#23-8120 (Dec Contracting Group) CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with DEC Contracting Group, Inc. ("Contractor") of 1560 Matthew Drive, Ste.
B, Ft. Myers, FL 33907, a Florida Profit Corporation, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with "Bulk Aircraft Hangar at Marco Island
Executive Airport", Invitation to Bid No. 23-8120 ("Project"), as said Work is set forth in the Plans
and Specifications prepared by Hole Montes, Inc. the Engineer and/or Architect of Record
("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (all of said documents including the Agreement sometimes being referred to
herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the
"Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project
site at all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and
the appropriate number of sets of the Construction Documents, signed and sealed by the Design
Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials,
tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to
diligently, timely, and fully perform and complete in a good and workmanlike manner the Work
required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this
Agreement: Three Million Sixty-Three Thousand Nine Dollars and Forty-One Cents
($3,063,009.41).
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
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than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents,the Contractor shall, within five (5) calendar days thereafter,
substitute at its cost and expense another bond and surety, both of which shall be subject to the
Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial
Completion within three hundred and thirty-six (336) calendar days from the Commencement
Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated
portions thereof) is the date certified by the Design Professional when construction is sufficiently
complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work
(or designated portions thereof)for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion. Final
Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and throughout the
Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Department Administrator or Division Director, as applicable,
acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will
suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified
above, as said time may be adjusted as provided for herein. In such event, the total amount of
Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should
Contractor fail to achieve Substantial Completion within the number of calendar days established
herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Two
Thousand Five Hundred Seventy-Nine Dollars ($2,579.00) 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
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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 #23-8120 "Bulk Aircraft Hangar at Marco Island
Executive Airport".
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 1 1 Not Applicable
Exhibit B-2: Performance Bond Forms 1 Not Applicable
Exhibit B-3: Insurance Requirements
Exhibit C: Release and Affidavit Form
Exhibit D: Contractor Application for Payment Form
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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 #23-8120 "Bulk Aircraft Hangar at Marco Island Executive
Airport".The complete contract documents, including Addendum with attachments, are available
on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties
agree comprise the final integrated agreement executed by the parties.
Sections corresponding to any checked box ( Z ) expressly apply to the terms of this Agreement
and are available through the County's on-line bidding.
`Exhibit J: Technical Specifications
nExhibit K: Permits
®Exhibit L: Standard Details
Exhibit M: Plans and Specifications prepared by: Hole Montes, Inc.
Exhibit N: Environmental Health and Safety Requirements for Construction Projects
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the
following:
Collier County Board of County Commissioners, FL
do Airport Authority
2005 Mainsail Drive
Naples, FL 34114
Attn: Andrew Bennett, Executive Manager
Phone: (239) 252-8425
Email: Andrew.Bennett(a�colliercountyfl.gov
B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
DEC Contracting Group, Inc.
1560 Matthew Drive, Ste. B
Ft. Myers, FL 33907
Attn: Erika Bodenstein, Vice President
Phone: (239) 332-4322
Email: Erika(c deccontracting.com
C. Either party may change its above noted address by giving written notice to the other party
in accordance with the requirements of this Section.
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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.
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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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
CONTRACTOR:
l O WITNESSES: DEC Contracting Group, Inc.
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er.
FIRS ITNESS'Re.„ r1o. L . "D cam►h, By: --ej! # .
Print Name EV"L4 Ppr Thtip , ) \I '?‘
4.0 JQ"N ,,�._v Print Name and Title �W I
SECOND WITNESS
nt �,a a2 ..or I
� �- VI 1"1���`��-,� Date: '
Print Name
ATTEST: OWNER:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
& Comptroller / OF COLLIER COUNTY FLORIDA
et
BY: -' I
o'® BY. /
i2ji
, =:.,i..^... Lo Cnairman's RICK LOCASTRO, Chairman
4. .:` ignature only .. i
Date: iO• �a �R3
Approved as to Form d Legality:
/? -eel—.
County Attorney
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44, RA2e--4..,L___
Print Name
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Construction Services Agreement:[2022_ver.41 /
EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport(MKY)
Bid Schedule
I DESCRIPTION OF WORK I UNIT ' I QTY I COST I TOTAL I
1.0 GENERAL REQUIREMENTS
UNIT QTY COST TOTAL
1.1 General Conditions LS 1 $375,832.67 $ 375,832.67
GENERAL REQUIREMENTS-TOTAL I$ 375,832.67 I
2.0 GEOTECHNICAL
UNIT OTY COST TOTAL
Surcharging Site LS 1 $ 359,992.98 S 359,992.98
GEOTECHNICAL-TOTAL I$ 359,992.98 I
3.0 SITE WORK-Documents prepared by Hole Montes,Inc.
UNIT QTY COST TOTAL
C-102 Installation and Removal of Silt Fence LF 665 $3.60 S 2,394.00
C-105 Mobilization LS 1 $59,998.83 $ 59,998.83
Section 120-4 Subsoil Excavation CY 300 $13.20 S 3,960.00
Section 120-6 Embankment CY 710 $63.60 $ 45,156.00
Section 522-1 Concrete for Sidewalks(4") SY 51 $228.00 $ 11,628.00
T-904 Sodding SY 1024 $8.90 $ 9,113.60
F-162 Installation of Fence LF 51 $235.29 $ 11,999.79
D-701 12"x18"CL3 ERCP LF 39 $138.00 $ 5,382.00
Section 425-1 FDOT Type'C'Inlet EA 1 $12,599.75 $ 12,599.75
Utility Sitework LS 1 $13,439.74 $ 13,439.74
-
SITE WORK-TOTAL I$ 175,671.71 I
4.0 BUILDING-Documents prepared by SchenkelShultz
UNIT QTY COST TOTAL
Concrete LS 1 $443,871.34 $ 443,871.34
Site Assessment(includes Surveying,Material Testing,Pest Control) LS 1 $35,999.30 $ 35,999.30
Metal Building System(includes all building components,doors) LS 1 $1,125,626.04 $ 1,125,626.04
Plumbing LS 1 $20,072.01 $ 20,072.01
HVAC LS 1 $177,596.54 $ 177,596.54
Electrical(including charging stations) LS 1 $123,347.99 $ 123,347.99
Data/Telecommunications/Security LS 1 $59,998.83 $ 59,998.83
BUILDING-TOTAL I$ 1,986,512.05 I
5.0 OWNER'S ALLOWANCE* I$ 165,000.00 I
TOTAL BID I$ 3,063,009.41 I
*Owner's Allowance is for Owner Use as Directed.This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as
directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the
Allowance. Expenditures of Owner's Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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FORM.I,-BID RES ,QNS ,? QRM
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BULK AIRCRAFT HANGAR AT MARCO ISLAND EXECUTIVE AIRPORT
BID NO.23-8120
Full Name of Bidder DEC Contracting Group,Inc.
Main Business Address 1560 Matthew Drive,Ste.B
Place of Business Ft.Myers,FL 33907
Telephone No. 239-332-4322 Fax No. 239-332-0180
State Contractor's License# CGC1526430
State of Florida Certificate of Authority Document Number P14000020944
Federal Tax Identification Number 46-4934701
DUNS# 079391270 CCR# Cage Code 74UA6
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
(hereinafter called the Owner)
The undersigned,as Bidder declares that the only person or parties interested in this Bid as principals are those named
herein,that this Bid is submitted without collusion with any other person,firm,or corporation;that it has carefully
examined the location of the proposed Work,the proposed form of Agreement and all other Contract Documents and
Bonds,and the Contract Drawings and Specifications.
Bidder proposes and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding
Documents,to provide all necessary machinery,tools, apparatus, and other means of construction, including utility
and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of
the Owner as therein set forth,furnish the Contractor's Bonds and Insurance specified in the General Conditions of
the Contract,and to do all other things required of the Contractor by the Contract Documents,and that it will take full
payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points,and in the case where further decimal points
are inadvertently provided,rounding to two decimal points will be conducted by Procurement Services Division
staff.
Upon notification that its Bid has been awarded,the Successful Bidder will execute the Agreement form attached to
the Bidding Documents within ten(10)calendar days and deliver the Surety Bond or Bonds and Insurance Certificates
as required by the Contract Documents.The bid security attached is to become the property of the Owner in the event
the Agreement,Insurance Certificates,and Bonds are not executed and delivered to Owner within the time above set
forth,as liquidated damages,for the delay and additional expense to the Owner,it being recognized that,since time
is of the essence,Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement,Insurance Certificates and Bonds within the required time period. In the event of such failure,
the total amount of Owner's damages,will be difficult,if not impossible,to definitely ascertain and quantify. It is
hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the
event it fails to execute and deliver the Agreement,Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the
Construction Solicitation Doc rev 04152022 CAO
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 Authorized Agent
,, ' /Wit,
Signature
Title: Vice President
Date: May 23,2023
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FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
BULK AIRCRAFT HANGAR AT MARCO ISLAND EXECUTIVE AIRPORT
BID NO.23-8120
Name Personnel Category
Brad Ninkovich Construction Superintendent
Erika Bodenstein Project Manager
Construction Solicitation Doc rev 04152022
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 DEC Contracting Group,Inc.
�
Signature + , . Date; May 23,2023
Section B(Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
I.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature: Date
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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 Whidden Electric Inc.-Lehigh Acres,FL
2. Mechanical Breezy Cool-Delray Beach,FL
3. Plumbing Indigo Plumbing-Ft.Myers,FL
4. Site Work B-Rock Solid-Ft.Myers,FL
5. Identify other subcontractors Trident Building Systems-
that represent more than 10% Sarasota,FL
of price or that affect the
critical path of the schedule.
Company: DEC Contracting Group,Inc.
Date: May 23,2023
Signature:e
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FORM 5 STATEMENT OF EXPERIENCE OF BIDDER Y'''
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.
Key West by the Sea,Bldg.A,Phase 2 Monroe County BOCC
(project name) (project owner)
Key West,FL 110 Simonton Street,Key West,FL 33040
(project location) (Owner's address)
_Residential Sound Insulation Program Dale Griffin Construction Manager
(project description) (Owner's contact person) (title)
09/2021 -05/2022 $ 3,814,607.91 407-456-2443 _d.griffin@thcinc.net
(project start/completion dates) (contract value) (phone)
2.
Hodges University Hodges University,Inc.
(project name) (project owner)
4501 Colonial Blvd.,Ft.Myers,FL 33966 2647 Professional Circle,Naples,FL 34119
(project location) (Owner's address)
Health Sciences Building Alterations Skip Camp Facilities Director
(project description) (Owner's contact person) (title)
11/01/2019-05/28/2020 $ 1,665,632 239-938-7700 scamp@hodges.edu
(project start/completion dates) (contract value) (phone) (email)
3.
RCMA Phase 1 and Phase 2 Redlands Christian Migrant Association
(project name) (project owner)
Immokalee,FL 402 W.Main St.,Immokalee,FL 34142
(project location) (Owner's address)
ICS 3rd Floor Renovations&Interior Alterations Mike Facundo Architect
(project description) (Owner's contact person) (title)
10/2021-01/2023 $ 795,257 239-658-3560 mike@hfarchitects.net
(project start/completion dates) (contract value) (phone) (email)
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FORM 5-STATEMENT OF EXPERIENCE OF BIDDER
4.
_Gateway Sludge Loading Lee County BOCC —
(project name) (project owner)
LeeCounty Florida 2.120 Main St.,Ft.Myers,FL 33901
(project location) (Owner's address)
Pre-Engineer Metal Bldg.for Sludge Loading Ross Hackethal Professional Engineer
(project description) (Owner's contact person) (title)
03/2022 $ 369,995 /39-206-5095 rhackethal@dnnp.com
drmp.com
(project completion elate) (contract value) (phone) (email)
5,
Mariner Middle School School Board of Lee County Florida
(project name) (project owner)
Cape Coral.FL 3308 Canal Street,Ft.Myers,FL 33916
(project location) (Owner's address)
Single Point Entry Matthew Burbach Project Manager
(project description) (Owner's contact person) (title)
11/2022 $ 126,965.22 239-479-4207 matthewbut2leeschools.net
(project completion date) (contract value) (phone) (email)
Company: itr gig Grr .0 rc, ,,
Signature: , . , t Date: May 23,2023
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L FORM 6-TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida
Trench Safety Act(90-96,Laws of Florida)effective October 1, 1990.'The Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended Cost
Measure Measure (Quantity) Cost
(Description) (LF,SY)
1. N/A N/A N/A N/A N/A
2.
3.
4.
5.
TOTAL $
Company: DEC Contracting Group,Inc.
Signature: [kitt3 "
Date: May 23,2023
Construction Solicitation Doc rev 04152022
CAO
FORM 7 •BID BOND
THIS FORM MUST BE COMPLETED OR BID MAY BED EEMED NON-RESPONSIVE/NON-
RESPONISBLE
KNOW ALL MEN BY THESE PRESENTS, that we DEC Contracting Group,Inc. _
(herein after called the Principal) and
The Ohio Casualty Insurance Company , (herein called the Surety), a corporation chartered and
existing under the laws of the State of New Hampshire with its principal offices in the city of Mahwah,NJ
and authorized to do business in the State of Florida are held and firmly bound unto the
Collier County Procurement .__..... (hereinafter called the Owner),in the full and just sum.
of Five Percent of the Amount Bid dollars($ 5% )good and lawful money of
the United States of America,to be paid upon demand of the Owner,to which payment well and truly to he 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.
23-8120 Bulk Aircraft Hangar at Marco Island Executive 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$ A'mo.7eais°vi` noted above _
as liquidated damages,and not as a penalty,as provided in the Bidding Documents,then this obligation shall be m411 and': 1
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
91h day of May ,20 23
Principal*;
DEC Contr Group,Inc.
il /21rer . (Seal) •
BY A., ., i )
Surety'
The Ohio Casualty Insurance.Company I
1 f' (Seal)
Cheryl R.Coleman, ttorney in-Fact
Countersigned N/A PPP
Appointed Producing Agent for The Ohio Casualty Insurance Company
CAO
CONSENT OF U .ETY
KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of$1.00
lawful money of the United States of America, the receipt whereof is hereby acknowledged,paid
the undersigned corporation, and for other valuable consideration The Ohio Casualty Insurance
Company, incorporated organized and existing under the laws of the State of New Hampshire
and licensed to do business in the State of Florida,certified and agrees, that if the contract for
the Collier County Procurement, FL—Bid No.23-8120 Bulk Aircraft Hangar at Marco
Island Executive Airport is awarded to DEC Contracting Group,Inc.,the undersigned
Corporation will execute the bond or bonds as required of the contract documents and will
become Surety in the full amount set forth in the contract documents for the faithful performance
of all obligations of the Contractor.
Signed and sealed this 96 day of May 2023.
The Ohio Casualty Insurance Company
By: f, .. a
Cheryl R. oleman, Attorney-in-Fact
Witness:
Zachary Rosenthal, As to Surety
CAO
CORPORATE ACKNOWLEDGMENT
State of-A 4, 5. ...
County of " ;
On this 9th day of May 2023, before me personally came
' K; , Alt.c-\( , to me known, who being by me duly sworn, did
depose and say that he/she is the VAT M9.
\ 5, �' :. of
DEC Contracting Group, Inc. corporation described in and which executed the
above instrument; that he/she knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation and that he/she signed his/her name
thereto by like order.
My commission expires '`: ;` A. s" 1 , .-\k.-),.. ,w
Notary Public
a •�•••. DORIAN MCCLAIN
,,>'.,a Co mnnissbn#HH 273324
'fiof Flogs Expires June 7,2026
CAO
SURETY ACKNOWLEDGMENT
State of New Jersey
County of Middlesex
On this 9th day of May 2023
Before me personally came Cheryl R. Coleman to me known, who being by me duly
sworn, did depose and say that he/she is an Attorney-in-Fact of
The Ohio Casualty Insurance Company the corporation described in and which
executed the within instrument; that he/she knows the corporate seal of said
corporation; that the seal affixed to the within instrument is such corporate seal, and that
he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by
authority of the Board of Directors of said corporation and by authority of this office
under the Standing Resolutions thereof.
SUSAN A.LOJO �
My commission expires
My Commission Expires 11rJ12027
CN°
This Power of Attorney limits the acts of those named herein,and they have no authority to
sr bind the Company except in the manner and to the extent herein stated.
.V.ii, Liberty Liberty Mutual Insurance Company
f ` Mutual:., The Ohio Casualty Insurance Company Certificate No: 8206800-969516
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl R.
Coleman;Marc J.Michalewsky;Mary J.D'Amato;Sandra A.Pace;Thomas True;Zachary J.Rosenthal
all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 11 th day of November , 2021 .
Liberty Mutual Insurance Company
\NSUR �'i INSU P\NSUR4 The Ohio Casualty Insurance Company
A.▪ 3°opPO�rl'4, r`°5POR`'%'Tyn cr Pi°aPOR'Toy� West American Insurance Company
• 1912 a 1919 la f 1991 o 41/7"---16e' `�o sd 9SSq CHU`'�da� ZpZ HAIAPS���a�O •( �'1'OIANP da3c ""7 * >•.' 'yl * 0 s''M ' tia By David M.Carey,Assistant Secretary to — 5
:o CO State of PENNSYLVANIA g E
a) m County of MONTGOMERY ss o
0 On this I I th day of November , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3 2
o ro Company,The Ohio Casualty Company,and West American insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes>•—Ud
• therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ,
m
a_ IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. n
�O
to yP PAST
O s°ti wr F Commonwealth of Pennsylvania-Notary Seal N
co 0
r.' ^ F��,(( Teresa Pastella,Notary Public /G�2!LC-(mot-Q-� x_ f0
ai p ry�°A ? y Montgomery County O .
OF My commission expires March 28,2025 By; e
to Commission number 1126044 Q O
e @ ;z eresa Pastella,Notary Public ,�
.(•b Nyy�NP�`p Member.Pennsylvania Association of Notaries p O
ce .05
m `
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual 00o
U.- Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: d
ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o 0
22 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the v
'o T President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m—
To U
� any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall�
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a)
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the LL a
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Cerattoificate ofrneys-in-
fact may be necessary to act on esignation—The President
of the Company to make,execute,seal,acknowledge and deliver aashsurety any orizes land d M.all
undertakings rey,Assistant
recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of e
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9th day of May , 2023
\NSU \,-(V INS0 d INS u4,4
jP`OµPoa�qy� yJPooaPORgr�.yy 4P=OµPORg,40
r Fom er on a
1912 0 1919 f 1991 o144K411.4t---
-,- o
: m o
a
d'sSgCFUg��aa3 Z°�`itoos ya3 '�s Avolot, ADS By:Renee C.Llewellyn,Assistant Secretary
''9j7 * ?� 'yl : to 'M + 1•�
LMS-12873 LMIC OCIC WAIC Multi Co O2121
CA®
Liberty THE OHIO CASUALTY INSURANCE COMPANY
Gl
MutuaL FINANCIAL STATEMENT—DECEMBER 31,2021
SURETY
Assets Liabilities
Cash and Bank Deposits $134,628,410 Unearned Premiums $1,457,114,535
*Bonds—US Government 1,015,453,874 Reserve for Claims and Claims Expense 4,044,665,363
*Other Bonds 4,501,743,412 Funds Held Under Reinsurance Treaties 0
Reserve for Dividends to Policyholders 276,207
*Stocks 268,876,063 Additional Statutory Reserve 0
Real Estate 0 Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums 812,483,102 Other Liabilities 460,636,079
Total $5,962,692,184
Accrued Interest and Rents 33,044,141
Special Surplus Funds $ 28,510,778
Other Admitted Assets 1,691,401,219 Capital Stock 4,500,000
Paid in Surplus 738,183,897
Unassigned Surplus 1,730,043,502
Total Admitted Assets S8,463,930,361 Surplus to Policyholders 2,501,238,177
Total Liabilities and Surplus S8,463,930,361
P`SV INst,
�ey�olmoq��oti�n * Bonds are stated at amortized or investment value;Stocks at Association Market Values.
1919 3 The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial
tif2�°HnmeSs�T=
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 31,2021,to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington,this 8'day of
March,2022.
Assistant Secretary
5-12620CIC/a 3/22
CAD
FORM 8-INSURANCE AND BONDING REQUIREMENTS
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in FORM 8 of this solicitation. The Vendor shall procure
and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant,Subcontractors,agents,and employees of each and all of them,all damages covered by property insurance
provided herein,except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,
where appropriate,require similar waivers of subrogation from the County's separate Vendors,Design Consultants
and Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf
of Collier County",or the specific solicitation number and title.
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County,Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a
severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance
must state the Contract Number,or Project Number,or specific Project description,or must read: For any and all
work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 with
the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-
insured retentions or deductibles under any of the below-listed minimum required coverage,Vendor must identify on
the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Vendor's sole responsibility.
Coverages)shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County,in a like manner,within twenty-four(24)hours after receipt,of any notices of expiration,cancellation,non-
renewal or material change in coverage or limits received by Vendor from its insurer,and nothing contained herein
shall relieve Vendor of this requirement to provide notice.In the event of a reduction in the aggregate limit of any
policy to be provided by Vendor hereunder,Vendor shall immediately take steps to have the aggregate limit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverages)required herein,the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverages)and charge the Vendor for such
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 coverageL.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.
CA®
Collier County Florida
Insurance and Bonding Requirements
Insurance I Bond Type Required Limits
1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers'Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required.Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption.An application for exemption
can be obtained online at https://apps.fldfs.comfbocexempt/
2. ®Employer's Liability $_1,000,000 single limit per occurrence
3. 1Z1 Commercial General Bodily Injury and Property Damage
Liability(Occurrence
Form)patterned after the $_I,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 Contractor/Vendor shall
defend,indemnify and hold harmless Collier County,its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,
recklessness,or intentionally wrongful conduct of the Contractor/Vendor or anyone
employed or utilized by the Contractor/Vendor in the performance of this Agreement.
5. ►1 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:
0 United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
❑Pollution $ Per Occurrence
Q Professional Liability $ Per claim&in the aggregate
®Excess Coverage/Umbrella $3,000,000 Per Occurrence
0 Valuable Papers Insurance $ Per Occurrence
Q Cyber Liability $ Per Occurrence
❑Technolo; Errors&Omissions $ Per Occurrence
CAO
7. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'
check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or
proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made
payable to the Collier County Board of County Commissioners on a bank or trust
company located in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
8. ®Performance and For projects in excess of$200,000, bonds shall be submitted with the executed
Payment Bonds contract by Proposers receiving award,and written for 100%of the Contract award
amount, the cost borne by the Proposer receiving an award. The Performance and
Payment Bonds shall be underwritten by a surety authorized to do business in the
State of Florida and otherwise acceptable to Owner;provided, however, the surety
shall be rated as "A-" or better as to general policy holders rating and Class V or
higher rating as to financial size category and the amount required shall not exceed
5%of the reported policy holders' surplus, all as reported in the most current Best
Key Rating Guide,published by A.M.Best Company,Inc.of 75 Fulton Street,New
York,New York 10038.
9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
10. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.This insurance shall be primary and non-contributory with respect to any other
insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be
endorsed accordingly.
11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates
of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For
any and all work performed on behalf of Collier County.
12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295
Tamiami Trail East,Naples,FL 34112
13. ® Thirty(30)Days Cancellation Notice required.
14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed
necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor.
Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division.
GG—3/20/23
Vendor's Insurance Acceptance
By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that
the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance
submitted must provide coverage for a minimum of six(6)months from the date of award.
CAO
Co ler County
Procurement Services Division
FORM 9—coNFLicr 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:
I. All documents produced as a result of the work completed in the past or currently being worked on for the above-
mentioned project;and,
2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-
public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three categories above be
identified,may result in the disqualification for future solicitations affiliated with the above-referenced project(s).
By the signature below,the firm(employees,officers and/or agents)certifies,and hereby discloses,that,to the best
of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity
(financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully
disclosed and does not pose an organizational conflict.
DEC Contracting Group,Inc. _
Company Name
e-
' / jti: „ c 1 ---'_,
,.
Signature
Erika Bodenstein,Vice President
Print Name and Title
State of Florida
County of Lee
The foregoing instrument was acknowledged before me by means of physic 1 pre§encee or line notarization,
this % day of (month),, (year),b)C, . I�' cJ ki ` (name
of person acknowledging). (..
i I(t t"Y
4:` `;\1 .O.N `'.,.J N,rx,0 ,,,.
(Signature of Notary Public-State of Florida)
„_„_........_._ (Print,Type,or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification YPr
•••°
.ro G,. ,. DORIAN MCCLAIN
Type of Identification Produced * * Cornmlealoa#HH 273324
' for AS hxplroa June 7,2626
CAO
Go ler 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 wilt 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 23 day of May ,20 23in
the County of Lee ,in the State of Florida
Firm's Legal DEC Contracting Grout,.Inc.
Name:
Address: 1560 Matthew Drive Ste.R
City,State,Zip Ft Myers Fl. 33907
Code:
Florida P14000020944
Certificate of
Authority
Document
Number
Federal Tax
Identification
Number 46-4934701
*CCR#or
CAGE Code Cage Code 74UA6
*Only if Grant
Funded
Telephone: 23(-332-4322
Email: erikandeccontractin2.cam
Signature by: Erika Roden Stet nr/Rt -°'�
(Typed and
written)
Title: Vice President
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 Douglas R.Masch II
this Solicitation:
Email: doug Ideccontracting.com
Phone: 239-332-4322
CAO
O lei" 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§448.095,and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and
to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of
the Vendor's proposal/bid.
DEC Contracting Group,Inc.
Company Name
Signatrl .e
Erika Bodenstein,Vice President
Print Name and Title
State of Florida
County of Lee
The foregoing instrument was acknowledged before me by means of .hysicaf prese ice or El,online notarization,
this;- - day of . (month),c ( l (year),b f).i k .s'(''`.+,..,:y w` . - ``, (name
of person acknowledging).
(Signature of Notary Public-State of Florida)
(Print,Type,or Stamp Commissioned Name of Notary Public)
F' Personally Known', OR Produced Identification
O P.. DORIAN MCCLAIN
Type of -'} * Commission#HH27S32$
T
YP o,�oF'�yo„i` Expires June 7,2026
CAD
FORM 12-BIDDERS CHECKLIST
IMPORTANT: No bid shall be considered unless it is made on unaltered Bid forms which are included in the
Bidding Documents.Please read carefully,sign in the spaces indicated,and return with your Bid. FAILURE
TO PROVIDE THE BID DOCUMENTS MAY BE GROUNDS TO DEEM YOU NON-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 online standard documents have been reviewed and accepted in BidSync:
a. Construction bid instructions form
b. Construction services agreement
c. Purchase order terms and conditions
8. All of the following bid forms have been completed and signed:
a. Bid Form(Form 1)
b. Contractors Key Personnel(Form 2)
c. Material Manufacturers(Form 3)
d. List of Major Subcontractors(Form 4)
e. Statement of Experience(Form 5)
f. Trench Safety Act(Form 6)
g. Bid Bond Form(Form 7)
h. Insurance and Bonding Requirements(Form 8)
i. Conflict of Interest Affidavit(Form 9)
j. Vendor Declaration Statement(Form 10)
k. Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your
submittal.
1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and
should be included with your submittal.
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 the State of Florida(sunbiz.org)
d. Any required professional licenses—valid and current(myfloridalicense.com)
(i.e.,General Contractor's license,Underground Utility,and Excavation,Builders,
Trade Contractors,etc.,as applicable,requested,and/or required.)
e. Vendor W-9 Form
10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been
submitted.
11. Any addenda have been signed and acknowledgement form is attached and included.
12. The Bid will be uploaded in time to be received no later than the specified opening date and time,otherwise,
the Bid cannot be considered.
CA-0
Email: matthew.catoe@colliercountyfl.gov
colliercountyfl.gov
Co Aer County Telephone: (239)252-6098
Procurement Services Division
Addendum#1
Date: April 27,2023
From: Matthew Catoe,Procurement Strategist
To: Interested Bidders
Subject: Addendum #1 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive
Airport(MKY)
The following clarifications are issued as an addendum:
Change 1:
Addition:Marco Island Executive Airport Bulk Hangar Construction Documents-Door
Hardware Set shown below per question 1.
If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
referenced solicitation.
"" 49/Vir
May 23, 2023
(S nature)
Date
DEC Contracting Group,Inc.
(Name of Firm)
CAO
Marco Island Executive Airport Bulk Hangar
Construction Documents
DOOR HARDWARE SET
Doors: 101A, 101B, 101C, 101D
Description: EXTERIOR EXIT DEVICE W/CARD ACCESS
3 Hinge, Full Mortise, Hvy Wt T4A3386 NRP US32D MK
1 Rim Exit Device 7150 WS B MELR M0626F 630 YA
1 Cylinder UL 437 Medeco 26 MC
1 Surface Closer UN14400 689 YA
1 Kick Plate K1050 8"x LAR US32D RO
1 Threshold 2005AT PE
1 Gasketing 303AS PE
1 Rain Guard 346C PE
1 Sweep 315CN PE
1 ElectroLynx Harness(hinge) QC-CxxxP MK
1 ElectroLynx Harness(to ceiling) QC-C1500P MK
1 Position Switch DPS-M-BK SU
1 Power Supply AQD Series as Required SU
1 Electric Power Transfer EL-CEPT SU
Notes: Door is normally closed and locked.
When presented with valid credentials,reader activates latch retraction.
During power failure or fire alarm, door remains locked (fail secure).
REX switch within exit device allows free egress at all times.
All exterior doors on this project shall meet FBC standards for windstorm.The door hardware specified is
listed as a basis of design. If alternate hardware is proposed, please provide third-party test results and
compliance information to architect.
#2022711
DOOR HARDWARE 08 71 00-19 @SCHENKELSHULTZ 02/03/23
CAO
Email: matthew.catoe@colliercountyfl.gov
o ier Comity Telephone:(239)252-6098
Procurement Services Division
Addendum#2
Date: May 2,2023
From: Matthew Catoe, Procurement Strategist
To: Interested Bidders
Subject: Addendum#2 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive
Airport(MKY)
The following clarifications are issued as an addendum:
Change 1:Revise 23-8120 Exhibit J Specifications—3.1.D.1 Painting
Addition:
1.All structural steel members shall be cleaned free of oil,dirt,rust, loose scale and foreign
matter prior to painting meeting a SSPC.SP-10-85 near-white blast cleaning specification. SSPC-
6 can be utilized for the cleaning as an alternate to SSPC-10.
Change 2: Revise 23-8120 Exhibit J Specifications—Part 2 Products
Addition:
2.1 MANUFACTURERS
A.Manufacturers: Subject to compliance with requirements,provide products by one of
the following:
I.Chief Buildings;Chief Industries,Inc.
2.Mid-West Steel Building Company;an NCI company.
3.Nucor Building Systems;a Nucor company.
4.Trident Building Systems,Inc.
5.Varco-Pruden Buildings;a division of BlueScope Buildings North America,
Inc
6.ACI Building Systems
7.Vulcan Steel Structures,Inc.
If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
r ef need solicitation.
Reic/.il l .“.._
May 23,2023
(Signature) Date
DEC Contracting Group,Inc.
(Name of Firm)
CM)
Email: Kristofer.lopez@colliercountyfi.gov
Ca ler C01414tY Telephone:(239)252-6098
Procurement Services Division
Addendum #3
Date: May 4,2023
From: Kristofer.Lopez,Procurement Strategist
To: Interested Bidders
Subject: Addendum#3 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive
Airport(MKY)
The following clarifications are issued as an addendum:
Change 1: Revise 23-8120 Exhibit J Specifications—Part 2—Products
Addition:
SECTION 264113 -LIGHTNING PROTECTION SYSTEM
2.1 MANUFACTURERS
A.Thompson Lightning Protection,Inc.-Premium Line
B.Independent Protection Company, Inc.-Premium Line
C.Heary Bros.Lightning Protection-Premium Lines
D.Harger Lightning Protection,Inc. -Premium Line
E.Robbins Lightning,Inc.
2.Exhibit M 8 Boring Location Plan has been uploaded
3.Exhibit L Construction Stormwater Pollution Prevention Plan Template has been
uploaded
If you require additional information,please post a question on 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 solicitation.
May 23,2023
ignature) Date
DEC Contracting Group,Inc.
(Name of.Firm)
Email: Kristofer.lopez@collieroountyfl.gov
Co ier County Telephone: (239)252-6098
Procurement Services Division
Addendum#4
Date: May 8,2023
From: Kristofer Lopez,Procurement Strategist
To: Interested Bidders
Subject: Addendum#4 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive
Airport(MKY)
The following clarifications are issued as an addendum:
Change 1: " Bid ' ' + Art n �mz �� nn Bnn L ST
Now reads: Bid due date is May 23,2023 (►,3:00 PM EST
Change 2: •
Now reads: Question Answer Period ends Friday May 12,2023 a,5:00 PM EST
Change 3: Revised Bid Schedule has been uploaded: 23-8120 Bid Schedule Revised
4.23-8120 Exhibit L Geotech Report has been uploaded
5.23-8120 Exhibit M Existing Conditions& Demo Plans has been uploaded
If you require additional information, please post a question on our Bid Sync(www.bidsync.com)bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
ref r need solicitation.
' kr May 23,2023
(Signati . Date
DEC Contracting Group,Inc.
(Name of Firm)
CAO
Email rist fer.lopcz@colliercountyfl.gov
Co ler Comity Telephone: (239)252-6098
Prom ernc nt Service DNisi<AI
Addendum#5
Date: May 15,2023
From: Kristofer Lopez,Procurement Strategist
To: Interested Bidders
Subject: Addendum#5 Solicitation 23-8120 Bulk Aircraft.Hangar at Marco Island Executive
Airport(MKY)
The following clarifications are issued as an addendum:
Change 1: Pursuant to the information provided by the metal building manufacturers regarding
the unavailability of Florida Product Approvals related to the translucent roof panels shown and
called for on the Roof Plan (Sheet A151)and Reflected Ceiling Plan (Sheet A140),furnish and
install standard standing-seam trapezoidal-rib metal roof panels per the specifications,Section
13 3419,Article 2.5,in place of the translucent roof panels.Traditional skylights will not be
required.
Change 2:As Reads:
•
•
•
•
die
Now Reads: The Successful Bidder shall be required to finally complete all Work within three
hundred and sixty-six(366)calendar days from and after the Commencement Date specified in
the Notice to Proceed. The final completion days include substantial completion days of three
hundred and thirty-six(336)calendar days,with an additional thirty(30)calendar days to final
completion
Change 3: 23-8120 Solicitation Revised has been uploaded
If you require additional information,please post a question on our Bid Sync(ww-w-;bidsyuc.com)bidding
platform under the solicitation for this project.
Please sign below and return a copy of this Addendum with your submittal for the above
referenced solicitation.
,�-
"' May 23,2023
J.
(Signature) Date
CAO
DEC Contracting Group,Inc.
(Name of Firm)
CAO
EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
Name Personnel Category
Brad Ninkovich Construction Superintendent
Erika Bodenstein Project Manager
10
Construction Services Agreement:[2022_ver.4]
EXHIBIT B-1: PUBLIC PAYMENT BOND
Bond No. 015221337
Contract No. 23-8120
KNOW ALL MEN BY THESE PRESENTS: That DEC Contracting Group, Inc.
, as Principal, and
The Ohio Casualty Insurance Company , as Surety,
located at 1200 MacArthur Blvd., 3rd Floor, Mahwah, NJ 07430 (Business
Address) are held and firmly bound to The Board of County Commissioners of Collier County,Florida as Obligee in the
sum of Three Million Sixty-Three Thousand Nine and 41/100 Dollars ($3,063,009.41 ) 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 IL./ day of C.�'_d-ob 2r
20 U 3 , with Obligee for Bulk Aircraft Hangar at Marco Island Executive Airport-Bid#23-8120 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 of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 6th day of
September 2023 ,the name of each party being affixed and these presents duly signed
by its under-signed representative, pursuant to authority of its governing body.
11
Construction Services Agreement:[2022_ver.41
CAO
Signed, sealed and delivered
i presence of: PRINCIPAL
DEC Contracting Group. Inc.
BY: #
Witnesses as to Principa NAME: i0 mr i111ata
ITS: IlirraWagon • a
STATE OF Florida
COUNTY OF LGre,
ans o NQ physical presen a or ❑
The foregoing instrument was ackn ledged beforeo m by 0 ,� by
ne, ota tion, thisam . day
V,^ as
v'r corporation, on
of DEC Contracting Group. Inc. , a *toe �,n t� mn nR has produced
behalf of the corporation. He/she �s pg as identification and (did not)
take an oath.
My Commission Expires:
(Si natur Notary Public)
Pue<. REGINAL.DUNN NAME: t C1Q
r°,,•••. c commission#NH030505
Expires August 29,2024
(Legibly Printed)
N}9rfOFf�o4o $0°�71w8udgetNWarys�es
Notary Public, State pc by
(AFFIX OFFICIAL SEAL) Commission No.: Ct
ATTEST: SURETY:
The Ohio Casualty Irls rr I1ce C c mnansr
(Printed Name)
N/A
(Business Address
N/A
(Authorized Signature)
NIA
Witnesses to Surety
(Printed Name)
12
Construction Services Agreement:[2022_ver,41
CkO
OR
(,
s Attorne t _ -
(Attach Power of At orney)- - _; -
{
Cheryl R. Coleman, As to Surety Zachary J. Rosenthal, AttorneyAn-Fact
Witnesses (Printed Name)
1200 MacArthur Boulevard, 3rd Floor
Mahwah, NJ 07430
(Business Address)
201-236-4045
(Telephone Number)
STATE OF New Jersey
COUNTY OF Middlesex
The foregoing instrument was acknowledged before me by means of Vphysical presence or 0
online notarization, this 6th day of September , 2023 , by
Zachary J. Rosenthal , as Attorney-in-Fact
of The Ohio Casualty Insurance Company , a New Hampshire corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
N/A as identification and did (did not)
take an oath, /#1-i1l4a/Ut-E-1--
MyCommission Expires: (Signature of Notary Public)
CAROL McTARSNEY
Notary Pubic.State of New Jersey d_ek r /
Commission#0050098231 Name: �-U �
My Commission Expires 2/1/2024 (Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey
Commission No.:f J5-pQ gf',q3/
13
Construction Services Agreement:(2022_ver.41
CAO
AYThis 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.
i. % Liberty
Liberty Mutual Insurance Company
!'• ` Mutual® The Ohio Casualty Insurance Company Certificate No: 8206800-969516
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl R.
Coleman;Marc J.Michalewsky;Mary J.D'Amato;Sandra A.Pace;Thomas True;Zachary J.Rosenthal
all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 11th day of November , 2021 .
Liberty Mutual Insurance Company
LNsu, ,t' INs, %Nsufe The Ohio Casualty Insurance Company
P�011"111,- 'Yn c.; 011PORaT�y ot* 000f+4 4yo West American Insurance Company
3 °bco AQ3 `moo nL ii -t tco
vi ,.. ,0 q c 1919 1 yz ego aZ!1J �'8,00 Ab3' ds �NOIA ►' ,ab r t7) O
c °iI * 0 °'yl * 1-� "41 * l,� By: .5 u.
Co — David M.Carey,Assistant Secretary cr
to State of PENNSYLVANIA -- c
17
rn County of MONTGOMERY SS oo E
w D On this 11th day of November , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0as Doi
N Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >a
.ri) IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written.
•y
LQ./rG/i�pNtvE �� Commonwealth of Pennsylvania-Notary Seal
N O f o' 4t1 3' Teresa Pastella,Notary Public N
Zr Montgomery CountyE E
O OF Mc coy commission expires March 28,2025 By: O G)
L l\ �P Commission number 1126044
� LS4) Member Pennsylvania Association of Notaries ereSa Pastella,Notary Public Q O
fCD 0 6 a) AY P 'fr pO
i
cr
cm
4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 ciao
E•S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a
s_Y 01
ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `o 0
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the c co
President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m
o c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall o 3
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a
Zc. instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the co
i
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. li a
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 6th day of September , 2023 .
P,tNSUR4 P\11 INst, ,1NSUR4 •`• . -
�J 00084T y� yJ oePOR4r`qy `P4oNPOR4, y� may/y /�I _ r
1912 Q o 1919 Q t 1991 c ; ` - ` — -
/q 2 u O Q
YdJ. 4:4c..s ,aa yo�h'%I mp+a`p a r:s, 6A'OIANt' b By - -. - - - -
ej7 * 0 ,,yl * 0 ss��* ��a Renee C.Llewellyn,Assistant Secretaq _
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
sow THE OHIO CASUALTY INSURANCE COMPANY
'�`''• Liberty
► Mutual 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 624,259,230 Reserve for Claims and Claims Expense 4,472,582,937
*Other Bonds 4,696,075,391 Funds Held Under Reinsurance Treaties 0
*Stocks 123,765,396 Reserve for Dividends to Policyholders 220,687
Real Estate 0 Additional Statutory Reserve 0
Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums 936,691,175 Other Liabilities 510,304,288
Accrued Interest and Rents 40,821,253 Total $6,604,445,225
Other Admitted Assets 2,318,373,499
Special Surplus Funds $31,311,376
Total Admitted Assets S9,121.377.597
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 $9,121,377,597
,J pRvaRyTRyC`
�` �` * Bonds are stated at amortized or investment value;Stocks at Association Market Values.
?. 1919 2 The foregoing financial information is taken from The Ohio Casualty Insurance Company's
�yytiA�cSaQ 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.
IN 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
EXHIBIT B-2: PUBLIC PERFORMANCE BOND
Bond No. 015221337
Contract No. 23-8120
KNOW ALL MEN BY THESE PRESENTS: That DEC Contracting Group, Inc.
, as Principal, and The Ohio Casualty Insurance Company
as Surety, located at
1200 MacArthur Blvd., 3rd Floor, Mahwah, NJ 07430
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County, Florida, as Obligee in the sum of
Three Million Sixty-Three Thousand Nine and 41/100 Dollars
($3,063,009.41 )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 ( v day of
() --c1 20 `'-5 , with Obligee for
Bulk Aircraft Hangar at Marco Island Executive Airport- Bid#23-8120 in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses,damages,costs and attorneys'fees that Obligee sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages,whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract,then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety,for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or
the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 6th day of
September , 20 23 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
14
Construction Services Agreement:[2022_ver.4) CAO
Signed, sealed and delivere
i e resence of: PRINCIPAL
- L, - DEC Contr `nq Group. Inc.
BY: • �2 2
Witnesses as to Prin • -�p l
NAME: EY, 1 �J _ ' �✓"'
ITS: tr i
STATE OF Florida
COUNTY OF Le.0
The foregoing instrument was acknowledged before me by eans f L�1 physical presen a or ❑
9 9 2 OvZ by
ore , nt�o�ari ion, this day of
i 1�-U'- ��.�-� as P
of DEC Contracting Group. Inc_ , a rids't corporation, on
behalf of the corporation. He/sFi�,, ner;;nnalliy known to me OR has produced
as identification and ' { id not)
take an oath. i ,
My Commission Expires:
(Signat f Notary Public)
=otrRY P�s(c REGINA L DUNN '�Q� .��,/�n
Commission#HH 030505 Name: el►
Nor al �ot Expires August 29,2024 (Legibly Printed)
FOF F0) Bonded T %opt Notary Services
AFFIX OFFICIAL SEAL) Notary Public, State of: t r'�7✓ i
( Commission No.: t-t-1i a3D 505
15
Construction Services Agreement:(2022_ver.4)
CAO
ATTEST: SURETY:
The Ohio Casualty Insurance Company
(Printed Name)
1200 MacArthur Blvd.
3rd Floor -
Mahwah. NJ 07430
(Business Address) / - -
uthariz d gn,�'re)
0 . - t 4 Zachary J. Rosenthal, Attorney-In-Fact
Witnesses a o Surety (Printed Name)
Cheryl R. Coleman, As to Surety
OR
N/A
As Attorney in Fact
(Attach Power of Attorney)
N/A
Witnesses (Printed Name)
N/A
(Business Address)
201-236-4045
(Telephone Number)
STATE OF New Jersey
COUNTY OF Middlesex
The foregoing instrument was acknowledged before me by means of Vphysical presence or 0
online notarization, this 6th day of September 20 23 , by
Zachary J. Rosenthal , as Attorney-in-Fact
of The Ohio Casualty Insurance Company , a New Hampshire corporation, on
behalf of the corporation. He/she is personally known to me OR has produced
N/A as identification and did (did not)
take an oath. J•
�✓(j��/��, /J�1
My 1omm! jpfl L FMcv. fires'ARSNEY
ARO (Signatureat�! /of Notary Public) r \/
Mal Commission
State of5 New Jersey �j l�-G L 'G G 6 f/ /U I
CotmnLaslon 0050098231
My Commission Expires 2/1/2024 (Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: New Jersey
Commission No.:0n5-2104ficvt.3/
16
Construction services Agreement:[2022_ver.41
CAO
This Power of Attorney limits the acts of those named herein,and they have no authority to
or
!', bind the Company except in the manner and to the extent herein stated.
*V. % Liberty
Pill'
Liberty Mutual Insurance Company
!� ' Mutual® The Ohio Casualty Insurance Company Certificate No. 8206800-969516
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl R.
Coleman;Marc J.Michalewsky;Mary J.D'Amato;Sandra A.Pace;Thomas True;Zachary J.Rosenthal
all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 1 lth day of November , 2021 .
Liberty Mutual Insurance Company
Py tNS1J P�-t" INS P tt4suR9 The Ohio Casualty Insurance Company
�J ooRPOR4T yn o�`�0o�OF+ry .4P CPP°O,+4r'tom West American Insurance Company
▪ 2 FO •ro T ? S,n r FO to
• 1912 o 9_ Z1919� o s 1991 0 //�//. ciiE
d0 d8'4 CHuS Ab' yO N4MP5�`P a "Cs /NDIANP' ,da3 , •� C)
c 6'0 * 0 Att * 1,1- M * 1,� By: '3 is
CO David M.Carey,Assistant Secretary 0 w
v m State of PENNSYLVANIA ss • o
en County of MONTGOMERY o
w j On this 1 l th day of November , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3 a)
o To Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
11:), > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
(3N 13 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. ¢O D
ce
c•— p
o �yc PAS), �_
N O 4°. ew oNYJf's', fY Commonwealth
Pastella,Notary Public Notary Seal C (6
EOMontgomery County ite-IL
OF My commission expires March 28.2025 By: O N
C CO� P Commission number 1126044 Q
CD_ eresa Pastella,Notary Public
VP •p Member,Pennsylvania Association of Notaries H-
ci
• This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual 3 co
o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a co
O N ARTICLE IV—OFFICERS:Section 12.Power of Attorney. 8
o0
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the-6
:6 t President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m=
co> N any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c 3
O. have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a)
Z coi instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the aa,
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL n
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,_
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 6th day of September , 2023 . - -
iNSUR �tY INgU tNSU/� \`
?col P°R4,7.0 c,oaroiti/efy uP°°aPOA 44n
J 3 Fo 0Q a Fo r mo F _ _
• 1912 0 1919 1991 0 `' -
d�• s`44CHUg��.da y sip
,.MP5s`, b •! ,NDIANP a By: ^ —� -
e/T * l,** 4)ki * >,.a sM * ��d Renee C.Llewellyn,Assistant Se�etay- ,-
LMS-12873 LMIC OCIC WAIC Multi Co 02/21 - _ -
THE OHIO CASUALTY INSURANCE COMPANY
Liberty
roe Mutual, 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 624,259,230 Reserve for Claims and Claims Expense 4,472,582,937
*Other Bonds 4,696,075,391 Funds Held Under Reinsurance Treaties 0
*Stocks 123,765,396 Reserve for Dividends to Policyholders 220,687
Real Estate 0 Additional Statutory Reserve 0
Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums 936,691,175 Other Liabilities 510,304,288
Accrued Interest and Rents 40,821,253 Total $6,604,445,225
Other Admitted Assets 2,318,373,499 Special Surplus Funds $31,311,376
Total Admitted Assets 59.121.377,597
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 59,121.377,597
(.�AFOR4l'yC'
Bonds are stated at amortized or investment value;Stocks at Association Market Values.
1919 I The foregoing financial information is taken from The Ohio Casualty Insurance Company's
I
``kHAmc4'� 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.
IN 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
EXHIBIT B-3: INSURANCE REQUIREMENTS
The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The
Contractor shall procure and maintain property insurance upon the entire project, if required, to the full
insurable value of the scope of work.
The County and the Contractor waive against each other and the County's separate Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's
separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar
waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County", or, the specific solicitation number/contract number and title.
The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and
shall contain a severability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read:
For any and all work performed on behalf of Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT
B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor
has any self-insured retentions or deductibles under any of the below listed minimum required coverage,
Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions
or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured
retentions or deductibles will be Contractor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer and
nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge
the Contractor for such coverage(s) purchased. If Contractor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
17
Construction Services Agreement:[2022_ver.4]
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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.
18
Construction Services Agreement:[2022_ver.4]
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EXHIBIT C: RELEASE AND AFFIDAVIT FORM
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
Before me,the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors, material-
men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the
Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between
Contractor and Owner, dated ,20 for the period from to
.This partial waiver and release is conditioned upon payment of the consideration described above.
It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against
any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify,defend and save harmless Owner from all demands or suits,actions,claims of liens or other
charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release
and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's[monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS: President
DATE:
Witness
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this
day of
20 by as
of a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not)take an oath.
My Commission Expires:
(Signature of Notary Public)
NAME:
(Legibly Printed)
Notary Public, State of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
19
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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 Bid No.
Manager's Name: Project No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Representative: Name
Contractor's Name & Payment Application No.
Address:
Original Contract Time: Original Contract Price: $
Revised Contract Time: Total Change Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed & $
Stored to Date:
Retainage @5% through $ Retainage @ 5% through [Insert $
[Insert Date] date]
Retainage @ % $ Less Retainage $
after[Insert date]
Total Earned Less Retainage $
Less previous payment(s)
Percent Work Completed % AMOUNT DUE THIS $
to Date: APPLICATION:
Percent Contract Time
Completed to Date:
Liquidated Damages to $ Remaining Contract Balance $
Be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION:
The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is
now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date:
Type Title: Shall be signed by an authorized
representative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Design Professional's Name:
Signature: Date:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by:
Owner's Project Manager
Name:
Signature: Date:
20
Construction Services Agreement:[2022_ver.4]
C.0 A.;')
EXHIBIT D(Continued) SCHEDULE OF VALUES
Project Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 5% _% TOTAL
NUMBER VALUE MATERIALS COMPLtitW COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS &STORED (reduced rate) WITHHELD
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
•Explanation for the two columns under Previous Applications:The Thru Date is where you will place all information until the contract is complete unless a release or reduction of
retainage issue comes into play. If this happens,all information up to the date of the%change in retainage is placed in the Thru Date column. Information after that date is placed
in the Since Date column.This states what has happened since the change in retainage.
21
Construction Services Agreement:[2022_ver.4]
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Exhibit D
(Continued)
Stored Materials Record
Formula: A+B-C- D= E
A B C D E
Balance
Invoice Previously Received Previously Installed To
Date Description Supplier Number Received This Period Installed This Period Install
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EXHIBIT E: CHANGE ORDER
Procurement Services
Co IL'► „f? yt(y Change Order Form
E Contract Modification ❑Work Order Modification
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Contract/Project:
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 Contract/Work Order Amount SAP Contract Expiration Date(Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/01 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 Date T Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) E Delete task(s) E Change task(s) ❑Other
Provide a response to the following:1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or
the additional days added(if requested);2.)why this change was not included in the original contract;and,3.) describe the impact
if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same
terms and conditions as contained in the contract/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 settlement of any and all claims of the Contractor/Vendor/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/Vendor/Consultant/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)
vv v£d 01,1 t i02i Dity riri who may rcvfi;zi e aduei ono,ttivatuities may waidude cr,.:epasut:e Sheet.) EPRO" art.t.r
,UFtt'+�ri6[bSE
23
Construction Services Agreement:[2022_ver.4]
Change Order/Amendment Summary
COST TIME
CO# AMD# Description Additive Deductive Days New Justification
u u Added Amount
(��'ia 0!.LREf�NT if SE ONLY i
stir¢d.i}�:`t4?CJ?i t7isans;v#v may requrc aCdstjca3 s gnatue ma'?it l aka or c.Fp as to Q!et.j
I - i .. .......
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Construction Services Agreement:[2022_ver.41
Ch°
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR:
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified
parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use.The Work to which this Certificate applies has been inspected by authorized representatives
of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially
complete in accordance with the requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES:
25
Construction Services Agreement:[2022_ver.4]
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on , 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on , 20
OWNER
By:
Type Name and Title
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EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Project No.: PO No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one-year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor: (Company Name)
(Signature)
(Typed Name &Title)
By Design
Professional: (Firm Name)
(Signature)
(Typed Name &Title)
By Owner: (Department Name)
(Signature)
(Name &Title)
27
Construction Services Agreement:[2022_ver.4]
v
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended to serve as shop drawings. Specifications are separated into divisions for convenience
of reference only and shall not be interpreted as establishing divisions for the Work, trades,
subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the
drawings, specifications or other Contract Document provisions, Contractor shall be required to
comply with the provision which is the more restrictive or stringent requirement upon the Contractor,
as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts,
screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation shall be
furnished and installed as part of the Work, whether or not called for by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning the nature and location of the Work and the general and local conditions, and particularly,
but without limitation, with respect to the following: those affecting transportation, access, disposal,
handling and storage of materials; availability and quality of labor; water and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the
Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
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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
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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 "'aches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-
compliance with the Contract Documents. The Project Manager may nullify the whole or any part of
any approval for payment previously issued and Owner may withhold any payments otherwise due
Contractor under this Agreement or any other agreement between Owner and Contractor, to such
extent as may be necessary in the Owner's opinion to protect it from loss because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors
or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Provided however, in the event of an
emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying
the situation at Contractor's expense. Owner also may offset against any sums due Contractor the
amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or
arising out of this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to
satisfy these debts, the County reserves the right to off-set the amount owed to the County by
applying the amount owed to the vendor or contractor for services performed of for materials
delivered in association with a contract.
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 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Project Manager for acceptance thereof, certifying that the proposed
substitute shall adequately perform the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that
specified. The application shall state that the evaluation and acceptance of the proposed substitute
will not prejudice Contractor's achievement of substantial completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an itemized
estimate of all costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of which shall
be considered by the Project Manager in evaluating the proposed substitute. The Project Manager
may require Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, Contractor may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to the Project Manager, if
Contractor submits sufficient information to allow the Project Manager to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Project Manager shall be the same as those provided
herein for substitute materials and equipment.
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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: PublicRecordRequest(a�colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
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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/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-Verify
evidence and the executed affidavit the bidder's/Contractor's proposal may be deemed non-
responsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended
and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements,
curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the
Contract Documents to be removed or altered, shall be protected by Contractor from damage during
the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged
shall be restored by Contractor to the condition equal to that existing at the time of Contractor's
commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in
writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein,
without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement
or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor
all of the obligations and responsibilities that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work through an
internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier
County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to
deliver internal budget transfer documents to applicable Collier County agencies when the
Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by
Subcontractors.
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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.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract Documents.
Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall be subject to Owner's approval and not be replaced without prior written
notice to Project Manager except under extraordinary circumstances. The superintendent shall be
employed by the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent shall be as
binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1
is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior written
approval, and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply
with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's
monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project
supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages
described in Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or any one for whom
Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and
any moneys necessary to replace such loss or damage shall be deducted from any amounts due
Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional
with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor
is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall
immediately notify Project Manager and Design Professional. The Owner or Design Professional
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shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner
associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor,without special instruction or authorization
from Owner or Design Professional is obligated to act to prevent threatened 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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fry iA�"
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.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All
employees of Contractor, as well as those of all subcontractors and those of any other person or
entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not
possess or be under the influence of any such substances while on any Owner property. Further,
Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of
any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located
upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the
following:
28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor. Such
identification badge must be prominently displayed on the outside of the Employees' clothing at all
times. All Employees working at the Project site must log in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas and
shall not permit any Employees to enter any other portions of Owner's property without Owner's
expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other materials
upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other
office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with respect
to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct
and facility regulations issued by Owner's officials onsite, as said regulations may be changed from
time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress
and egress points identified in the site utilization plan approved by Owner or as otherwise designated,
from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or personal
property therein;
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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.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT")
policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the
Work or portions thereof,which are applicable during the performance of the Work. No markup shall
be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner,
Contractor shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
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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 sales 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/Delivery Logs
34.1.5 Contract Drawings and Specifications with Addenda
34.1.6 Warranties and Guarantees
34.1.7 Cost Accounting Records
34.1.8 Labor Costs
34.1.9 Material Costs
34.1.10 Equipment Costs
34.1.11 Cost Proposal Request
34.1.12 Payment Request Records
34.1.13 Meeting Minutes
34.1.14 Cost-Estimates
34.1.15 Bulletin Quotations
34.1.16 Lab Test Reports
34.1.17 Insurance Certificates and Bonds
34.1.18 Contract Changes
34.1.19 Permits
34.1.20 Material Purchase Delivery Logs
34.1.21 Technical Standards
34.1.22 Design Handbooks
34.1.23 "As-Built" Marked Prints
34.1.24 Operating & Maintenance Instruction
34.1.25 Daily Progress Reports
34.1.26 Monthly Progress Reports
34.1.27 Correspondence Files
34.1.28 Transmittal Records
34.1.29 Inspection Reports
34.1.30 Punch Lists
34.1.31 PMIS Schedule and Updates
34.1.32 Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design Professional or their
designees for reference, review or copying.
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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-FMOPS@colliercountyfl.gov)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 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD)
prior to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing/will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing hazardous
materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then
SHWMD must approve the plans prior to contractor's submittal for permitting.
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
Exhibit I.A: Supplemental Terms and Conditions
Exhibit I.B: Supplemental Federal Contract Provisions and Assurances
❑ Not Applicable
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EXHIBIT I.A:
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).
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EXHIBIT I.B
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
DEPARTMENT OF FEDERAL AVIATION ADMINISTRATION
CFDA 21.106
The supplemental conditions contained in this section are intended to cooperate with, to
supplement, and to modify the general conditions and other specifications. In cases of
disagreement with any other section of this contract, the Supplemental Conditions shall govern.
The services performed by the awarded Contractor shall be in compliance with all applicable
Federal Aviation Administration requirements, and additional requirements specified in this
document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary
manuals and guidelines that apply to the work required to complete this project. In general,
The term "contractor" is understood to mean a contractor, subcontractor, or consultant; and
means one who participates,through a contract or subcontract(at any tier).
1) The contractor (including all subcontractors) must insert these contract provisions in
each lower tier contracts (e.g. subcontract or sub-agreement);
2)The contractor(or subcontractor)must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental
agreements and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by
any subcontractor, lower-tier subcontractor or service provider
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to
provide the Owner,the Federal Aviation Administration and the Comptroller General of the United
States or any of their duly authorized representatives access to any books, documents, papers
and records of the Contractor which are directly pertinent to the specific contract for the purpose
of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all
books, records and reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
1. AFFIRMATIVE ACTION REQUIREMENT
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set
forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor's aggregate workforce in each trade on all construction work in the
covered area, are as follows:
Timetables
Goals for minority participation for each trade: 17.9%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work(whether or not it is Federal
or federally assisted)performed in the covered area. If the Contractor performs construction work
in a geographical area located outside of the covered area, it shall apply the goals established for
such geographical area where the work is actually performed. With regard to this second area,
the Contractor also is subject to the goals for both its federally involved and non-federally involved
construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action
obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the
goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade, and the Contractor shall make a good
faith effort to employ minorities and women evenly on each of its projects. The transfer of minority
or female employees or trainees from Contractor to Contractor or from project to project for the
sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive
Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs (OFCCP) within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work under the
contract resulting from this solicitation. The notification shall list the name, address, and
telephone number of the subcontractor;employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the
subcontract; -nd the geographical area in which the subcontract is to be performed.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
Florida, Collier, Marco Island.
2. BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or Consultant or its
subcontractors may result in the suspension or termination of this contract or such other action
that may be necessary to enforce the rights of the parties of this agreement. The County will
provide the Contractor or Consultant written notice that describes the nature of the breach and
corrective actions the Contractor or Consultant must undertake in order to avoid termination of
the contract. County reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the County elects to terminate the contract.The County's notice
will identify a specific date by which the Contractor or Consultant must correct the breach. County
may proceed with termination of the contract if the Contractor or Consultant fails to correct the
breach by deadline indicated in the County's notice. The duties and obligations imposed by the
Contract Documents and the rights and remedies available there under are in addition to, and not
a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
3. BUY AMERICAN PREFERENCE(AND CERTIFICATION)
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other
related Made in America Laws, 1 U.S. statutes, guidance, and FAA policies, which provide that
Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP
funded projects are produced in the United States, unless the Federal Aviation Administration
has issued a waiver for the product; the product is listed as an Excepted Article, Material Or
Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide
Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA's Buy
American Preference, BABA and Made in America laws included herein with their bid or offer.
The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a
completed certification of compliance with FAA's Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article,
material, or supply other than an item of primarily iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding
agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-
based products(including polyvinylchloride, composite building materials,and polymers used in
fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are
manufactured in the U.S.
4. CIVIL RIGHTS—GENERAL
The General Civil Rights Provisions found in 49 USC§47123, derived from the Airport and Airway
Improvement Act of 1982, Section 520, apply to all sponsor contracts regardless of funding
source.
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
Page 3 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Specific Clause that is used for General Contract Agreements
The above provision binds the Contractor and subcontractors from the bid solicitation period
through the completion of the contract.
Specific Clause that is used for Lease Agreements or Transfer Agreements
If the Contractor transfers its obligation to another,the transferee is obligated in the same manner
as the Contractor.
The above provision obligates the Contractor for the period during which the property is owned,
used or possessed by the Contractor and the airport remains obligated to the Federal Aviation
Administration.
5. CIVIL RIGHTS -TITLE VI ASSURANCE
Title VI Solicitation Notice
The COUNTY, ), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or
offerors that it will affirmatively ensure that for any contract entered into pursuant to this
advertisement, [select businesses, or disadvantaged business enterprises or airport concession
disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in
response to this invitation and no businesses will be discriminated against on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27(Nondiscrimination
on the Basis of Disability in Programs or Activities Receiving Federal Financial
Assistance);
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• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities"to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing
entities) as implemented by U.S. Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must
• take reasonable steps to ensure that LEP persons have meaningful access to your
programs [70 Fed. Reg. 74087 (2005)];
• • Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 USC§ 1681,et seq).
Compliance with Nondiscrimination Requirements
During the performance of this contract, the Contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the"Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
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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
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.
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CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER
THE AIRPORT IMPROVEMENT PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of the Airport Improvement Program
grant assurances:
A. The(grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree [in the case of deeds and
leases add "as a covenant running with the land'j that:
1. In the event facilities are constructed, maintained, or otherwise operated on
the property described in this (deed, license, lease, permit, etc.) for a purpose
for which a Federal Aviation Administration activity, facility, or program is
extended or for another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and
operate such facilities and services in compliance with all requirements
imposed by the Nondiscrimination Acts and Regulations listed in the Title VI
List of Pertinent Nondiscrimination Acts and Authorities (as may be amended)
such that no person on the grounds of race, color, or national origin, will be
excluded from participation in,denied the benefits of,or be otherwise subjected
to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the
above Nondiscrimination covenants, (The FAA) will have the right to terminate the
(lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and
facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination
covenants, the (FAA) will have the right to enter or re-enter the lands and facilities
thereon, and the above-described lands and facilities will there upon revert to and
vest in and become the absolute property of the (FAA) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause
is necessary to make clear the purpose of Title VI.)
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by (FAA) pursuant to the provisions of the Airport
Improvement Program grant assurances.
a. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her
heirs, personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add, "as a covenant running with the land")that(1) no person on the ground of
race, color,or national origin,will be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land, and the furnishing
of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the
premises in compliance with all other requirements imposed by or pursuant to the Title
VI List of Pertinent Nondiscrimination Acts and Authorities.
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b. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the
above Non-discrimination covenants, (FAA) will have the right to terminate the
(license, permit, etc., as appropriate)and to enter or re-enter and repossess said land
and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued.*
c. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, (FAA) will there upon revert to and vest in and become the absolute
property of(FAA) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause
is necessary to make clear the purpose of Title VI.)
7. CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the
County immediately upon discovery. The County assumes responsibility for notifying the
Environmental Protection Agency(EPA)and the Federal Aviation Administration.Contractor must
include this requirement in all subcontracts that exceed $150,000.
8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENT
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause,the Contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (1) of this
clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration(FAA)or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this clause.
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4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)
through (4) of this clause.
9. COPELAND "ANTI-KICKBACK" ACT
Contractor must comply with the requirements of the Copeland"Anti-Kickback"Act(18 USC 874
and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.
Contractor and subcontractors are prohibited from inducing, by any means, any person
employed on the project to give up any part of the compensation to which the employee is
entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement
on the wages paid to each employee performing on covered work during the prior week. Owner
must report any violations of the Act to the Federal Aviation Administration.
10. DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act(29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid
to such laborers or mechanics, subject to the provisions of paragraph (1)(iv)of this section;also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,without regard to skill, except as
provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can easily
be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
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(1)The work to be performed by the classification requested is not performed by a classification
in the wage determination;
(2)The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known),or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification,
or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
that the Secretary of Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require
the Contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and
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mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of the work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker; his or her correct classification; hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and
weekly number of hours worked; deductions made; and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual costs incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A)The Contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract,
but if the agency is not such a party, the Contractor will submit the payrolls to the applicant,
Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (e.g., the last four digits of the
employee's social security number). The required weekly payroll information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose from the Wage and
Hour Division Web site at http://+www.dol.qov/esa/whd/forms/wh347instr.htm or its successor
site. The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security number
and current address of each covered worker and shall provide them upon request to the Federal
Aviation Administration if the agency is a party to the contract, but if the agency is not such a
party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be,
for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of compliance with
prevailing wage requirements. It is not a violation of this section for a prime contractor to require
a subcontractor to provide addresses and social security numbers to the prime contractor for its
own records,without weekly submission to the sponsoring government agency(or the applicant,
Sponsor, or Owner).
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(B) Each payroll submitted shall be accompanied by a Statement of Compliance," signed by
the Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under
29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5
(a)(3)(i), and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit
such representatives to interview employees during working hours on the job. If the Contractor
or subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore,failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR§ 5.12.
4. Apprentices and Trainees.
(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration,Office of Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where
appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
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employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered,the ratios and wage rates(expressed in percentages
of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Office
of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(ii)Trainees. Except as provided in 29 CFR§ 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination that provides for less than
full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is
not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by
reference in this contract.
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6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts
1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC §
1001.
11. DEBARMENT AND SUSPENSION
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it
nor its principals are presently debarred or suspended by any Federal department or agency
from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
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The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a
"covered transaction", must confirm each lower tier participant of a "covered transaction" under
the project is not presently debarred or otherwise disqualified from participation in this federally-
assisted project. The successful bidder will accomplish this by:
(1) Checking the System for Award Management at website: http://www.sam.gov.
(2) Collecting a certification statement similar to the Certification of Offeror /Bidder
Regarding Debarment, above.
(3) Inserting a clause or condition in the covered transaction with the lower tier
contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to
disclose to a higher tier participant that it was excluded or disqualified at the time it entered the
covered transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
12. DISADVANTAGED BUSINESS ENTERPRISE
Solicitation Language(Race/Gender Neutral Means)
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the COUNTY to
practice nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. The Owner encourages participation by all firms qualifying under
this solicitation regardless of business size or ownership. 4.95% of FAA-assisted contracts will
be expended with DBE contractors through race neutral means.
Contract Assurance(§26.13)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The Contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the Contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment Mechanisms (§26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime
contractor receives from the Authority. The prime contractor agrees further to return retainage
payments to each subcontractor within 30 days after the subcontractor's work is substantially(95
percent)completed.Any delay or postponement of payment from the above referenced timeframe
may occur only for good cause following written approval of the Authority. This clause applies to
both DBE and non-DBE subcontractors.
Florida Department of Transportation DBE Certification Requirements for FAA Grant Funded
Projects
Directory (§26.31)
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The Authority uses the Florida Unified Certification Program(FL UCP) DBE Directory, maintained
by the Florida Department of Transportation(FDOT).The Directory lists the firm's name,address,
phone number, date of the most recent certification, and the type of work the firm has been
certified to perform as a DBE. In addition, the Directory lists each type of work for which a firm is
eligible to be certified by using the most specific NAICS code available to describe each type of
work.
The Florida Department of Transportation updates the Directory at least annually, and
periodically, as necessary. The Directory is available for review by contacting: Andrew Bennett,
Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive, Suite 1, Naples, FL 34114,
239-642-7878. The Directory may be found at http://www.dot.state.fl.uslequalopportunitvoffice/
Certification Process (§ 26.61 —26.73)
The Authority will refer all matters pertaining to certification to the Florida Department of
Transportation in accordance with the Florida UCP program. The Florida Department of
Transportation will use the certification standards of Subpart D of Part 26 to determine the
eligibility of firms to participate as DBEs in USDOT-assisted contracts. To be certified as a DBE,
a firm must meet all certification eligibility standards. The Florida Department of Transportation
will make all certification decisions based on the facts as a whole.
For further information about the certification process or to apply for certification, firms should
contact.
Florida Department of Transportation (FDOT)
Equal Opportunity Office
605 Suwannee St. MS 65
Tallahassee, Florida 32399-0450
(850)414-4747
Equal Opportunity Office
http://www.dot.state.fl.us/equalopportunityoffice/
County Administrative Reconsideration (§26.53(d))
Within ten (10)days of being informed by the Authority that it is not responsive because it has not
documented sufficient good faith efforts, a bidder may request administrative reconsideration.
Bidders should make this request in writing to the following reconsideration official: Gene Shue,
Operations Support Director, Collier County Airport Authority, 2885 S. Horseshoe Drive,
Naples, FL 34104, 239-252-5169.The reconsideration official will not have played any role in the
original determination that the bidder did not document sufficient good faith efforts.
As part of this reconsideration, the bidder will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate
good faith efforts to do so. The bidder will have the opportunity to meet in person with the
Authority's administrative reconsideration official to discuss the issue of whether it met the goal
or made adequate good faith efforts to do. The Authority will send the bidder a written decision
on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or
make adequate good faith efforts to do so. The result of the reconsideration process is not
administratively appealable to the US Department of Transportation.
13. DISTRACTED DRIVING /TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving",
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(12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds
to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies
to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
drivers, including policies that ban text messaging while driving motor vehicles while performing
work activities associated with the project. The Contractor must include the substance of this
clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in
performance of work activities associated with the project.
14. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
The Federal awarding agency prohibits the County to enter into a contract to procure or obtain
equipment, services or systems that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part of any
system.
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to
use and procurement of certain telecommunications and video surveillance services or equipment
in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(0(1)].
15. DOMESTIC PREFERENCE FOR PROCUREMENTS AND CERTIFCATION
The Bidder or Offeror certifies by signing and submitting this bid or proposal that,to the greatest
extent practicable,the Bidder or Offeror has provided a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including, but not limited
to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR
§ 200.322.
16. EQUAL EMPLOYMENT OPPORTUNITY(EEO)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation,gender identify, or national origin. Such action shall include,but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2)The Contractor will,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
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This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal
duty to furnish information.
(4)The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
Contractor's commitments under this section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6)The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contractor with any such rules,regulations, or orders,this contract may be canceled,terminated,
or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(8)The Contractor will include the provisions of paragraphs(1)through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction,the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which
this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, or any person to whom the Director delegates authority;
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c. "Employer identification number"means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic(all persons of Mexican, Puerto Rican,Cuban,Central or South American,
or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander(all persons having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native(all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable
goals for minority and female participation and which is set forth in the solicitations from which
this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals and
timetables)shall be in accordance with that Plan for those trades which have unions participating
in the Plan. Contractors must be able to demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an
approved plan is individually required to comply with its obligations under the EEO clause and
to make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other contractors or subcontractors toward
a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure
to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment and
training of minority and female utilization the Contractor should reasonably be able to achieve
in each construction trade in which it has employees in the covered area. Covered construction
contractors performing construction work in a geographical areas where they do not have a
Federal or federally assisted construction contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals
in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or
the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting
the goals,such apprentices and trainees must be employed by the Contractor during the training
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period, and the Contractor must have made a commitment to employ the apprentices and
trainees at the completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
7.The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are assigned to
work. The Contractor, where possible,will assign two or more women to each construction
project.The Contractor shall specifically ensure that all foremen, superintendents, and other
onsite supervisory personnel are aware of and carry out the Contractor's obligation to
maintain such a working environment,with specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union,a recruitment
source, or community organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred, not employed by the Contractor, this shall
be documented in the file with the reason therefor, along with whatever additional actions
the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the Contractor has a collective bargaining agreement has not referred to the Contractor a
minority person or woman sent by the Contractor, or when the Contractor has other
information that the union referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
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g. Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific review of
these items with onsite supervisory personnel such superintendents, general foremen, etc.,
prior to the initiation of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media,specifically including minority and female news media, and providing written
notification to and discussing the Contractor's EEO policy with other contractors and
subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's work force.
k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance
under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the
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Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on
the employment of minorities and women in the industry, ensures that the concrete benefits of
the program are reflected in the Contractor's minority and female workforce participation, makes
a good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and failure of such a group
to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both minority
and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner(for example, even though the
Contractor has achieved its goals for women generally,the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, sexual orientation, gender
identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246, as amended.
13.The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of
these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the Contractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to
the provisions hereof as may be required by the Government, and to keep records. Records
shall at least include for each employee, the name, address, telephone numbers, construction
trade, union affiliation if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of
changes in status, hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
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15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for
the hiring of local or other area residents (e.g. those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program).
17. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, the Federal Fair Labor Standards Act(FLSA), with the same force
and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping,
and child labor standards for full and part time workers.
The Contractor or Consultant has full responsibility to monitor compliance to the referenced
statute or regulation. The Contractor or Consultant must address any claims or disputes that
arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division.
The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision
Number FL20230201 07/07/2023, as modified up through ten days prior to the opening of bids.
This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable.
18. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES / CERTIFICATION
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder
or Offeror, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
19. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
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employer, hereinafter known as "the Contractor," must provide a work environment that is free
from recognized hazards that may cause death or serious physical harm to the employee. The
Contractor retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970
(20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor — Occupational Safety and Health
Administration.
20. PROCUREMENT OF RECOVERED MATERIALS
41 CFR § 200.323, 40 CFR part 247, Solid Waste Disposal Act
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable,
the Contractor and subcontractors are to use products containing the highest percentage of
recovered materials for items designated by the Environmental Protection Agency (EPA) under
40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the
fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-quidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
21. PROHIBITION OF SEGREGATED FACILITIES
(a)The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated facilities
are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal
Employment Opportunity clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas,time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin because of written or oral policies or employee custom. The
term does not include separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Employment Opportunity clause of this contract.
Page 24 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
22. RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or
research work must provide for the rights of the Federal Government and the Owner in any
resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organizations and Small Business Firms under Government Grants, Contracts, and
Cooperative Agreements. This contract incorporates by reference the patent and inventions
rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-
tier contracts involving experimental, developmental, or research work.
23. SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work
performed by subcontractors, conforms to a building code standard that provides a level of
seismic safety substantially equivalent to standards established by the National Earthquake
Hazards Reduction Program (NEHRP). Local building codes that model their code after the
current version of the International Building Code (IBC) meet the NEHRP equivalency level for
seismic safety.
24. TAX DELINQUENCY AND FELONY CONVICTIONS (form at the end of this documen()
CERTIFICATION OF OFFERORIBIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a
checkmark (✓) in the space following the applicable response. The applicant agrees that, if
awarded a contract resulting from this solicitation, it will incorporate this provision for certification
in all lower tier subcontracts.
Certifications (See Separate Assurance)
1) The applicant represents that it is ( ) is not ( X ) a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The applicant represents that it is ( ) is not ( X ) a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant
is ineligible to receive an award unless the Sponsor has received notification from the agency
suspension and debarment official (SDO) that the SDO has considered suspension or
debarment and determined that further action is not required to protect the Government's
interests. The applicant therefore must provide information to the owner about its tax liability or
conviction to the Owner, who will then notify the FAA Airports District Office, which will then
notify the agency's SDO to facilitate completion of the required considerations before award
decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty
four (24) months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. Code that specifically classifies
Page 25 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
the offense as a felony and conviction of an offense that is classified as a felony under 18
USC § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
25.TERMINATION OF CONTRACT
1. TERMINATION FOR DEFAULT.
1.1 Contractor shall be considered in material default of the Agreement and such default shall
be considered cause for Owner to terminate the Agreement, in whole or in part, as further set
forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within
the time specified herein; or (2) fails to properly and timely perform the Work as directed by the
Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work
unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may
be rejected as unacceptable or unsuitable; or(4)discontinues the prosecution of the Work; or(5)
fails to resume Work which has been suspended within a reasonable time after being notified to
do so; or(6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7)
allows any final judgment to stand against it unsatisfied for more than ten (10)days; or(8) makes
an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws,
ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other
provision of the Contract Documents.
1.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following
receipt by Contractor of said written notice or such longer period of time as may be consented to
by Owner in writing and in its sole discretion,then Owner,at its option,without releasing or waiving
its rights and remedies against the Contractor's sureties and without prejudice to any other right
or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed
under the Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of any of
Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's
Work by whatever means, method or agency which Owner, in its sole discretion, may choose.
1.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed. All
moneys expended and all of the costs, losses, damages and extra expenses, including all
management,administrative and other overhead and other direct and indirect expenses(including
Design Professional and attorneys' fees) or damages incurred by Owner incident to such
completion, shall be deducted from the Contract Amount, and if such expenditures exceed the
unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand
the full amount of such excess, including costs of collection, attorneys' fees (including appeals)
and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the
Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to
complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
1.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims,
demands, suits, and judgments pertaining to or arising out of the Work hereunder.
1.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein,then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be
the same as and limited to those afforded Contractor under Section 19 below.
1.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after giving
Owner a second fourteen (14) days written notice of Contractor's intention to stop performance
under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120)
consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written
notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its
default within fourteen (14)days after receipt of Contractor's written notice, Contractor may, upon
fourteen (14) additional days'written notice to the Owner, terminate the Agreement and recover
from the Owner payment for Work performed through the termination date, but in no event shall
Contractor be entitled to payment for Work not performed or any other damages from Owner.
2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
2.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination,together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
2.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek
an extension of time to its schedule in accordance with the procedures set forth in the Contract
Documents. In no event shall the Contractor be entitled to any additional compensation or
damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor
shall have the right to terminate the Agreement with respect to that portion of the Work which is
subject to the ordered suspension.
3. TERMINATION FOR DEFAULT.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
3.1 Contractor shall be considered in material default of the Agreement and such default shall
be considered cause for Owner to terminate the Agreement, in whole or in part, as further set
forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within
the time specified herein; or (2) fails to properly and timely perform the Work as directed by the
Project Manager or as provided for in the approved Progress Schedule; or(3) performs the Work
unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may
be rejected as unacceptable or unsuitable; or(4) discontinues the prosecution of the Work; or(5)
fails to resume Work which has been suspended within a reasonable time after being notified to
do so; or(6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7)
allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes
an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws,
ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other
provision of the Contract Documents.
3.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days following
receipt by Contractor of said written notice or such longer period of time as may be consented to
by Owner in writing and in its sole discretion,then Owner,at its option,without releasing or waiving
its rights and remedies against the Contractor's sureties and without prejudice to any other right
or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed
under the Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of any of
Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's
Work by whatever means, method or agency which Owner, in its sole discretion, may choose.
3.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed. All
moneys expended and all of the costs, losses, damages and extra expenses, including all
management,administrative and other overhead and other direct and indirect expenses(including
Design Professional and attorneys' fees) or damages incurred by Owner incident to such
completion, shall be deducted from the Contract Amount, and if such expenditures exceed the
unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand
the full amount of such excess, including costs of collection, attorneys' fees (including appeals)
and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the
Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to
complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
3.4 The liability of Contractor hereunder shall extend to and include the full amount of any and
all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by
Owner in good faith under the belief that such payments or assumptions were necessary or
required, in completing the Work and providing labor, materials, equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims,
demands, suits, and judgments pertaining to or arising out of the Work hereunder.
3.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein,then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be
e same as and limited to those afforded Contractor under Section 19 below.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
3.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after giving
Owner a second fourteen (14) days written notice of Contractor's intention to stop performance
under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120)
consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written
notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its
default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon
fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover
from the Owner payment for Work performed through the termination date, but in no event shall
Contractor be entitled to payment for Work not performed or any other damages from Owner.
4. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
4.1 Owner shall have the right to terminate this Agreement without cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned
through the date of termination, together with any retainage withheld and reasonable termination
expenses incurred, but Contractor shall not be entitled to any other or further recovery against
Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not
performed.
4.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or
any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek
an extension of time to its schedule in accordance with the procedures set forth in the Contract
Documents. In no event shall the Contractor be entitled to any additional compensation or
damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor
shall have the right to terminate the Agreement with respect to that portion of the Work which is
subject to the ordered suspension.
26. TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any
resultant contract, the Offeror—
1) is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S. firms as published by the Office of the United
States Trade Representative (U.S.T.R.);
2) has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country included on the list of countries that
discriminate against U.S. firms as published by the U.S.T.R; and
3) has not entered into any subcontract for any product to be used on the Federal on the
project that is produced in a foreign country included on the list of countries that
discriminate against U.S. firms published by the U.S.T.R.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
The Offeror/Contractor must provide immediate written notice to the County if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Contractor must
require subcontractors provide immediate written notice to the Contractor if at any time it learns
that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by the
U.S.T.R. or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such U.S.T.R. list or
3) who incorporates in the public works project any product of a foreign country on such
U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render,in good faith,the certification required by this provision. The knowledge
and information of a contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate
this provision for certification without modification in in all lower tier subcontracts. The contractor
may rely on the certification of a prospective subcontractor that it is not a firm from a foreign
country included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making
an award. If it is later determined that the Contractor or subcontractor knowingly rendered an
erroneous certification, the Federal Aviation Administration may direct through the County
cancellation of the contract or subcontract for default at no cost to the County or the FAA.
27. VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions), the
contractor and all sub-tier contractors must give preference to covered veterans as defined within
Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans,
Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business
concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This
preference only applies when there are covered veterans readily available and qualified to
perform the work to which the employment relates.
Page 30 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
STATE PROVISIONS
RECORDS RETENTION AND ACCESS
Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
five years after final payment is made. Copies of these records shall be furnished to the
Department upon request. Records of costs incurred include the Agency's general accounting
records and the Project records, together with supporting documents and records, of the
Contractor and all subcontractors performing work on the Project, and all other records of the
Contractor and subcontractors considered necessary by the Department for a proper audit of
costs.
The contractor agrees to comply with 20.055(5) F.S. and incorporate in all its subcontractors the
obligations to comply with 20.055(5) F.S to cooperate with the inspector general in any
investigation, audit, inspection, review, or hearing pursuant to this section.
RESTRICTIONS, PROHIBITIONS, CONTROLS AND LABOR PROVISIONS
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor,or consultant under a contract with any public entity;and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department
of Management Services, may not submit a bid on a contract to provide goods or services to a
public entity; may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity; and may not transact business with any public entity.
c. Non-Responsible Contractors.An entity or affiliate who has had its Certificate of Qualification
suspended, revoked, denied, or have further been determined by the Department to be a non-
responsible contractor, may not submit a bid or perform work for the construction or repair of a
public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
UNAUTHORIZED ALIENS
FDOT shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs
unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
Page 31 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
E-VERIFY
Contractors shall: I. Utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the Agency during the term of the
contract; and II. Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's
EVerify system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
INDEMNIFICATION
To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend,
and hold harmless the Agency and the State of Florida, Department of Transportation, including
the Department's officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the contractor/consultant and persons
employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement.
AGENCY NOT AN AGENT OF DEPARTMENT
The Agency and the Department agree that the Agency, its employees, contractors,
subcontractors, consultants, and subconsultants are not agents of the Department as a result of
this Agreement.
CONSULTANT/CONTRACTOR
The Florida Department of Transportation has the right to disapprove the Agency's employment
of consultants, contractors, and subcontractors for all or any part of this Project if the specific
consultants, contractors, or subcontractors have a record of poor project performance with the
Department.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
DOL WAGE RATE DECISION
®APPLICABLE
See following pages for this document.
Page 33 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
"General Decision Number: FL20230201 07/07/2023
Superseded General Decision Number: FL20220201
State: Florida
Construction Type: Building
County: Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note : Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658 .
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5 . 1 (a) (2) - (60) .
If the contract is entered ► . Executive Order 14026 I
into on or after January 30, I generally applies to the I
2022, or the contract is I contract. I
renewed or extended (e.g. , an I . The contractor must pay I
option is exercised) on or I all covered workers at I
after January 30, 2022 : I least $16.20 per hour (or I
the applicable wage rate I
listed on this wage
determination, if it is I
higher) for all hours I
spent performing on the I
contract in 2023 . I
I I
If the contract was awarded onl . Executive Order 13658
or between January 1, 2015 and! generally applies to the I
January 29, 2022, and the I contract. I
contract is not renewed or I . The contractor must pay all !
extended on or after January I covered workers at least I
30, 2022 : I $12 . 15 per hour (or the I
I applicable wage rate listed►
on this wage determination, ►
if it is higher) for all I
hours spent performing on I
that contract in 2023 .
Page 34 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http: //www.dol.gov/whd/govcontracts .
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 07/07/2023
ASBE0067-003 01/01/2021
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR $ 30 . 12 13 . 11
ELEC0349-008 09/01/2021
Rates Fringes
ELECTRICIAN (Includes Low
Voltage Wiring) $ 32 . 05 11 . 56
ELEV0074-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC $ 47 . 51 37 . 335+a+b
FOOTNOTE:
a. Employer contributions 8% of regular hourly rate to
vacation pay credit for employee who has worked in business
more than 5 years; Employer contributions 6% of regular
hourly rate to vacation pay credit for employee who has
worked in business less than 5 years .
b.Paid Holidays : New Year' s Day; Memorial Day; Independence
Page 35 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Day; Labor Day; Veterans ' Day, Thanksgiving Day; The Friday
after Thanksgiving Day; and Christmas Day.
ENGI0487-021 07/01/2016
Rates Fringes
OPERATOR: Crane
All Cranes 160 Ton
Capacity and Over $ 33 . 05 9 .20
All Cranes Over 15 Ton
Capacity $ 32 . 05 9 .20
OPERATOR: Forklift $ 23 .25 9 .20
OPERATOR: Mechanic $ 32 . 05 9 .20
OPERATOR: Oiler $ 23 . 50 9 .20
IRON0397-007 07/01/2022
Rates Fringes
IRONWORKER, STRUCTURAL $ 32 . 60 16. 97
IRON0402-001 10/01/2021
Rates Fringes
IRONWORKER, ORNAMENTAL $ 25 . 50 14 . 66
* SFFLO821-004 07/02/2023
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 32 . 03 22 . 15
* SUFL2014-009 08/16/2016
Rates Fringes
CARPENTER $ 18 . 00 0 . 64
CEMENT MASON/CONCRETE FINISHER $ 14 . 85 ** 0 . 60
IRONWORKER, REINFORCING $ 26 . 37 12 . 65
LABORER: Common or General,
Page 36 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Including Cement Mason Tending $ 12 . 25 ** 1 . 03
LABORER: Pipelayer $ 14 . 00 ** 1 . 40
OPERATOR:
Backhoe/Excavator/Trackhoe $ 22 . 07 8 . 80
OPERATOR: Bulldozer $ 15 . 40 ** 1 . 90
OPERATOR: Grader/Blade $ 18 . 97 0 . 00
OPERATOR: Loader $ 14 . 00 ** 1 . 40
OPERATOR: Roller $ 14 . 43 ** 4 . 78
PAINTER: Brush, Roller and
Spray $ 14 . 72 ** 2 . 13
PIPEFITTER $ 21 . 36 7 . 93
PLUMBER $ 18 . 01 2 . 88
ROOFER $ 19 . 00 1 . 17
SHEET METAL WORKER, Includes
HVAC Duct Installation $ 19 . 10 3 .27
TILE SETTER $ 18 . 01 0 . 00
TRUCK DRIVER: Dump Truck $ 13 . 22 ** 2 . 12
TRUCK DRIVER: Lowboy Truck $ 14 .24 ** 0 . 00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($16. 20) or 13658
($12 . 15) . Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
Page 37 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
solicitation was issued) on or after January 1, 2017 . If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https : //www.dol .gov/agencies/whd/government-contracts .
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5 . 5 (a) (1) (ii) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers . 0198
indicates the local union number or district council number
where applicable, i .e. , Plumbers Local 0198 . The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
Page 38 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate .
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates . LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data . EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate . OH indicates the state . The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
Page 39 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can
be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2 . ) and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party' s position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue .
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Page 40 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Administrative Review Board
U.S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final .
END OF GENERAL DECISIO"
Page 41 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL CERTIFICATIONS AND ASSURANCES
See following pages for documents.
The following items must be submitted with the bid package.
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
2. Disadvantaged Business Enterprise(DBE) Utilization
3. Bidders List
4. Certification of Buy American Certification for Equipment/ Building Projects
5. Collier County Conflict of Interest Certification
6. Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions
7. Certification Regarding Lobbying
8. Acknowledgement of Grant Terms and Conditions
Page 42 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment,Suspension,and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (I)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Erika Bodenstein Bulk Aircraft Hangar at Marco Island Executive Airport
Name Project Name
Vice President 23-8120
Title Project Number
DEC Contracting Group, Inc. 46-4934701
Firm Tax ID Number
ZHBNT8Y81VK7
Sam.gov Unique Entity Identifier(UEI) Number
1560 Matthew Drive, Ste. B, Ft. Myers, FL 33907
Street Address, City, State, Zip
r a "
. Q
Signature .
Page 43 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status be worm-4 tinveurahte statutes veil requite the Vendor/Pomo tow:rectos to tither oreccele a tovvitst sitteisseht tY 4ity4A.:thett.
diettovientattort that vabeates a Mahn. Coutrattor 4,4445 34 ent4y that W.01,144 62404t4
A. VENDOR/PRIME CONTRACTOR INFORMATION
_
ISAIAL Piii(Mt H 4.0 h leAr f tatit tAk AMOY N I
DEC Contracting Group, Inc. 46-4934701
A,Int PPM A nOttitarytt Khania Et(SAVVAnTAtit VtliftAiti? V if, ifa In At!Wm or its tioi("PACI
tiOitit ittit wool fit KM*SA f tillAPittSf
V COfilitRUC VON
,Oer m is,ft Map cot PAW A Waal OnAtriAbit Mit
KiNNISS atnitiCAtiON RCM V.
Ito % Nf$ CONSULTATION?
ADMPASI nun? Ott A St tiVail OitAbn t RAN? Vibt? WWI?
MARA?
is bits sti CAtitsSIO fa A fit UN-WO (; ( (IS,Pt SlYiNisl
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
VOL.Mtn,WU SUPCONIPaitt.10k OP bUinnttit 1Ven Of VitOtth OH t it 11 Y(Ann SUB/SUPPLIER IL t4I Uf COMPACT
Sn,TiStAttitA NAME SPLMAtaY (Sec WOW). MAAR AN/04W Vint-AA-a
DBE Breezy Cool HVAC BA $153,150 5%
to
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAMY Of StietAintft Dalt tint UIsUit(An t
Erika Bodenstein 5/23/2023 Vice President
IMAM ADDRESS UP Pkihtt(StitiMiti tit) IttEPHOtit f.UMbLR f AM trUhtlatrt
erika@deccontracting.com 239-332-4322 239-332-0180
HOU:this inronnatieri 4 t-Ittd to trata and report ant 4t paled DM,or Mfif pattat taboo eticticiatty roodedboisteans,1 he atitsepatair VOL Stsf
OAK 41114t04 4,41,0444t 4r41 wet oat bettered pan of the tooMntital tenet Otie bum runt be submitted at Ureic of response to a
selicitupitet 01 afte wawa,itwptiteet County tOr4r4ct,the vivre Y be asked to tipdate the irlooriabion tat Poe grate eorupla nee rites.
61.14.Mitatiout va".
$434r4C Ar4441444
Netteifleaser*Xn
Sa u fit.Asian Atratrkao A.4
44'44-94dit Artterk44 APA
Noe Msfielity Worne,
01h0.1 rat of any olkop.wow L.:,:o0 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
Of PARIMit tti NAME (.00.44 CONINACI L.t.EVAt tte t.V10,t(it 41,t1,,VAMA,ON it At.t
ACCEPItO OV: OATH
1
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Bidders Opportunity List
Prime Contractor/Consultant DEC Contracting Group, Inc.
Address/Phone Number 1560 Matthew Dr., Ste. B, Ft. Myers, FL 33907(239) 332-4322
Procurement Number 23-8120
Disadvantaged businesses and minority vendors,as defined in the Federal Code of Federal Regulations or Florida State
Statutes must have the opportunity to participate on contracts with federal and/or state grant assistance.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE(Disadvantaged) .; LESS THAN$1 MIILION
FIRM NAME Breezy Cool Air Conditiong MBE Minorit — BETWEEN $1. MILCIQN '--
PHONE 561-3U6-6199 WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS 9482 Campi Dr NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP Lake Worth 334267 MORE THAN$15 MIILION
YEAR FIRM EST. 7008
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION
FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION
PHONE WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP MORE THAN$15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION
FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION
PHONE WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP MORE THAN$15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# _ DBE(Disadvantaged) LESS THAN$1 MIILION
FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION
PHONE WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP MORE THAN$15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION
FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION
PHONE WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP MORE THAN$15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE(Disadvantaged) LESS THAN$1 MIILION
FIRM NAME MBE(Minority) BETWEEN $1-$5 MIILION
PHONE WBE(Women) BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION
CITY,STATE,ZIP MORE THAN$15 MIILION
YEAR FIRM EST.
Page 45 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Federal Aviation Administration (FAA)
Certification of Buy American Certification for Equipment/Building Projects
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this
certification statement with their proposal. The bidder or offeror must indicate how they intend to
comply with 49 USC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA
policies by selecting one on the following certification statements. These statements are mutually
exclusive. Bidder must select one or the other (not both) by inserting a checkmark (/) or the
letter"X".
❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other
related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing steel and manufactured products produced in the United States;
b) Only installing construction materials defined as: an article, material, or supply—
other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives that are or consist primarily of non-ferrous metals;
plastic and polymer-based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables); glass (including optic glass);
lumber or drywall that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration
(FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide
Buy American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
a) To provide to the Airport Sponsor or FAA evidence that documents the source and
origin of the steel and manufactured product.
b) To faithfully comply with providing U.S. domestic product.
c) To furnish U.S. domestic product for any waiver request that the FAA rejects.
d) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
OR
The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American
Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC §
50101(b). By selecting this certification statement, the apparent bidder or offeror with the
apparent low bid agrees:
a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected
as the responsive bidder, a formal waiver request and required documentation that
supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination that may result in rejection of the
proposal.
c) To faithfully comply with providing U.S. domestic products at or above the approved
U.S. domestic content percentage as approved by the FAA.
d) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Page 46 of 51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Required Documentation
Certification of Buy American Certification for Equipment/Building Projects
Type 2 Waiver(Nonavailability)-The iron, steel, manufactured goods or construction materials are
not available in sufficient quantity or quality in the United States. The required documentation for the
Nonavailability waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
b) Record of thorough market research, consideration where appropriate of qualifying
alternate items, products, or materials including;
c) A description of the market research activities and methods used to identify
domestically manufactured items capable of satisfying the requirement, including the
timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver—The cost of the item components and subcomponents produced in the United
States is more that 60 percent of the cost of all components and subcomponents of the"item". The
required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
including;
b) Listing of all product components and subcomponents that are not comprised of 100
percent U.S. domestic content(Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal Acquisition
Regulation Subpart 25.108 (products of unknown origin must be considered as non-
domestic products in their entirety).
c) Cost of non-domestic components and subcomponents, excluding labor costs
associated with final assembly at place of manufacture.
d) Percentage of non-domestic component and subcomponent cost as compared to
total"item"component and subcomponent costs, excluding labor costs associated
with final assembly at place of manufacture.
Type 4 Waiver(Unreasonable Costs)-Applying this provision for iron, steel, manufactured goods
or construction materials, would increase the cost of the overall project by more than 25 percent.
The required documentation for this waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bidders and/or offerors;
c) Receipt or record that demonstrates that supplier scouting called for in Executive
Order 14005, indicates that no domestic source exists for the project and/or
component;
d) Completed waiver applications for each comparable bid and/or offer.
False Statements: Per 49 USC§47126, this certification concerns a matter within the jurisdiction
of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification
may render the maker subject to prosecution under Title 18, United States Code.
May 23, 2023 '
Date Signature
DEC Contracting Group, Inc. Vice President
Company Name Title
Page 47 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest
23-8120
Collier County Solicitation No.
I, Erika Bodenstein , hereby certify that to the best of my
knowledge, neither I nor my spouse, dependent child, general partner, or any organization for
which I am serving as an officer, director, trustee, general partner or employee, or any person or
organization with whom I am negotiating or have an arrangement concerning prospective
employment has a financial interest in this matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of
any member of my household. Also, to the best of my knowledge, no member of my household;
no relative with whom I have a close relationship; no one with whom my spouse, parent or
dependent child has or seeks employment; and no organization with which I am seeking a
business relationship nor which I now serve actively or have served within the last year are parties
or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal
interest as described above that would be affected by the matter, and to disclose any interest I,
or anyone noted above, has in any person or organization that does become involved in, or is
affected at a later date by, the conduct of this matter.
Erika Bodenstein
Name Signfure
Vice President May 23, 2023
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this infonnation. The primary use of the information on this form
is for review by officials of The Justice Department to determine compliance with applicable federal
conflict of interest laws and regulations. Additional disclosures of the information on this report may be
made: (1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a
violation or potential violation of law or regulations; (2) to a court or party in a court or federal
administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena;
(3) to a source when necessary to obtain information relevant to a conflict of interest investigation or
decision;(4)to the National Archives and Records Administration or the General Services Administration
in records management inspections; (5) to the Office of Management and Budget during legislative
coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance
of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter.
This confidential certification will not be disclosed to any requesting person unless authorized by law. See
also the OGE/GOVT-2 executive branch-wide Privacy Act system of records.
Page 48 of 51
CAO
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
-- C0LLJE8COUNTY
Certification o/Offeror/Bidder Regarding Tax Delinquency nndFelony Cmmviodoox
The Contractor must complete the following two certification statements, The applicant must
indicate its current status as it relates to tax delinquency and felony conviction by inserting a
chonknnark in the space hzUov�ngthe applicable response. The applicant agrees that, if
awarded contract i{will incorporate this provision for certification
in all lower tier subcontracts.
Certifications
|) The applicant represents that hio( ) io not( X ) o corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have |apnad, and that is not being paid in a Unoo|y
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The applicant represents that it in ( ) is not ( X ) is not corporation that was
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty-
four(24) monthuofafo|onychmina| vio|abonunderunyFedara| |avvandino|udeo
conviction ofon offense defined ino section nfthe U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under
18U.G.C. § 355Q.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been
ounoseed, for which all judioial and administrative mnnedioo have been exhouuhad, or
have lapsed, and that is not being paid in a firnely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
ErikoBodonstmin Vice President
Name Th|o
DEC Contracting Group, Inc.
Finn
S�6neture
Page 49of51
�/��
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
------- C0LL|8KC0UNTY
Federal(and S|uk)^Col-tUicodou Regarding Lobbying
The undersigned certifies,to the best of his o/her knowledge, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of an
agency, aN1ernberof{�ongneao. on officer orennp|nye* of Congress,urenennp|oy000faKAennber
of{�on '"'nuso in connection with the awarding of any Federal contract, the making of any Federal
grant, 'o making of any Federal |oan, the entering into of any cooperative agreement, and the
extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) |f any funds otharthan Federal approphatedfunds have been paid nrvviUbw paid 0o any pemon
—' influencing or to influence on officer of any agency. a Member of
'~'
Congress, an officer or employee of Congress, or an employee of ��ernbarofCongress in
connection with this Federal contract, grant, |oan, or cooperative agneament, the undersigned
ea c shall complete and Submit Standard 'Form- LLL' "Disclosure Formto Report Lobbyin8.Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for malloubawmnds at all tierstiers (including uubnontnooto, eubgrmntu, and contracts under
grants, loans, and cooperative agreements) and that mU oubneoipiento shall certify and disclose
, .
accordingly.
This certification is a 0ohaha| representation of fact upon which no|ionuo was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31. U.S-C, § 1352 (as amended by the Lobbying
Disclosure Ant of 1995\. Any person who toi|n to file the required certification shall be subject to
a civil penalty of not | .'sthan $1O'0OOondnctmnrethan $100.000fnroochounhfei|una.
The Contractnr, DEC CnnhmccertifiesngGroup, Inc. . certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and
^ agrees that the provisions of31 U.S.C� § 38D1 otae¢' apply to this certification
and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 11.062. Florida
Statutes., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Erika Bodenmtnin, Vice President Name of Authorized Official and Title
May 23, 2U23 Date
Page 50of51
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Acknowledgement of Terms,Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a
copy of the signed subcontract must be available to the Department for review and approval.
The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws
and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. The recipient shall document
in the quarterly report the subcontractor's progress in performing its work under this
agreement. For each subcontract, the Recipient shall provide a written statement to the
Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,
Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Vendor/Contractor Name DEC Contracting Group, Inc. Date May 23. 2023 A
Authorized Signature ���"``""�"�
Address 1560 Matthew Drive, Ste. B, Ft. Myers, FL 33907
Solicitation/Contract# 23-8120
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