Contractors to the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between Owner and such utility owners and other
contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any
other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project
Manager in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. Contractor's failure to report will constitute an
acceptance of the other work as fit and proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by
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any party and written notice of such claim being provided to Contractor. Contractor's obligation to
indemnify and defend under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the Owner or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding
Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply
with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not
limited to those dealing with taxation, worker's compensation, equal employment and safety
(including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor
observes that the Contract Documents are at variance therewith, it shall promptly notify Project
Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the
inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms
shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents
to the contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order
for such increases, except to the extent Contractor knew or should have known of such changes
prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States, including the
requirements set forth in Florida Statute, §448.095.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Contractors 1 Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the Contractor's/bidder's proposal, Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also
required to provide the Collier County Procurement Services Division an executed affidavit certifying
they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents.
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If the Bidder/Contractor does not comply with providing both the acceptable E-Verif
evidence and the executed affidavit the bidder's 1 Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218,80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
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17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default shall be
considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in
this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time
specified herein; or (2) fails to properly and timely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably
or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume
Work which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final
judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for
the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or
regulations with respect to the Work; or (10) materially breaches any other provision of the Contract
Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt
by Contractor of said written notice or such longer period of time as may be consented to by Owner
in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights
and remedies against the Contractor's sureties and without prejudice to any other right or remedy it
may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work and any
materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever
means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not
be entitled to receive any further payments hereunder until after the Project is completed. All moneys
expended and all of the costs, losses, damages and extra expenses, including all management,
administrative and other overhead and other direct and indirect expenses (including Design
Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall
be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the
Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such
excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all
such costs, expenditures and damages incurred by the Owner to complete the Work, such excess
shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application, and this obligation for payment shall
survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or required,
in completing the Work and providing labor, materials, equipment, supplies, and other items therefore
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or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits,
and judgments pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be the
same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30)
days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement until such default is cured, after giving Owner a second
fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement.
If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons
performing portions of the Work under contract with the Contractor or any Subcontractor, the
Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to
terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt
of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to
the Owner, terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor
not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of
the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of
time to its schedule in accordance with the procedures set forth in the Contract Documents. In no
event shall the Contractor be entitled to any additional compensation or damages. Provided,
however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to
terminate the Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its
intended use, Contractor shall notify Project Manager in writing that the entire Work (or such
designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor
and Design Professional shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner, after conferring with the Design Professional, does
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not consider the Work (or designated portion) substantially complete, Project Manager shall notify
Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project Manager
shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the
date of Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner
shall have the right to exclude Contractor from the Work and Project site (or designated portion
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable
access to complete or correct items on the tentative punch -list. The Project Manager, shall
coordinate with the Contractor the return of any surplus assets, including materials, supplies, and
equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Project Manager and
Design Professional will make such inspection and, if they find the Work acceptable and fully
performed under the Contract Documents shall promptly approve payment, recommending that, on
the basis of their observations and inspections, and the Contractor's certification that the Work has
been completed in accordance with the terms and conditions of the Contract Documents, that the
entire balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipts, releases and waivers of liens, arising out of the Contract
Documents, to the extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptability, even though the Design Professional may have issued its recommendations.
Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall
become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all Work
shall be of good quality, free from all defects and in conformance with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract Documents,
Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also
be responsible for and pay for replacement or repair of adjacent materials or Work which may be
damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner
may commence to correct any defective Work, without prior notice to Contractor, at Contractor's
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expense. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inspection of the warranted work to verify compliance
with the requirements of the Agreement. The Contractor's Representative shall be present at the
time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection.
Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify
the Contractor from future bid opportunities with the Owner, in addition to any other rights and
remedies available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and employees, and
governmental agencies with jurisdiction over the Project shall have access at all times to the Work,
whether the Work is being performed on or off of the Project site, for their observation, inspection
and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall
provide Project Manager with timely notice of readiness of the Work for all required inspections, tests
or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public
authority having jurisdiction over the Project requires any portion of the Work to be specifically
inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish Project Manager the required certificates of inspection, testing or
approval. All inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and
costs; to the extent such re -inspections are due to the fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence
from the Project Manager, such work must, if requested by Project Manager, be uncovered for
observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project
Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted
with reasonable promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be uncovered
for Project Manager's observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all
engineering and inspection expenses incurred by Owner in connection with any overtime work. Such
overtime work consisting of any work during the construction period beyond the regular eight (8) hour
day and for any work performed on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design Professional nor
inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to
perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any warranties made
or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager,
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Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or
completed, or if the defective Work has been rejected by Project Manager, remove it from the site
and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential
costs of such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be observed
by Design Professional or inspected or tested by others and such Work is not otherwise required to
be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise
make available for observation, inspection or tests as Project Manager may require, that portion of
the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is defective, Contractor shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and other
professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If,
however, such Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers,
suitable materials or equipment or fails to finish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Project Manager may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project
Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein
shall be construed as obligating the Project Manager to exercise this right for the benefit of Design
Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept
defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential
costs attributable to the Owner's evaluation of and determination to accept defective Work. If such
determination is rendered prior to final payment, a Change Order shall be executed evidencing such
acceptance of such defective Work, incorporating the necessary revisions in the Contract
Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts
such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to
correct defective Work or to remove and replace rejected defective Work as required by Project
Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents,
Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event
of an emergency. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from any or all of the Project site, take possession of all or any part of the Work,
and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Project site and incorporate in the Work all materials
and equipment stored at the Project site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives,
agents, and employees such access to the Project site as may be necessary to enable Owner to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs
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of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents, including
an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall
include, but not be limited to, fees and charges of engineers, architects, attorneys and other
professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24A Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.13, for services not rendered.
25. PROTECTION OF WORK.
25A Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall
immediately notify Project Manager and Design Professional. The Owner or Design Professional
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shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner
associated therewith.
Pz:. AliL9Z;[eNQ W1J
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor
knew or should have known of the occurrence of the emergency, if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be issued to
document the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any right it
otherwise may have had to seek an adjustment to the Contract Amount or an extension to the
Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by
the Contract Documents and other lands and areas permitted by law, rights of way, permits and
easements, and shall not unreasonably encumber the Project site with construction equipment or
other material or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
28.1.1 All employees on or about the project site and other persons and/or organizations
who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks,
pavements, roadways, structures, utilities and any underground structures or improvements not
designated for removal, relocation or replacement in the Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
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Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
28A Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.E All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
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28.5.8 The Employees may not solicit, distribute or sell products while on Owner's
property. Friends, family members or other visitors of the Employees are not permitted on Owner's
property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said regulations
and requirements may be modified or changed by Owner from time to time,
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with
the Project Manager, Design Professional and others as appropriate to discuss the Progress
Schedule, procedures for handling shop drawings and other submittals, and for processing
Applications for Payment, and to establish a working understanding among the parties as to the
Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened
by the Project Manager with respect to the Project, when directed to do so by Project Manager or
Design Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre -construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS), where applicable on state roadways.
These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807,
incorporated herein by reference. Copies are available through Risk Management and/or
Procurement Services Division, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below;
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32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax
and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct
purchases of various construction materials and equipment included in the Work ("Direct Purchase").
Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner,
on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase
orders by Owner, Contractor represents and warrants that it will use its best efforts to cooperate
with Owner in implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the
amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be
processed promptly after each Direct Purchase, or group of similar or related Direct Purchases,
unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct
Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all Direct
Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges
and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty
to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of
the Contract Documents. In the event Owner makes a demand against Contractor with respect to
any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all
warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct
Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide the sequence
of construction activities. Contractor will determine the breakdown and composition of bid packages
for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy
of that breakdown and composition to Owner and Design Professional for their review and approval
prior to submitting its first Application for Payment. Contractor shall take into consideration such
factors as natural and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor and
materials, community relations and any other factors pertinent to saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing
any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible
for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work
Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and
shall review the costs of those proposals and advise Owner and Design Professional of their validity
and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change
Order from Owner. All Subcontractors performing any portion of the Work on this Project must be
qualified as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its portion of
the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing
information and phone numbers, it intends to utilize for the Project prior to entering into any
subcontract or purchase order and prior to the Subcontractor commencing any work on the Project.
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The list identifying each Subcontractor cannot be modified, changed, or amended without prior
written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor
must be approved in writing by Owner in its sole discretion prior to commencement of such work.
Contractor shall continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with
anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every
Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log
of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors
shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing
by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents,
as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide
for the assignment of the subcontract or purchase order from Contractor to Owner at the election of
Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party
of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an
additional insured on all liability insurance policies required to be provided by the Subcontractor
except workman's compensation and business automobile policies, (5) assign all warranties directly
to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be
bound. Each Subcontractor shall similarly make copies of such documents available to its sub -
subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site)
supervision through a named superintendent for each trade (e.g., general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or
purchase order. In addition, the Subcontractor shall assign and name a qualified employee for
scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor
(including field superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience for each
employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders
shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the
subcontract or purchase order caused by events beyond its control, including delays claimed to be
caused by Owner or Design Professional or attributable to Owner or Design Professional and
including claims based on breach of contract or negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%
for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor
to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and
changes in the Work and thus eliminate any other remedies for claim for increase in the contract
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price, damages, losses or additional compensation. Further, Contractor shall require all
Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and
purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the
manner in which Contractor must submit such claims to Owner, and that failure to comply with such
conditions for giving notice and submitting claims shall result in the waiver of such claims.
34. CONSTRUCTION SERVICES.
34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Project files and records, including, but not limited to, the following administrative records:
34.1.1
Subcontracts and Purchase Orders
34.1.2
Subcontractor Licenses
34.1.3
Shop Drawing Submittal/Approval Logs
34.1.4
Equipment Purchase/Deiivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1.12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost -Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34.1.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"As -Built" Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
34.1.28
Transmittal Records
34.1.29
Inspection Reports
34,1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1,32
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
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34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule
to be determined by the County Manager or his designee. Prior to the scheduled presentation date,
the Contractor shall meet with appropriate County staff to discuss the presentation requirements and
format. Presentations may include, but not be limited to, the following information: Original contract
amount, project schedule, project completion date and any changes to the aforementioned since
Notice to Proceed was issued.
35. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If
required, Contractor shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Division for all employees that shall provide services to the County
under this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to maintain
records on each employee and make them available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each
year at no cost to the Contractor during the time period in which their background check is valid, as
discussed below. All technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail
(DL-FMOPSQcolliercountyfl.goy) whenever an employee assigned to Collier County separates from
their employment. This notification is critical to ensure the continued security of Collier County
facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction
of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This
will be coordinated upon award of the contract. If there are additional fees for this process, the
Contractor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a
Value Engineering (VE) study conducted during project development. A "project" shall be defined as
the collective contracts, which may include but not be limited to: design, construction, and
construction, engineering and inspection (CEI) services. Additionally, any project with an estimated
construction value of $2 million or more may be reviewed for VE at the discretion of the County.
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38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30130A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing 1 will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials 1 petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES,
The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed
and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Owner's projects is not in the best
interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with full decision -
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negotiations to Owner for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision -making authority and by Owner's staff person or designee who would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under Section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS
® Attached hereto, following this page is EXHIBIT La and Lb
❑Not Applicable
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EXHIBIT La: SUPPLEMENTAL TERMS AND CONDITIONS
The parties (Collier County and Contractor) agree to amend the Agreement within no
later than ninety (90) days of the effective date to comply with legislative changes to Fla.
Stat., §218.735, Timely payment for purchases of construction services, Fla. Stat., §
255.074, Procedures for calculation of payment due dates, Fla. Stat., §255.077, Project
closeout and payment of retainage, and Fla. Stat., §255.078, Public construction
retainage, (with an effective date of July 1, 2023).
Page 1 of 1
AL)
EXHIBIT labs: SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CSFA 55.004
The supplemental
conditions contained in this section are intended to cooperate
with, to
supplement, and
to modify the general
conditions and other specifications. In
cases of
disagreement with
any other section of this
contract, the Supplemental Conditions shall
govern.
The services performed by the awarded Contractor shall be in compliance with all applicable State
of Florida Department of Transportation regulations/requirements, and additional requirements
specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize
the necessary manuals and guidelines that apply to the work required to complete this project. In
general,
1) The contractor (including all subcontractors) must insert these contract provisions in
each lower tier contracts ( e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental
agreements and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by
any subcontractor, lower -tier subcontractor or service provider
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
GENERAL CIVIL RIGHTS PROVISIONS
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 English proficiency), creed, sex (including sexual
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,
CIVIL RIGHTS —TITLE VI ASSURANCES
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 state 252) (prohibits
discrimination
on the basis
of race, color, national
origin);
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
• 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 at 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);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 at 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, at 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)];
• • Title IX of the Education Amendments of 1972, as amended, which prohibits you from
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
discriminating because of sex in education programs or activities (20 USC v 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.
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,
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of
the contractor's obligations under this contract and the 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
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
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.
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
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
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.
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.
CON SULTANT/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.
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
(1) The prospective primary participant cerliflea to the best of its knowledge and belief, that Il 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 athree-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 Slate 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 criminaly or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of
this certification; and
(d) Have not within athree-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.
banny Hlrschberger
President
Title
American Environmental Aviation, Inc.
3977 Aviation Loop, Sanford, FL 32773
Street Address, CKy, State, Zip
Signet r
GCP•7
DL9USPA8GPD3
Unique Entity Identification Number
A7-1908807
Tax ID Number
CAS
SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Conflict of interest
23-8128
Collier County Solicitation No.
I Danny Hirschberger ,hereby certify that to the best of my knowledge,
neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an
officer, director, trustee, general partner or employee, or any person or organization with whom I am
negotiating or have an arrangement concerning prospective employment has a financial interest in this
matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household, Also, to the best of my knowledge, no member of my household; no relative with
whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks
employment; and no organization with which I am seeking a business relationship nor which I now serve
actively or have served within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquislifon of any financial or personal interest as
described above that would be affected by the matter, and to disclose any interest I, or anyone noted above,
has in any person or organization that does become involved in, or is affected at a later date by, the conduct
of this matter, n _
President 515123
Position Date
Privacv Act Statement
Title I of the Ethics in Government Act of 1976 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this information. The primary use of the information on this form Is
for review by officials of The Justice Department to determine compliance with applicable federal conflict of
interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a
federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or
potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding
iI the government is a party or in order to comply with a Judge•issued subpoena; (3) to a source when
necessary to obtain information relevant to a conflict of Interest Investigation or decision; (4) to the National
Archives and Records Administration or the General Services Administration In records management
inspectlons; (5) to the Office of Management and Budget during legislative coordination on private relief
legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or
administrative proceeding, if the Information is relevant to the subject matter. This confidential certification
will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 _
executive branch -wide Privacy Act system of records.
GCP•8
CAD
��irotl-�
SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
GpLLIEtt`COUNTY
ANTICIPATEO015ApVANTAGEOfMINORITYp WOMEN OR VETERAN PARTICIPATION STATEMENT
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SUPPLEMENT GRANT CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUIiTY OWsItT CO.NPIbVitf fOR111
010 OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONALCONSULTANT SERVICES
Continued
1. Federai TaxlDNunlbcr: Norte, 6.me 8. Asuwcl Gross Receipts
2. Firm Nome: R Nonrou $lmillion
3. Phone Number. Between S 13 mXM
4. Meets j Between S510mlilion
70BSubcontractor Between S 20.15 Ailllon
Subconwhar4 More t(un$ 15 milllon
S. Year Firm Establithed:
1. Federal TsxlDfhsmber 6, DU 8, Annual Orou Raelpts
2. Firm Name; R NotvDBE kssdsan$ 3 million
3. PW&Number•. Between 5l•SmRBon
4. Ad*tss - -- Between SS,10million
70 Subcontractor Betwt nS10.15million
SulsconwimM tdorc ehan 515 mlil(on
S. Year Firmfstablished: --
1. WeraIYoxlDNumbcr: 6.� DBE 0, Annual Gross Receipts
2. FhmNerne: ti ON Lesethan$ lmalion
3. Phone Number. Between S k5 in"00
4. Ad&ess Between$ 540 million
7.R Svbcomractor Between$30,15mtllon
Submnsuhant Hhiuc than $ly millon
5. Ytar Firm Established:
1. Fak»ITa%IONumben 6.� 0EE 8. Amrel Cross RecelpU
2. Firm Name: Nor4u Lessthan$1milllon
$. Phone Number, _ _ Between S 15 Rion
4. Ademss Betwccn S 540 million
Subw.ruxor Between SIO.lSAilllon
Subconsulunt hlorcthan$limilllm
S. Yearfl:m Established:
1. TederalTaxlONwnber. 6.1 ' Du 8. AnnuilCrws Aece(pts
2. Firm Name: Fj� Norroez ksa than$l million
3. Pharn tiustber: Between S 1.5 million
4. Address Between $ er10 mlllfon
7. SubcomrMorHIgIced
Between$104SMIllon
Subconsvhant than 15 million
5. Year Firm Eatahllshed:
[Ke1301