Agenda 01/14/2025 Item #16G 1 (Change Order #1 under agreement #23-8120 for the "Bulk Aircraft Hangar at Marco Island Executive Airport)1/14/2025
Item # 16.G.1
ID# 2024-1653
Executive Summary
Recommendation to ratify administratively approved Change Order No. 1, adding 8 days to the contract time and to use
$9,582.30 from the owner's allowance for Work Directive #1 under Agreement No. 23-8120 (Purchase Order
4500229417) with DEC Contracting Group, Inc., for the “Bulk Aircraft Hangar at Marco Island Executive Airport,” and
authorize the Chairman to sign the attached Change Order. (Project No. 33822)
OBJECTIVE: To ratify administratively approved Change Order No. 1 and allow the contractor to invoice for having
to repeat construction work on the Bulk Aircraft Hangar at Marco Island Executive Airport that was completed and
inspected prior to the onset of Hurricane Milton on October 10, 2024, and was damaged due to the storm surge flooding
on the construction site.
CONSIDERATIONS: On March 12, 2024 (Agenda Item 16.G.1), the Board awarded the Project to DEC Contracting
Group, Inc. (the “Contractor”) under Agreement No. 23-8120 (the “Agreement”) to construct a 12,000 square foot bulk
hangar at the Marco Island Executive Airport.
Change Order No. 1 adds eight days to the contract time and utilizes $9,582.30 of the Owner’s Allowance, leaving a
balance of $155,417.70 in the Owner’s Allowance, with no increase to the contract amount. Change Order No. 1 is
necessary as a result of several feet of Hurricane Milton storm surge, that inundated the Project’s construction site
resulting in stormwater damage to work that had already been completed. The damaged work included: Loss of 100%
compaction for the concrete floor slab and the footings, the shifting of forms for the concrete foundation and footings,
the loss of pretreatment chemicals for termite prevention, and the loss of the grading due to erosion.
None of the damage incurred was the result of a design flaw, an engineering error, or a contractor mistake. The
Contractor took reasonable precautions to protect the work prior to the storm, but it could not repel the amount of
flooding from the storm surge. The change order work includes re-setting concrete forms, re-grading and re-compacting
the base layer materials, and re-applying the termite prevention chemicals.
This item is consistent with the Collier County Strategic Plan with a focus on Infrastructure and Asset Management and
Community Development by continuing to follow a master planning process with the County’s three airports. By
maximizing the hangar space at the land-constrained Marco Island Executive Airport, we will help meet customer
demand and enhance revenues, therefore promoting fiscal stewardship and maintaining self-sustaining airports.
The County’s Procurement Services Division administratively approved Change Order No. 1, as authorized under the
Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3.b on December 3, 2024.
FISCAL IMPACT: Change Order No. 1 extends the time available to Agreement 23-8120 without changing the total
dollar value of the contract. Funds in the amount of $9,582.30 have already been encumbered within the owners
allowance under Purchase Order 4500229417 in the Airport Authority Capital Fund (4091), Project 33822. The source
of funding is fuel sales revenue.
GROWTH MANAGEMENT IMPACT: This item is consistent with Section B: Intermodal & Multimodal
Transportation, Subsection 2: Aviation of the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: That the Board ratify administratively approved Change Order No. 1, adding 8 days to the
contract days of construction from 336 to 344 days and reducing the Owner’s Allowance by $9,582.30 from $165,000 to
$155,417.70 for Work Directive No. 1 under Agreement No. 23-8120 (Purchase Order 4500229417) with DEC
Contracting Group, Inc., for the “Bulk Aircraft Hangar at Marco Island Executive Airport,” and authorize the Chairman
to sign the attached Change Order. (Project No. 33822)
Page 5559 of 6405
1/14/2025
Item # 16.G.1
ID# 2024-1653
PREPARED BY: Bryant Garrett, AAE
ATTACHMENTS:
1. 23-8120 Contract_DEC_FullyExec_Reduced MKY Marco Bulk Hangar
2. 23-8120_FirstAmend_DECContracting
3. 23-8120_Second_Amend_DECContracting
4. Change Order No1 DEC Contract - Hurricane Damage
Page 5560 of 6405
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 , In c. the Engineer an d/or Arc hitect of Record
("Design Professional") and other Contract Documents hereafter specified .
Owner and Contract or, for the consideration herein set forth , agree as fo llows:
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 , Wor k Directive Changes , Field Orders and amendments re lating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a part
of this Agreement (a ll 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 a ll 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 Const ruction Documents, signed and sealed by the Design
Professional , as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to f urnish and pay for all management, supervision , financing , labor, materials ,
tools, fue l , supplies, utilities , equipment and services of every kind and type necessary to
diligently, timely , and fu lly perform and complete in a good and workman like manner the Work
required by the Contract Documents.
Se ction 3. Contract Am o unt.
In consideration of the faithful performance by Contractor of the covenants in this Agree ment 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 Si xty-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 8-1 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 t he Treasury
Fiscal Service , "Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsu rance 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 , withi n five (5) calendar days thereafter,
substitute at its cost and expense another bond and su rety, both of which shall be subject to the
Owner's approval.
S ectio n 5. Contract Time and Li q uidated 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 Not ice 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 th ree hundred and t hirty-s ix (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 ) ca lendar 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 recogn ize 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
T housand Five Hundred Seve nty-Ni ne Do ll a rs ($2,579.00) for each calendar day thereafter
until Substantial Completion is achieved . Further, in the event Substantial Completion is reached,
but the Contractor fai ls to reach Final Completion with in 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 re linquishes 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 nme 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 t he law of the applicable jurisdiction, such day
shall be omitted from the computation , and the last day shall become the next succeeding day
wh ich is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regard less of whether the Contract Time is stipulated in ca lendar 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 so le discretion , is all owed to continue and to finish the Work, or any
part of it, after the expiration of the Contract Time including granted t ime extensions.
F. Completion of Work by Owner.
In the event Contractor defau lts 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 complet e when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Wor k 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
resu lt of Contractor's failure to fu lfi ll 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 th is Agreement.
Section 6. Ex hibits Incorporat ed .
Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and
made a part of this Agreement for Solicitation #23-8 120 "Bulk Aircraft Hangar at Marco Island
Executive Airpo rt".
Exh ibit A-1 :
Exhibit A-2:
Exhibit A-3 :
Exhib it 8-1 :
Exhib it 8-2 :
Exhibit 8-3:
Exhibit C :
Exh ibit D:
Contractor's Bid Schedule
Contractor's Bid Submittal Forms and Addendums
Contractor's List of Key Personnel
Payment Bond Forms D Not Applicable
Performance Bond Forms D Not Applicable
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
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Page 5563 of 6405
Exhibit E:
Exhibit F :
Exhib it G:
Exhibit H:
Exhibit I:
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions C8J Applicable D Not Applicable
The foll owing documents are expressly agreed to be incorporated by reference and made a part
of this Agreement for Solicit ation #23-8120 "Bulk Aircraft Hangar at Marco Island Execut ive
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 ( L8J ) expressly apply to the terms of this Agreement
and are avail able through the County's on-line bidding.
C8JExh ibit J :
□Exhibit K:
C8J Exhibit L:
C8J Exhibit M:
C8'.]Exhibit N:
Tech nical Specifications
Permits
Standard Details
P lans and Specifications prepared by: Ho le Montes , Inc .
Environmental Health and Safety Requirements for Const ruction Projects
Sect ion 7 . Notices
A All notices required or made pursuant to this Agreement by the Contractor to the Owner
shall be deemed du ly served if delivered by U.S. Mail, E-mail or Facsimi le , addressed to the
foll owi ng:
Collier County Board of County Commissioners , FL
c/o Air port Authority
2005 Mainsai l Drive
Naples, FL 34114
Attn : Andrew Bennett, Executive Manager
Phone : (239) 252-8425
Email: Andrew.Bennett@colliercountyfl.gov
B. All notices required or made pursu ant to this Agreement by Owner to Contractor shall be
made in writing and shall be deemed du ly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the foll owing :
DEC Contracting Group, In c.
1560 Matthew Drive, Ste. B
Ft. Myers, FL 33907
Attn : Erika Bodenstei n, Vice President
Phone: (239) 332-4322
Email: Erika@deccontractinq.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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Page 5564 of 6405
Se ction 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 publ ic 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 ins. 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 val id 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 As sig ns .
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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Page 5565 of 6405
Section 15 . Chang e Order Auth orization.
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 doubtfu l 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 fo r the benefit of one of the parties shall be construed against the
benefited party) shall not be applied to the construction of t h is Agreement.
Sec ti on 17. Order of Precedence
In the event of any co nflict 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 t he 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
incl uding 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 st rict o r costly obligation under
the Contract Documents upon the Cont ractor at Owner's discretion.
Remainder of pag e i ntentionally left bl ank
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Page 5566 of 6405
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
0 WITNESSES : n • L .~
FIRS ITNESS
Kej i t'\O.. L . Uc.-.-"Y"i
Print Name
h); \ f>J'C>. M Q_ci ~~
SECOND WITNESS
\;;DRII\N t\ QC, L ~1.N
Print Name
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller ,.. '":,..'\ ~
"'\
.~J • . ..,
BY : .=;J~~~~~~~~=C, __
::c_· an 's
nature only L1ii
~3
Approved ••12rr
_c,~;.rLJ~_County Attorney
;S4ifi2/~2=__
Print Name
CONTRACTOR :
DEC Contracting Group, Inc .
By: £1b:d~ Yf?ItuU
f v\ \L-Y-\-16cxkr:6tc,u ) \J , ?.
Print Name and Title
Date:i •@~ ·~3
OWNER :
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA
BY:
RICK LOCASTRO, Chairman
Page 5567 of 6405
EXHIBIT A-1 : CONTRACTOR'S BID SCHEDULE
(FOLLOWING THIS PAGE)
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Page 5568 of 6405
23-8120 B ulk Aircraft Hangar at Marco Is land Executive Airport (MKY)
B id Schedule
DESCR IPTION OF WORK
1.0 GENERAL REQUI REMENTS
1.1 General Conditions
GEN ERAL REQU IREMENTS · TOTAL
2.0 GEOTECHNI CAL
Surcharging Site
GEOTECHN I CAL • TOTAL
3.0 SITE WORK • Documents prepared by Hole Montes, Inc.
C-102
C-105
Section 120-4
Section 120-6
Section 522-1
T-904
F-162
0-701
Section 425-1
SITE WORK· TOTAL
Installation and Removal of Silt Fence
Mobillzatlon
Subsoil Excavation
Embankment
Co ncr ete for Sidew al ks (4")
Sodding
Installation of Fence
12"x18" Cl3 ERCP
FOOT Type 'C' Inlet
Utility Sltework
4.0 BUILDING · Documents prepared by SchenkelShultz
Concrete
Site Assessment (includes Surveying, Material Testing, Pest Control)
Metal Building System (includes all building components, doors)
Plumbing
HVAC
Electrical (including charging stations)
Oata/Telecommunlcatlons/Security
BUILDING -TOTAL
S.O OWNER'S ALLOWANCE•
TOTAL BI D
UNIT
UNIT
LS
UNIT
LS
UN IT
LF
LS
CY
CY
SY
SY
lF
LF
EA
LS
UNIT
LS
LS
LS
LS
LS
LS
LS
QlY COST
QlY COST
1 $375,832.67
QlY COST
$ 359,992.98
QlY COST
665 $3.60
1 SS9,998.83
300 $13.20
710 $63.60
5 1 $228.00
1024 $8.90
51 $235.29
39 $138.00
1 $12,599.75
1 $13,439.74
QlY COST
1 $443,871.34
1 $35,999.30
1 $1,125,626.04
1 $20,072.01
1 $177,596.54
1 $123,347.99
1 $59,998.83
TOTAL
TOTAL
$ 375,832.67
I s 375,832.67 !
TOTAL
s 359,992.98
I s 359,992 .98 1
TOTAL
s 2 394.00
s 59,998.83
s 3,960.00
s 45,156.00
s 11,628.00
s 9,113.60
s 11,999.79
s 5,382.00
s 12,599.75
s 13,439.74
I s ns,611.11 ,
TOTAL
s 443,871.34
s 35,999.30
s 1,125,626.04
s 20,072.01
s 177,596.54
s 123,347.99
s S9,998.83
I s 1,9a6,s12.os I
I s 16s.000.00 I
I s 3,063,009.41 I
•own•r's Allowance is for Owner Use as Directed. This Allowanc• will b• used only at th• 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 th• Contractor will b• paid any portion or th• full amount of the
Allowance. Expenditures of Owner's Allowance will b• made th rough Ch ange Order wit h p roper documen tation of Time an d Materials supportin g the ch ange.
Page 5569 of 6405
EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM
(FOLLOWING THIS PAGE)
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Page 5570 of 6405
F ORM 1 -BJD RESPONSE FORM
BOARD OF COUNTY CO MM ISSIONE RS
COLLI ER COUNTY , FLORIDA
BULK AIRCRAFT HA NG AR AT MARCO ISLAND EXECUTIVE ArRPORT
810 NO. 23-8 120
Full Name of Bidder DEC Contracting Group, Inc.
Main Business Address I S60 Matthew Drive, Ste B
Place of Business Ft. Myers, FL 33907
Telephone No. _2_3_9_-3_32_-_4_32_2 _______ r,ax No. 239-332-0180
State Contractor's License II CGCI 526430 ----------------------------
State of Florida Ce11ificate of Authority Document Number_P_l~4-00-0~P-2~P ... 2~44~----------
Fedcral Tax Identification Number_~46~-.... 4 ... 9=-34~7~0""1 ___________________ _
DUNS II 079391270 CCR# ________ Cage Code _7~4~U~A~6~----
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 arc those named
herein, that this Bid is submitted without collusion with any other person, finn, or corporation; tha t 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 o f constructi on, includ ing ut il ity
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 for1h, 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 fo ll owing Bid Schedule:
Un it p rices sha ll b e p rov id ed in no mor e l hnn t wo deci mal points, nnd in the case wh ere furt her decimal points
n r e ina d ve r te ntly p rov id ed, r oundi ng t o two dec im al points will be con du cted by Procurement Services Div ision
st11 ff.
Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached lo
the Bidding Documents with in ten (I 0) calendar days and deliver the Surety Bond or Bonds and Insu rance Ce11ificates
as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event
the Agreement, Insurance Cc11ificates, and Bonds are not execu ted and de live red to Owner with in 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 fai ls 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 Successfu l Bidder in the
event it fails to execute and del iver the Agreement, Insurance Certificates, and Bonds as required hereunder. The
Successful Bidder hereby expressly waives and relinquishes any righ t which it may have to seek to characterize the
Construction Solicitation Doc rev 04152022 CAO
Page 5571 of 6405
nbove-noted liquidated damages ns a penalty, which the pnrties ngree represents a fair and reasonable estimate of
Owner's actual damages at the time of bidding if the Successful Bidde r titils 10 execule ,md de liver the Agreemen t,
I nsurnnce Certificates, and Bonds in a timely manner.
Upon r~ceipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work
at the site within five (5) cnlendnr days from the commencement date stipulated in the written Notice to Proceed unless
the Project Manager, in writi ng, subseque111 ly notifies the Contractor of n modified (later) commencement date. TI1e
unders igned furthe r agrees to substontially complete all work covered by this Bid within two hundred nnd 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 acccptnnce by the Owner within thirty (3 0) consecutive calendar days
after Substantial Completion , computed by excluding commencement date and includ ing the last day of such period.
Accc ptn11 ce nnd ncknowl cdgc cl by 11 11 Au thorizrd Age.n t
-r: 2v-() () J
Sig11ature~:wwr~ /\..__,I
Title: Vice President
Dat e: May 23, 2023
Construe/ion Solicitation Doc rev 04152022
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Page 5572 of 6405
FORM 2 • C ONTRACTOR'S KEY P ERSONNEL ASSIGNED TO THE PROJECT
B ULK AIRCRAFT HANGAR AT MARCO ISLA ND EXl:CUTfVE AIR PO RT
BID NO. 23-8 120
Nam e
B rad Ninkovi ch
Erika Bodenstein
Cons truction Solicitation Doc re v 04 152022
Personnel C atego1y
Construction Superintendent
Project Manager
Page 5573 of 6405
FORM 3-MATERI AL MANLJfi'ACTU RER S
THIS FORM MUST BE COMPL ETED OR BID MAV BE DEEMED NON-RESPONS IVE
All Bidders shall confirm by signature that they will prov ide the manufacturers and materials outlined in this Bid
specifications, including compliance with Florida Statute 255.20 to provide lumb er, timber and other fo rest product s
produced and manufactured in the State of Floridn as long as the price, fitness and quality are equal. Exceptions (when
equa ls are acceptable) may be requested by comp leting the Material Mnn ufacturer Exception List below. If an
exception for a manufacturer and/or mat erial is proposed and listed below and is not approved by Engineer/Project
Manager, Bidder shall furnish the manufocturer named in the specification . Acceptance of this form does not constitute
acceptance of material proposed on this list
Complete and sign section A OR 8.
Section A (Acceptance of all manufactures and mnterials in Bid specifications)
On behalf of my firm, I confirm that we wi ll use al l manufactu rers and materials as specifically outlined in
the Bid specifications.
Date: May 23, 2023
Sec tion B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
I.
2.
3.
4.
5.
Please insert additional pages as necess11ry.
Company: _____________________________ _
Signature: ______________________ _ Date
Construction Solicitation Doc rev 04152022
----
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Page 5574 of 6405
FORM 4 • LlST OF MAJOR SUBCONTRACTORS
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RES PO NSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major cntegories outlined in
the requin:menls 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,
certificalions, registrations, and insurance coverage. The Owner reserves the right to disqualify any Bidder who
includes non -compliant or non -qualified Subcontractors in its bid olTcr. Further, the Owner may direct the Successful
Bidder to remove/replace any Subconlraclor, al no additional cost lo Owner, which is found to be non-complinnl with
this requirement either before or afier the issuance of the Award of Contract by Owner. (Attach additiona l sheets as
needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordan ce wi1h the requirements of the Contract Documents, lhe Successful Bidder shall identify nil Subcon tractors
it intends to use on the Project. The undersigned further agrees that all Subcontractors subseqnentJy identified for any
portion of work on this Project must be qualified as noted above.
Major Category of Work Subcontractor and Address
I. Electrical Whidden Electric Inc .• Lehigh Acres, FL
2. Mechanical Breezy Cool • Uclray ljC0Cll, I' L
3. Plumbing Indigo Plumbing -Fl. Myers, FL
4. Site Work B-Rock Solid· Fl. Myers, FL
5, Identify other subcontractors Trident Building Systems -
that represent more than 10% Snrnsotn , FL
of price or that affect the
critical path of U1e schedule.
Dale : Muy 23, 2023
Construction Solicitation Doc rev 04152022
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Page 5575 of 6405
FORM 5-STATEMENT OF EXPERillNCE OF BIDDER
THIS FORM MUS T BE COMPL ETED OR BID MAY BE DEEMED NON-RESPO NS IVE/NON-
RESPO NS IBLE.
The Bidder is requ ired provide five (5) project references, stated below, of what work of similar magnitude
completed within the last five (5) years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of the Agreement.
I.
2.
3.
Key West by the Sea, Bldg. A, Phase 2
(project name)
Key West, FL
(project location)
_Residential Sound Insulation Program
(project description)
09/2021 -05/2022 $ 3,814,607.9t
(project start/completion dates) (con tract value)
Hodges Un iversity
(project name)
4501 Co lonial Blvd., Fr. Myers, FL 33966
(project location)
Health Sciences Bu ilding Alterations
(project description)
I I /0 l /2019 -05/28/2020 $ 1,665,632
(project start/completion dates) (contract value)
RCMA Phase I and Phase 2
(project name)
lmmokalee, FL
(projecl location)
..,K;.S 3rd Floor Renovations & Interior Alterations
(project descript ion)
I 0/2021 -0 I /2023 $ 795,257
(project start/completion dates) (contract value)
Construe/ion Solicitatfon Doc rev 0 4152022
Monroe County BOCC
(project owner)
110 Simonton Street, Key West , FL 33040
(Owner's address)
Dale G_ri_fli~m ______ Construction Manager
(Owner's contact pe rson) (title)
407-4S6 -2441
(phone)
__d.griffin@thcinc.net
Hodges University, Inc,
(project owner)
2647 Professional Circle, Naples, FL 341 I 9
(Owner's address)
Skip Camp
(Owner's contact perso n)
Facilities Director
(title)
239-938-7700 scamp@hodges.edu
(phone) (email)
Redla1 1ds Christian Migrant Association
(project owner)
402 W. Main St., Immokalee, f'L_3_4_1_4_2 ____ _
(Owner's address)
Mike Facundo Architect
(Ow ner's contact person) (title)
239-658 -3560
(phone)
mike@hfarchitccts.net
(email)
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Page 5576 of 6405
4.
5.
FORM 5-STAT EMENTOF EXJ'ERIENCE OF BIDDER
_ Gateway Sludge Loading
(prqject name)
Lee County BOCC
(project owner)
~L~ee __ C""'o~u~n~ty_F __ l..c.o~ri=da~-----------2120 Main St., Pt. Myers, FL 3390 1
(project loca t ion) (Owner's address)
Pre-Engineer Metal Bldg. fo r S ludge Loading
(project description)
03/2022
(project completion date)
Mariner tvliddlc School
(project name)
_Qi_pe Coral. FL
(project locat ion)
Single Point Emry
(proj ect d escript ion)
11/2022
(project completion date)
$ 369,995
(contract value)
S 126,965.22
(contract value)
Ross Hackethal Professional Engin eer
(Owner's contact person) (title)
.2.39 -206-5095
(phone)
rhacket hn l@ dr111 11.com
(email)
School Board of Lee County Florida
(project owner)
3308 Canal Street, Ft. Myers, FL 33916
(Owner's address)
Matthew Burbach Project Manager
(Owner's contact person) (title)
239-4 79-4207
(phone)
matthewbu@lecschools.net
(email)
Date: Moy 23, 2023
Construction Solicitation Doc rev 04152022
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Page 5577 of 6405
FORM 6 -TRENCH SAFETY ACT
THIS FORM MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPO NSIV E.
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price arc costs for complying with lhe Florida
Tnmch Safety Act (90-96, Laws of Florida) effective October I, 1990. The Bidder further identifies the cost to be summarized below:
I.
2.
3.
4.
5.
Trench Safety
Measure
<Descrj ptjon}
NIA
Units of
MeaslU'e
~
NIA
Unit
(Quantity)
NIA
Unit
Cost
NIA
Extended Cost
NIA
TOTAL$ _________ _
Complmy: _;½;;....E;;....•C __ c-'-h"->n-tr_ae_;~.;..i-,<..Gr..;..~c..;.:?:=....1Uc.:.,.c..In_.e;._. --. ---------------
Signature: -r(;;,-=...,,,..__..Q__.~O..~_.,_t,..,_~,_,_--E=>,=...;:;;._-==-------Date: Mny 23 , 2023
Construction Solicitation Doc re v 04152022
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Page 5578 of 6405
FORM 7 • HID BON D
TH IS FORi\l l'VIUST BE COMPL ETED OR BID MAV OE D EEi\HW NON-RESPONSIVE/NON•
RESPO N ISBLE
KNOW ALL MEN BY TH ESE PRESENTS. lhal we DEC Contracting Group, In c.
(herein after called the Principal) and
The Ohjo Casualty Insurance Company . (herein ca l led the Surety), a corporation cha11ered and
existing under the laws of the State of New Hampshire wllh its principal offices in lhc city of~M=a=h=w=a~h~N=J~----
and authorized 10 do business in the State of Florida are held and firmly bound unto the
Collier County Procurement (hereinafler called lhe Owner). in lhe full and jusl sum
of Five Percent o/ lhe Amounl Bid dollars($ 5% } good and lawful money of
the Uni te d States of America, to be paid upon demand oflhe Owner, to which payment well and truly lo be made. the
Principal and the Surety bind themselves, their heirs. and exec utors, administrators, and assigns, jointly and severally
and firmly hy these presents.
Whereas. the Principal is about 10 submit, or has submit1ed 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 Ai rc raft H1111gn r nt Marco Island Exec utive Airport.
NOW, THEREFORE. if the Owner shall accept the Bid of the PRINCIPAL ancl the PRINCIPAL shall enter into the
required Agreement wilh the Owner and within ten days after the date ofa wri tt en Nol ice of Awarll in acconlance with
lhe 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 Contrnct Documen ts with goocl and sufficien t surety for the faithful performance of the Agreement
amJ for the prompt payment of labor. materials, and supplies furnished in the prosecution thereof or, in the event of lhe
failure oflhe PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required
cenificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE th e fixed sum of$ ~::=;,•~,~; ni'>ted aboy,e . . 1 :
as liquidated damages, and not as a penalty, as provided in lhe Bidding Documents , then this obligation shall ~e mill an~ / ·,
void, otherwise to remain in fu ll force and effect. . ,.• 1 , ::. '. ,I
I• ·\ ,i '•• ,
IN TESTIMONY Thereof, the Principal and Surety ha ve caused these presents to be duly signed anu s~a1~{thl~ .-·
~ day of May , 20 23 :,_.• r, f . /
'~:· :' 1-: \ ::_:
, 6 a 1. I
. .':. ·, i .. ·, .... PrmS:tp(I! •. '.,; ,.. I
• :. •• •• ( 1 ·,
•/.'• (Sea l)• •,, ', ,. ' . ) ......
l • / -, -
su~t~ •·
BY
C
Countersigned
Appointed Producing Agent for Jbe Ohio Cnuany 1aa11caace company
., . '
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Page 5579 of 6405
CONSENT OF SURETY
KNOW ALL MEN BY THESE PRESENTS , that for and in consideration of the sum of$1.00
lawful money of the United States of America, the receipt whereof is hereby acknowledged, paid
the undersigned corporation , and for other valuable consideration The Ohio Casualty lns ur ance
Compan y, incorporated organized and existing under the laws of the State of New Ha mp s hire
and lice nsed to do business in the State of Florid a, certified and agrees, that if the contrac t for
the Colli er County Procurement, FL -Bid No. 23-8 12 0 Bulk Aircr aft Hangar at Mar co
Is land Executi ve Airport is awarded to DEC Con t ractin g Group , In c., the undersigned
Corporation will execute the bond or bonds as required of the conh·act documents and will
become Surety in the full amount set forth in the contract documents for the faithful perfonnance
of all obligations of the Contractor.
Signed and sealed this 91h day of May 2023.
Th e Ohi o Cas ualty In sura nce Company
By :~~~---..,_;:D~. -'<--if!.l.f1W1
olernan, Attorney-i.n-far.t
Zachary Rosenthal, As to Surety
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Page 5580 of 6405
COR PO RATE ACKNOWL EDGMENT
State of~s:)\A,Q..,C\.,
County of '-.... ~ ......... J:J--~-----
On this 9th day of May 2023, before me personally came
'r >L~ ~o.......};)ro.Rt\>t,"St:J.~Y\ to me known , who being by me duly sworn , did
' "'· • \hr 1 \?:o. & DI-cl-:~r-t's depose and say that he /she is the -of
DE C Con tracti ng Group, Inc . corporation described i n 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 I .() I '::1 \~ I e \
~~,a.f'C\M ~c b'Y--=
Notary P ub lic
DOR IAN MCCLAIN
Commission # HH 273324
Expires June 7, 2028
CA.0
Page 5581 of 6405
SURETY ACKNOWLEDGMENT
State of -----'-N"'"'ec..a.w.a......a..J"""er'""s'""e_.y _____ _
County of ___ M_i_d_d_le_s_e_x _____ _
On this 9th day of May 2023
Before me personally came Che ry l R. Colem an to me known, who being by me duly
sworn , d id depose and say that he/she is an Attorney-in-Fact of
The Oh io Cas ualty In surance Com pa ny the corporation described in and which
executed the within instru ment; that he/she knows the corporate sea l 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 .
Page 5582 of 6405
~Li b e rtx \P Mutual.
SURETY
This Power of Attorney llmlts the acts of lhose named herein, and lhey have no aulhorlly to
bind tho Company except In lhc manner and to the exlonl herein staled.
Liberty Mutual Insurance Comp any
The Ohio Casually Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Cer1ificale No: 8206800-969516
KNOWN ALL PERSONS BY THE~E PRESENTS: Thal The_ Ohio Casually Insurance Company Is a co,poratlon duty organized under lhe laws of lhe State ol New Hampshire. that
liberty Mutual Insurance Company Is a c~ratlon ~uly organized ~nder the la~ of the Slale al Massach~tts, a~ Wesl American Insurance Company Is a corporation duly organized
under lhe laws of lhe S_tate 01 Indiana (here in ~llectively called the Companies), pursuanl to and by authonly herein set forth , does hereby name, constitute and appoin t, Cheryl R.
Coleman ; Marc J. M1chalcwsky; Ma ry J. D Amato; S3ndra A. Pace; Thomas True; Zachary J. RoscnIhal
al of the city 01 Westfield . slate of NJ each i1<f'IYidually ff !here be more lhan ooe named, Its true and lawful attorney-in-fact IO ma~e.
execute. seal, acknowledge and deliver, for and on its behalf as sl.ll'ely and as ~s act and deed, any and all undertakings, bonds, recognizances and other surety obligalions, in pursuance
of these presents and shai be as binding upon lhe Companies as ~ they have been duly signed by the presldenl and anested by the secretary of the Companies In their own proper
persons
IN WITNESS WHEREOF, lhis Power of Attorney has been subscribed by an aul/\orized officer or official of the Companies and the corporale seals or tho Companies have been affixed
thereto 1111s ~ day of November , ~-
l iberty MJtual Insurance Company
The Ohio Casualty lnsuranco Company
West American Insurance Company
~ s,,~fo .~~
C ~..,..,.,-:--:;,----~~-:-c-=------------l
0 g_ni ::g-; State o/ PENNSYLVANIA David M. Garey, Assistant Secretary .S §
Cl> g, Goully of MON TGOMERY ss 5 E
hQ) .. ._ ::, On lhis ....!!.!!!._ day of November , 2021 before me personally appeared David M. Carey, who ad<r,owtedged himself to be lhe Assistant Secretary of liberty Mutual Insurance rJ v ~ 'iii Company, The Ohio Casually Company, and Wesl American Insurance Company, and that he, as such, being authorized so 10 do, execute lhe foreg oing instrument for the purposes !e g
~ ,:: therein conlained by signing on behalf or the corporations by himsett as a duly authorized officer. ~
Q)ffl ~ -. .g IN WITNESS WHER EOF, I have hereunto subscribed my name and affixed my notarial seal al King of Prussia , Pennsylvania, on the day and yea, firsl above written. ~ c ·-Qw
ffl~ ~--------,-, ~o .Q ._ """'-•1111 a! p.,.,,yt,> ... • ""'"' s .. , ';'.::
ai O Ttt111Pa1,e1.1,NOt1ryf\lbrc ~ d a,E·~
_ Gl Mon1gomo,y Coun1y {I/,~. . , ii -I-✓I E
o.., ~ ~ Mr--••pi/es,.._2&,202s By:~ ~ ~ ... ell ': ~ ... CC><MI"""" ,._,. ,2-r <(
o, -~ ~~•' ~ '·'•"'"''· P•""""''"'' "'""'"..,,., Not,.., eresa Pastella , Notary Public ,_ o
O)~ 4~ {YU',S 0~
C'O ~ '-N .g> ,S! This Power of Allorney ls made and executed pursuant IO and by aulhority of the folow;ng By-laws and Authorizations 01 The Ohio casualty Insurance Company, Liberty Mutual r "?
~ .S_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as lollows: ~ ~
... 2 ARTICLE IV-OFF ICERS: Section 12. Power of Attorney. o 0 .E ~ Any officer or other official of Ille CO(J)Olation authorized for thal p1Kpose In wntng by Ille Chairman or lhe Pres!den~ and stbject lo such imitalion as lhe Chairman or lhe =o .-
;g i:j' President may prescribe , shall appoinl such attomeys-ln-facl, as may be necessary 10 acl in behalf of lhe Corporation IO make , execute, seal, ad<no-Medge and deliver as surely ~ ~
~ c any and all undertakings, bonds, recognizances and olher surely obligalions. Such attorneys-in-fact, subject to the limitations sel forth in their respective powers ol attorney, shall "O rJ
-~ have full power to bind the Corporation by their signature and execulion or arr, such Instruments and 10 attadl !hereto lhe seal 01 lhe COlpora~on. When so executed . such .8 a, ~ B lnstrumei,ls shall be as binding as a signed by the President and attested to by the Secrelary. Any power or authority granted to any rep<esentative or attomey-in-facl under Ille ... ::l
provisions of this article may be revoked at any time by the Board, the Chairman, the Presldenl or by the officer or officers gran~ng such power 0< authority. ~ ~
ARTICLE XIII-Execution of Contracts: Section 5. Surety Bonds and Undertakings
Any officer of lhe Company aulhorized for that porpose In writing by the chairman or the president, and subiect to such limilations as the chairman or the presidenl may prescribe.
shal appoinl such allOmeys-in-fact, as may be necessary IO act in behalf o/ the Company to mal<e . execute, seal, acknowledge and delfver as sU<ely any and au undertakings.
bonds, recognizances and other surely obligations. Such attomeys-in-lacI subject to Ille ~mitations set fonh in !heir respecwe powers or anomey, shall have full power lo b(nd the
Company by their slgna lure and execution or any such instruments and lo attach thereto the seal of the Company. When so executed such inslrumenls shafl be as bimlng as n
signed by the president and attested by the secrelary.
Cer1lflcalo of Dnlgnalion -The President of lhe Company, actJng pmuant t~ Ille Bylaws of the Company, authorizes David M. Carey, Assistant Sectelary IO appoinl such attorneys-in-
facl as may be necessary to act on behalf of the Company to make, execule, seal, ad<nowledge and deliver as surety any and all undertakings, bonds , recognizances alld other surely
obligations.
Authorlullon -By unanimous consenl of the Company's Board of Olreclors, lhe Company consen1S that tacsimle or mechanlcal y reproouced signalufe o/ any assistanl secrelary of the
Company, wherever appealing upon a certified copy of any power of attorney Issued by the Company in connection wilh surety bonds, shan be valid and binding upon the Company wilh
the same force and effect as lhough manualy affixed.
I, Renee C. Llewellyn , the undersigned, Assislant Secretary, The Ohio Casualty Ins urance Company. liberty Mulual Insurance Company, and West American Insurance Company do
hereby certify that Ille 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 ;n full force and effecl alld
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals ol said Companies this~ day of _...:c.N;.::.13,._y __ , ~
LMS•l2e73 LMICOCIC WAIC M<AtJ Co O'll21
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Page 5583 of 6405
~Lib ert): \P Mutual.
THE OHIO CASUALTY INSURANCE COMPANY
FI NANCI AL STATE1'1ENT -DECEMBER 31, 202 1
SURETY
Asse ts
Cash and Bank Deposi1s ......................................... S 134,628,4 IO
*Bonds -U.S Govemmenl..................................... 1.015.453,874
•Q1her Bonds ............................................................ 4,501,743,412
•s1ocks ..................................................................... 268,876,063
Real Estate .............................................................. O
Agen1s' Balances or Uncollected Premiums ........... 812,483,102
Accrued ln1eres1 and Rents..................................... 33,044,141
Other Admiued Asscls ............................................ 1,691,401,219
Total Atlmittrd Assets .................................... 5.8,463.930,36 1
LIRbilities
Unearned Premiums ................................................ $1,457,114,535
Reserve for Claims and Claims Expense ................ 4,044 ,665,363
Funds Held Under Reinsurance Trea1ies ................. 0
Reserve for Dividends to Policyholders ................. .
Addi1ional Statutory Reserve ................................. .
Reserve for Commissions, Taxes and
276,207
0
Other Liabi liti es................................................ 460,636,079
Tota l ................................................................. SS,962,692,184
Special Surplus Funds................. S 28,510,778
Capital Stock .............................. . 4,500.000
Paid in Surplus............................ 738,183 ,897
Unassigned Surplus .................. .,. 1,730,043,502
Surplus to Poli cyholde rs ................................ 2,501,238,177
Total Li abilities anti Surplu s ................................ S8 463 9301361
• Bonds arc stated al amortized or inveslmcnt value; Stocks al Associalion Market Values.
The foregoing financial info1mation is ta ken from The Ohio Casually Insurance Company's financial
sta temenl tiled wllh the stale of Ohio Depanmcnt oflnsurnnce.
I, TIM M!KOl,AJEWSKI, Assistant Sccrc1ary ofThe Ohio Casualty Insurance Company, do hereby cer1ify tha1 the foregoing is a true, and
correct s1a1emcnt of the Assets and Liabilities of said Corporal ion, as of December 3 1, 2021, to 1he best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereumo set my hand and affixed 1he seal of said Corpora1ion at Seattle, Washington, this B"' day of
March, 2022 .
Assistant Secretary
S· 12620CIC/a 3112
Page 5584 of 6405
FORM 8 • INS URANCE AND BONDING REQUIR EMENTS
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 , nil 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.
Certi ficates 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 Linbility Policy provided by Vendor lo meet the requirements of this soli citation shall name Collier
Co unty, Florida, as an additional insured as to the operations o f Vendor under this solicitation and shall contain a
scverability of interests provisions.
The Certificate Holder shall be named as Collier County Board of County Commiss ioners, OR , Board of County
Com missioners in Co ll ier County, OR Collier County Government, OR Collier County. The Certificates ofinsurance
must state the Contract Number, or Project Number, or specific Project description , or mast read: For any end all
work pe1formed on behalfofCollier County .
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in FORM 8 wi th
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 ident ify on
the Certificate of Insurance the nature and amoun t of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured re tentions or deduc tibles will be
Vendor's sole responsibility.
Coverage.W, 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 thi11y (30) days written notice to the County of poli cy
cancell ation 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 requi rement to provide notice. In the event of a reduction in the aggregate limit of any
po li cy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate li mit reinstated
to the full extent permitted under such policy.
Should at any time the Vendor not maintai n the insurance coverage.W, requ ired herein , the County may terminate the
Agreemen t or at its sole discretion shall be authorized to purchase such coverage.W, 11nd charge the Vendor for such
coverage.W purchased. lf Vendor fails to reimburse the County for such costs within thirty (30) days after demand,
the County lrns the right to offset these eos1s 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
sh all it be responsible fo r the coverage!fil purchased or the insurance company or companies used. The decision of
the Cou nty to purchase such insurance coverage.W shall in no way be construed to be a waiver of any of its rights
under the Con tract Documents.
If the initial or any subsequently issued Certificate oflnsurance expires prior to the completion of the scope of work,
the Vendor shall furnish to the Cou nty renewal or replacement Certificate(s) of Insurance not later than ten ( I 0)
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.
CAO Page 5585 of 6405
In s urance/ Bond T ype
I. C8J Worker's Compensation
2 . 181 Employer's Liability
3. 181 Commercial General
Liability (Occurrence
Form) pullernecl after the
current ISO form
4. (gj lnclemnification
5. 181 Automobi le Liability
Collie r Cou nty F lorida
Ins ura nc e nnd Bondin g R equi rements
Re q uired Limit s
Statutory Limits of Florida Statutes, Chapter 440 and all Federnl Government
Statutory Limits and Requirements
Evidence of Workers' Compensation coverage or a Cel1ificnte of Exemption issued
by the State of Florida is required. Entities thllt are formed as So le Proprietorships
shall not be required to provide a proof of exemption. An npplication for exemption
cnll be obtained online at https://apps.ndfs.com/bocexempt/
$_1 ,000,000 __ single limit per occurrence
Bodily Injury and Property Damage
S_l ,000,000 ____ single limit per occurrence, $2,000,000 aggregate for Bodily
Injury Li11bility and Property Dnmnge Linb ility. The General Aggregate Limit Shall
be endorsed lo 11pply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
To the maximom extent permitted by Florida law, the Contractor/Vendor shall
defend, indemnify and hold hannless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fee.~ and paralegals' fees, to U1eextent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone
employed or utilized by the Conlroctor/Vendor in the performance of this Agreement.
$_1,000,000__ Each Occun-ence; Bodily Injury & Prope11y Damage.
Owned/Non-owned/Hired ; Automobile Included
G. C8J Other insurance as O Watercraft
noted ;
$ ____ Per Occu11'ence
0 United States Longshoreman's and H«rborworker's Act covernge shall be
maintained where applicable to rhc completion of the work.
$ ____ Per Occurrence
0 Maritime Coverage (Jones Act) sha ll be maintained where applicable to the
completion of the work.
$----Per Occu1Tcnce
0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000
each occnrrence if npplicable to the completion of the Services nnder this Agreement.
$ ____ Per Occu1Tence
0 Pollu1ion S ____ Per Occurrence
D Professional Liability $ _____ Per claim & in the 11ggrcgate
181 Excess Covcrnge/U m br ell a
D Valuable Papers lnsnrance
0 Cyber Liability
0 Technolo: Errors & Omissions
$3,000,000 Per Occurrence
S ____ Per Occurrence
$ ____ Per Occurrence
$ ____ Per Occurrence
CAO
Page 5586 of 6405
7. 181 Bi d bond
8. !8:1 Pe rforma nce and
Paymenl Bonds
Shall be submitted with proposal response in the fo rm of ce1tified funds, cashiers '
check or an irrevocable letter of credit, a cash bond posted with the Cou nty Clerk, or
proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made
payable to 1he Collier Cou nty Board of County Commissioners on a bank or trust
company located in the State of 171orida and insured by the Federal Deposit Insurance
Corporation.
For projects in excess o f $200,000, bonds shnll be submitted wit h the execu ted
contract by Proposers receiving award, and written for I 00% of the Contract award
amount, the cos! borne by the Proposer receiving an award. The Performance and
Payment Bonds sha ll be underwritten by a surety authorize d to do bus iness in the
State of Florida and otherwise acceplable to Owner; provided, however, the surety
shall be rated AS "A-" or better as to general policy holders rating and Class V or
higher ra ti ng as to fi nanci al size category and the amount required shall not exceed
5% of the rcpo1ted policy holders' surplus, all as repm1ed in Lhe most current Best
Key Rating Guide, published by A.M. Dest Company, Inc. of75 Fulton Street, New
York, New York 10038.
9. ~ Vendor sha ll ensure 1hal all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County wilh certificates of insurance meeting lhe requi red insurance
provisions.
10. ~ Collier County must be named as "A DDJTIO NAL INSURED" on the Insurance Ce11ificate fo r Commercial
General Liability where required. This insurance shall be primary and non-contributory with respect to any other
insurn 11ce maint·ained by, or availab le for the benefit of, the Additional Insured and the Vendor's policy shall be
endorsed accordingly.
11. 181 The Ce11i fi cate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Co ll ier County. The Certificates
ofinsurance mus t state the Contract Number, or Project Number, or specific Project description, or must read: For
any and all work performed on beha lfof Collier County.
12. ~ On all certificates, t he Ccr tifi cn te Holder must rea d: Collier County Board of Commiss ioners, 3295
Tam iam i Trail East, N~p les, FL 34112
13. (8J Thirty (3 0) Dnys Ca n cell ation Not ice 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 sha ll be bi ll ed to the project and the Contractor shall not incl ude B ui lders Risk premiums in its projecl
proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier
County Risk Management Division .
GG-3n0/23
Ven d or 's l nsu1 ·ancc Acce ptance
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 mus1 provide coverage for a minimum of six (6) months from the date of award.
CAO
Page 5587 of 6405
Procurement Services Division
FORM 9-C.:ONl'LI C I" 011 IN'ftftl!ST AFFIDAVIT
The Vendor certifies that, 10 the best of its knowledge nnd belief, the past and curren1 work on any Collier Co unty
project affiliated with this solicitat ion docs not pose an organizational con ni ct as describe d by one of the three
categories below:
Bia sed gr ound rules -The firm has not set the "ground mies" for affiliated past or current Coll ier County
proje ct identified above (e.g., writing a procurement 's statement of work, s pe cifications, or performing
systems engineering and technical direction for the procurement) which appea1·s to skew the com petili on in
favor of my fi rm.
Im paired objectivity -The firm has not performed work on an affiliated pa st or current Co llier Co unty
project iden lified above to evaluate proposals/ past performance of itself or a competito r, whi ch ca ll s int o
question the con1rac1or's ability to render im partial advice to the government.
Unequal accrss to inform:ition -The firm has not had access lo uonpubli c information as part of its
performance of a Collier County project identified above which may have provided the con tractor (or An
nflilinte) with :m unfair com petitive iidvantage in curren l or future solicitations and contracts.
In add iti on lo this signed nflid nv it , the conlrac1or/ve11clor must provide the fo ll owing:
I. All docnmenls produced as a resull of the work comple ted in ihe past or currently being worked on for the above -
mentioned project; and,
2. Indicate i fthe information produced was obtained as a matter of public record (in th e "su nshine") or throu gh non-
public (not in the ''sunshin e") conversatio n (s), meet ing(s), docu ment(s) mid/o r other means.
Failure to disclose all material or having an organ izat iona l conflicl in one or more of the 1hree ca1egories above be
idenlili ed, may result in the disqua lificalion for future solicitations aflilia1ed with the above-referenced project(s).
By the signa ture below, the firm (employees, o fficers and/or agen1s) ce11 ifies , end hereby discloses, th at, to th e best
of the ir knowledge and belief, all relevant facts conceming past, present, or currently planned interest or activily
(financial , contractual, organizationa l, or ot herwise) wh ich relate s to the projecl identifi ed abo ve has been fully
di sc losed and does 1101 pose an organizat iona l con flict.
DEC Contracti ng Group, Inc.
Signature
Erikn Bode11stl!in. Viet President
Pri nt Name and Title
S1a1e of Florida
Cou nty of~L""e""e ____ _
(Pri nt, Type, or StampCommi ssio ned Name o f Notary Pu blic)
~;.:;ly~ OR Produced Identification
________________ Ty pe of Identification Produced OORIAff MCCLAIN
Cornmi.alon#HH 273324
Explf1 • June 7, 2026
CAO
Page 5588 of 6405
Procurement SeNices Division
FORM 10 -VENDOR DECLARA TJON STATEMENT
BOARD OF COUNTY COMMlSSIONERS
ColJ ier County Govemment Complex
Naples, Floridn 34112
Dear Conun.issioners:
The undersigned, as Vendor declares that Ibis response is made without co1mection 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 inslructions, purchase order terms and conditions, requirements, and specifications/scope of work of this
solicitation have been fully examined and accepted .
The Vendor agrees, if th is solicitation submittal is accepted, to execute a Collier County document for the purpose of
establishing !l formal contructual relationship between the rum and Collier County, for the performance of nil
requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents
listed by the above-referenced Solicitation. Further, lhe vendor agrees th nl if nwn nlcd n contrnct for these good s
and/or services, the vendor will not be eligible to com11ctc, ~ubmit n proposal, be awarded, or p erform as n sub-
vendor for any future nssociatecl with work lhat is n resull of Ibis nwnrded contract.
IN WITNESS WHEREOF, WE have hereunto subscribed our nomes on this -1l__ day of~M~o_y ___ , 201_3in
the County of Lee , in the State o f Florida
Firm's Legal
Name:
Address:
City, State, Zip
Code:
Florida
Certificate of
Authority
Document
Number
Federal Tax
Identification
Number
•CCR# or
CAGE Code
•Only if Grant
Funded
Telephone:
Email :
Signature by :
(Typed and
written)
Title:
DEC Contrncting Group, Inc,
I SfiQ Matthew Prive Ste 6
Ft M)'CCS FL 33907
P14000020244
46-4934701
Cage Code 74UA 6
239-332 -4322
Vice Presidenl
CAO
Page 5589 of 6405
Send pa yments to:
(required if different
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Office servici ng Collier
Coun ty to place orders
(required if different
from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
Secondary Contact for
this Solicitation:
Ema il :
Ph one:
Ad di tional Co ntact In fo rmation
Company name used as payee
Douglas R. Masch II
doug@deccontracting.com
239-332-4322
CAO
Page 5590 of 6405
Procurement Services Division
FORM 11-IMM IGRATI ON AFFID AV IT CE RTIFTCATfO N
This Affidavit is required and should be signed, notarized by an autho rized principal of the firm and submitted with
forma l sol icitalion submittals. Further, Vendo rs are required to be enrolled in the E-Verify program, and provide
acceptable evidence of their enro ll ment, at the time of the submission of the Vendor's bid. Acceptable ev idence
consists of a copy of the properly completed .E-Vcrify Compnny Profile page or a copy of!he fully exec uted E-Verify
Memornndum ofUnderstand ing for the company which wi ll 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.
FA ILURE TO EX ECU T E THIS AFFrD AVlT CE RTJFI CATJON AN D S UB MIT WITH VEN DOR 'S
PRO POSAL/BID MA y D EEM n m: VENDOR NON-RES PONS IVE.
Collier County wi ll not inten tionally award County contracts to any Vendor who knowingly emp loys unauthorized
alien workers, const ituting a vio lation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and N.itio,rnl ity Act ("INA'').
Collier County may consider the employment by any Vendor of unauthorized aliens a vio lation of Sectio n 274A (e)
of the JNA. Such Violation by the rec ipient of the Emp loyment Provisions conta ined in Section 274A (e) of the !NA
shall be grounds for unilateral termination of the contract by Collier Cou nty.
Vendor attests that they are fully compliant with all applicab le immigration laws (specifically to the 1986 lmmigration
Act and subsequent Amendment(s)) that it is aware of and in compliance with the requi rements set forth in F lorida
St otutes §448.095, and agrees to comply with the prov isions of the Memorandum ofUnderstanding with E-Verify and
to provide proof of enrollment in The Emp loy ment Eligibility Verificatio n System (E-Verify), operated by the
Department of Homeland Security in partne rship wit h the Social Security Adm inistration at the time of submission of
the Vendor's proposal/bid.
Erika Bodenstein, Vice President
Print Name and Title
State of Flmida
County of_L""""ee"'-------
The fo regoing instrument was acknowledged before me by mea11,~ oz
th is ..E-day of ,'v\('':i, ,\ (mouth). ~[5)3(year), bYL.Cu_.A::..IL..:::~>...A:>~~.!=:a..,,,.~.L.l-__:.-
of person acknow ledging). C5;, .
-~~\ O,CC\J-1<.'. C1 n, 1))'=-,
P;~ OR Prod uced Identification
Type of Identification Produced
(Signatlll'e of Notary Public -State of Florida)
t>CJe:s:.~t\) WQ,L\\'3,,W
(Prinl, Type , or Stamp Commissioned Name ofNota1y Public)
DORIAN MCCLAIN
Comml$$lon # HH 27S324
1:XJ)lres June 7, 2026
CAO
Page 5591 of 6405
FORM 12 • BIDDERS CHECKLIST
IMPORTANT: No bid shnll be co nsidered unless it is m nde on un11ltc red Bid forms which a re included in the
Biddin g Documents. Please read carefully, sign in the s paces indicated , and !!ill!!!! with your Bid. FAILURE
TO PROVIDE THE BID DOCUMENTS MAY B E GROUNDS T O D EEM YOU NO N-RESPONSIVE/NON-
RESPONSIBLE.
Didder should check off each of the fo llowing 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. B id Schedule has been completed and attached.
S. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. The following online standard documents havu been reviewed and accepted in DidSync:
a. Construction bid instructions form
b. Construction services agreement
c . Purchase order terms and condi tions
8. All of the following bid fonns have been completed and signed:
a. B id Form (Form I)
b. Contractors Key Personnel (Form 2)
c . Material Manufacturers (Form 3)
d , List of Major Subcontractors (Form 4)
e. Statement of Experience (Form S)
f. Trench Safety Act (Form 6)
g. Bid Bond Form (Form 7)
h. Insurance and Bonding Requirements (Form 8)
i. Conflict of Interest AITidavit (Form 9)
j , Vendor Declaration Sta tement (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 requ ired professional licenses -val id and current (myfloridalicense.com)
(i.e., General Contractor's license, Underground Utility, and Excavation, Builders,
Trade Contractors, etc., as applicable, requested, and/or required.)
c. Vendor W-9 Form
JO . If required, the amount of B id 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 nnd time, otherwise,
the Bid cannot be considered.
CAO
Page 5592 of 6405
Co~r County Email : matthew.ca l oe@colliercountyfl.gov
Telephone: (23 9) 252-6098
Procurement Services Division
Date:
From:
T o:
Adde ndum #1
Apri l 27 , 2023
Matthew Catoe, Procurement Strategist
Interested Bidders
S ubj ect: Addendum # I Solicitation 23 -8120 Bulk Aircraft Hangar at Marco I sland Executi ve
Airport (MK Y)
The followi ng clar ificat ions are issued as an addendum:
Chan ge 1:
Addition: M arco Island Executive Airport Bulk Hangar Construction Documents -Door
Hardware Set shown below per ques tion 1.
Jfyou require additional information, please post a question on our Bid Sync (www.bidsync.com) biddi ng
platfor m under the so l ici tation for this project.
Please s ign below and return a copy of thi s Add endum with your s ubmittal for the ab ove
referenced solici tat ion. t::~ May 23. 2023
(Sature) Date
DEC Contracting Grou p, Inc.
(Name of Fi1111)
CAO
Page 5593 of 6405
Marco Island Executive A irport Bulk Hangar
Construction Documents
DOOR HARDWARE SET
Door~101A,101~ 101C,101D
Description: EXTERIOR EXIT DEVICE W/ CARD ACCESS
3 Hinge , Full Mortise, Hvy Wt T4A3386 NR P
1 Rim Exit Device 7160 WS B MELR MO626F
1 Cylinder UL 437 Medeco
Surface Closer UNl4400
Kick Plate K1050 8" x LAR
Threshold 2005AT
1 Gasketing 303AS
1 Rain Guard 346C
Sweep 315CN
ElectroLynx Harness (hinge) QC-CxxxP
ElectroLynx Harness (to celling) QC-C1500P
Position Switch DPS-M-BK
Power Supply AQD Series as Required
Electric Power Transfer EL-CEPT
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 .
US32D MK
630 YA
26 MC
689 YA
US32D RO
PE
PE
PE
PE
MK
MK
SU
SU
SU
All exterior doors on this project shall meet FBC standards fo r windstorm. The door hardware specified is
listed as a basis of design . If alternate hardware is proposed, please provide third-party test results and
compli ance information to architect.
#2022711
@SCHENKELSHUL TZ
DOOR HARDWARE 0871 00-19
02/03/23
CAO
Page 5594 of 6405
Co~l" County Email: mattJ1ew.catoe@colliercountyfl.gov
Tel ephone: (239) 252-6098
Pl'OO.lrement Services Division
Dale:
From :
To:
Add endum #2
May 2, 2023
Matthew Catoe, Pro curement Strategist
I nterested Bidders
Subject: J\ddendum #2 Solicitation 23-8120 Bulk Aircrati Hanga r al Marco I sland Executive
Airport (MKY)
The following clarifications arc issued as an addendum:
Change 1: Revise 23-8120 Exhibit J Specifications -3.1.0.1 Painting
Addition:
I. A l l structural stee l members shall be cleaned free of oil, dirt, rust, loose scale and foreign
matter prior l o painting meeting a SSPC.SP-10-85 near-white blast cleaning specification. SSPC-
6 can be utilized for the cleaning as an al terna te to SSPC-10.
C hange 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 £ndustries, Inc.
2. Mid-West Steel Building Company; an NCI company.
3. Nucor Building Systems; a Nucor company.
4. Trident Building Systems, I nc.
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 solici tation for this project.
Please sign be low and r eturn n copy of this Addendum w ith your submittal for the abov e
r e7--,e~.nced .solicio~
t ~~ May 23 , 2023
(Signature) Date
DEC Contracting Group, Inc.
(Name of Firm)
CAO
Page 5595 of 6405
Emai I: Kristofer. lopei.@col liercountyfl .gov
Telephone: (239) 252-6098
Procurement Services DMsion
Date:
F rom :
To:
Addendum #3
May 4, 2023
Kristofer Lopez, Procurement Strategist
lnlerested Bidders
S u bject: Addendum #3 Solicitation 23-8120 Bulk Aircraft Hangar at Marco Island Executive
Airport (MKY)
The following clarifications are issued as an addendum:
Chan ge J: Revise 23-8120 Ex hi bit J Speci fi cat ions -Part 2 -Prod ucts
Additi on:
SECTION 264113 • LIGHTNING PROTECTION SYSTEM
2.1 MANUFACTURERS
A. Thompson Lightning Protec tion, Inc. -Premium Line
8. I ndependent Protection Company, Inc. -Premium Line
C. Heary Bros. Lightning Protection -Premium Lines
D. Harger Lightning Protection, I nc. -Premium Line
E. Robbins Lightning, Inc.
2. Ex hibit M 8 Borin g Loc ati on Plan bas been upl oa ded
3. Ex hibit L Co ns tr ucti on Storm wa ter Polluti on Preventi on Plan Template bas been
up loa ded
If you require additional information, please post a question on our Bid Sync (wwv.-.bidsvnc.com) bidding
platform under the solicitation for this project.
Please s ig n b elow a nd re tu rn a copy o f t hi s Addendum w ith your s u b mitta l for t h e a b ove
f.'Pti~~--ignature)
May 23, 2023
Date
DEC Contracting Group, Inc.
(Name of f irm)
CAO
Page 5596 of 6405
Email: Kristofer.lopez@colliercounlyfl.gov
Telephone: (239) 252-60 98
Procurement Services Division
Date:
From:
To:
Addendum #4
May 8, 2023
Kristofer Lopez, Procurement Strategist
l nleresl ed Bidders
Subject: Addend um #4 Solicitation 23-8 120 Bulk Aircraft Hangar at Marco Island Executive
Airpo11 (MKY)
The following cl arificat i ons are issued as an addendum:
Chirnge 1: As 11eAds: Bid due EJAte is Moy 9, 2023 @ 3:00 PM EST
Now read s: Bid due date is May 23 1 2023@ 3:00 PM EST
C hange 2: Qttetta11 And Answer Jleried e11ds Moy l, 202J @ 5:00 PM EST
Now r eads: Question Answe1· Period ends Friday May 121 2023 @ 5:00 PM EST
Chirn ge 3: Rev ised Bid Schedule has bee n uploaded : 23-8120 Bid Sc hedul e Re vised
4. 23-8 120 Exhibit L Geotech Report has been upl oa ded
S. 23-8120 Exhibi( M Ex ist ing Co ndition s & Demo Plans ha s bee n upload ed
If you require add itional information, please post a question on our Bid Sync (www.bidsync.com) bidd i ng
platform under the solicitation for this project.
Plense sign below ancl return a copy of this Addendum with your submittal for t h e nbove
't3i£i2~U6=: May23,2~J
(Sig;au Date
DEC Contracting Group, Inc.
(Name ofFirm)
CAO
Page 5597 of 6405
Email : Kristofer.lopez@colliercounLyfl .gov
Telephone: (239) 252-6098
Pmr.uromool SeMces DMslOl1
Dale:
From:
To:
Addendum #5
May 15 , 2023
Kristofer Lope z, Procurement Slrnlegisl
Interested Bidders
Subject: Addendum #5 Solicitation 23 -81 20 Bulk AircrnftHangar at Marco Island Executive
Airport (MKY)
The following clarifications are issued as an addendwn:
Change 1: Pursuant to the information p rovided 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 (Sh eet A151) and Reflected Ceiling Plan (Sheet A140), furnish and
install standard standing-seam trapezoidal-rib metal roof panels per the specifications, Section
13 34 19, Article 2.5, in place of the translucent roof panels. Traditional skylights will not be
required .
Change 2: As Reads: The Sueeessftd BidEler shall be required to Hnally eomplete all Worl.
within three hooEired and siJCty sin (24 ~ ealeRe:lar days :§:om aed a!\er l:he Commeeeelfleet Date
5t>eeiaee in l'ho }lotise lo Proeeod . Tee fi:Rol eom13letioa e~•s iReltiee st1b st0Rtial oomplotion
dnys of lhree hllfldrod Md thirty she (21 ~ ealeRElnr eays, with an additional Hi:irty (3~ oalenear
days to fmal eom13letiofl
Now Reads: The Successful Bidder shall be reguired to finally complete c1ll Work witrun three
hundred and sixty-six (366) cnlenda.r da ys from {Ind after the Commenceme nt Date specified in
the Notice to Proceed. The final completion days include substantial completion days of three
hu ndr ed and thirty -six (336) calendar days, with an additionnl thirty (30) calendar days to final
completion
Change 3: 23 -81 20 Solicitation Revi sed has been uploaded
lfyou require addit ional information, please post a question on ou r Bid Sync (m, w.bidsync.com ) bidding
platform under the solici tati on for this project.
Please sign be low and retu rn a copy of thi s Adde ndum with your subm itta l fo r the above
referenced sol icitation.
£~ May23,2023
(SignTe~ Date
CAO
Page 5598 of 6405
DEC Contracting Grou p, Inc.
(Name ofFirm)
CAO
Page 5599 of 6405
EXHIBIT A-3: CONTRACTOR'S K EY PERSONNEL ASSIGNED TO THE PROJECT
Brad Ninkovich
Erika Bodenstein
Personnel Category
Constr uction Superint endent
Project Manager
10
Construction Services Agreement: [2022_ ver.4]
CAO
Page 5600 of 6405
EXHIBIT 8-1 : PUBLI C PAYM ENT BOND
Bond No. 015221337
Contract No. -=-2=-3--=Bc..:.1 =-20=-------
KNOW A LL MEN BY THESE PRESENTS : That DEC Con tra ctin g Group, Inc.
::----=.,...,........,....---------------------' as Principal, and
The Ohio Casualty Insurance Company as Surety ,
located at 1200 MacArthur Blvd., 3rd Floor, Mahwah, NJ 07430 (B usiness
Address) are held and firmly bound to TheBoatdo!CounlyComm•ssoonersofColherCounty F1onda as Obligee in the
sum ofThree Million Sixty-Three Thousand Nin e an d 41/100 Do llars ($3,063,009 41 ) for the
payment whereof we bind ourselves, our heirs, execu tors, personal representatives, successors
and assigns, jointly and severally .
WHEREAS, Principal has entered into a contract dated as of the .lLL._ day of O .__ ~ob v:
20 ?, ) , with Obligee for Bulk Aircraft Hangar at Marco Island Executive Airport -B id# 23-8120 in
__________ accordance with drawings and sp ecifications, w hich contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDIT ION OF THIS BO ND 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 comp liance or noncompliance with any formalities
connected wit h the Contract or the changes do not affect Suret ies oblig ation under thi s Bond .
The provisions of this bond are subject to the time limitations of Section 255 .05(2). In no event
w ill 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 thi s instrument this .filb._ day of
September 20~ , the name of each party being affixed and these presents duly signed
by its under-signed re presentative, pursuant to authority of its governing body.
11
Cons lruction Services Agreement· 12022_ ver.-4 I
Page 5601 of 6405
Signed, sealed and delivered
presence of:
STATE OF ~F.:.::lo~""i.,.da=---------
COUNTY OF ~
The foregoing instrument was ack ledged befor
of DEC Contracting Group, Inc.
behalf of the corporation.
take an oath.
My Commission Expires:
• day of ...,...
PRINCIPAL
DEC Contracting Grouo, Inc,
or D
by
as identification an~did not)
• L.V.__. -
REGINAL. DUNN
Commission t HH 030505
Expires August 29, 2024
BoncMdllVUtl<JdgltNolalY $eMCM
{Sr Notary Public)
NAME: ~,na_L -~""
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
Notary_P~blic , Statep\ L1 ~a"'~
Comm1ss1on No.: c;-t ~'0 _ 5 _
SURETY :
The Ohio Casualty Insurance Gompaoy
(Printed Name)
NIA
(Business Address
NIA
(Authorized Signature)
NIA
(Printed Name)
12
ConslrucUon Services Agree ment: [2022_ve r.4J
Page 5602 of 6405
Cheryl R. Colem an, As to Surety
Witnesses
ST A TE OF New Jersey
COUNTY OF ~M .... id=d=le-"s ... e .... x.__ __ _
~~U -'21:~
, ) :
Zachary J. Rosenthal. Afcor~:.fac.J. -
(Printed Name) • ~~
1200 MacA rthur Boulevard 3rd Floo r
Mahwah NJ 07430
(Bus iness Address)
201-236-4045
(Telephone Number)
The foregoing instrument was acknowledged before me by means of ¢ physical presence or D
online notarization, this 6th day of Se ptember 20~, by
Zachary J. Rosenthal , as .;..;Ac:..:tt.=.;or""n""e.,__y-..:.:.in.,_-'-'Fa""'c""t ______ _
of The Ohio Casu alty Insurance Com pany , a New Hampshjre corporation , on
behalf of the corp oration. He/she is personally known to me OR has produced
NIA as Identification and did (did not)
take an oath.
My Commission Ex ires:
CAROL McTARSNEY
NcuyPublc, ~dNew JEney
Comnisllon I ~1
My Comnissk>n Expires 211/2024
(AFFIX OFFIC IAL SEAL)
~
(Signature of No tary Public)
Name:tJA/J l [l/l,]f/$AJ~JI
(Legibly Printed)
Notary Public, State of: Ne7nrseJ
Commission No.: /!JQ5i20 t/. 3 ,
13
Construction Services Agreement· (2022_ver.4)
CAO
Page 5603 of 6405
~Liherl): \P Mutual.
SURETY
Th is Powe r of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except In the manner and to the extent herein stated .
Liberty M utual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No : 8206800-969516
KNOWN ALL PERSONS BY THESE PRESENTS : That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire. that
Uberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts . and West American Insura nce 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.
Ctlleman ; Marc J. Micbalewsky; Mary J. D'Amato; Sandra A. Pace: T homas True; Zachary J. Rosenthal
all of the city or Westlieid state or NJ each individually ff there be more than one named. its true and lawful attorney-in-fact to make,
execute, seal, adlnowtedge and deliver, for and on ~s behalf as surely and as its act and deed, any and all undertaki ngs , bonds, recognizances and other surely obligations, in pursuance
of these presents and shall be as binding upon the Companies as ~ 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 . 20 ~ I
Liberty Mutual Insurance Company
The Ohio Casually Insurance Company
West American Insurance Company
~ .,~fr u
_ ro --.._ • .-David M. Carey . Assistant Secretary o-~
:::'. ro State of PENNSYLVA NIA .S '5 ¥ 5J County of MONTGOMERY ss .Q E
u~ -.._ ::, On this ~ day of November , 10'.! I before me personally appeared David M. Carey , Who acknowledged himself to be the Assistant Sectetary of Liberty Mutual Insurance B a, ~ ro Company, The Ohio Casually Company. and West American Insurance Company, and that he. as such , being authorized so lo do, execute the foregoing instrument for the purposes ~ :&
2 _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer g;? @l
-ro ~ ~-6 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. ~Cl)
c ·-O ro~ ~o
0 ~ ------------~ ----:x:
_ C-ann of P•oos)'f\'ama Notaiy Seal >--
(1) Q TeresaPaste)la,NOla)'yP4JDIIC A':'-...... i ~·m
_ ~ Mon\gO<Tlel)' Coonty (I/, ~ . . , fl ../-✓ J ~ E
o_ Myeomm,s3'008'l)IHISMard>28202S By: ~ ~ 0 Q)
C ro ~ Comm.ss,onnumber1126044 ,,<----,,----,,---,-,----::,....,...,,-------------1:i::: ~
(I).: ~~!;'I~ {, ,...,,..., Pennsyl,•n••Assooabon o, Nola,,.. reresa Pastella , Notary Public ::: 0
Ol gj ◄Rv v,,I,!/-' o Sf g ~ This Power of Attorney is made and executed purs uant to and by authonty of the following By-laws and Authorizatio ns of The Ohio Casualty Insurance Company . liberty Mutual ~ ~
~ .!:_ Insurance Company, and West American Insurance Company which resolutions are n<J,N in full force and effect reading as follows: /r_ g
,._ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 0 0
.E ~ 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 =o .-
;g i;' President may prescribe , shall appoint such attorneys-in-fact. as may be necessary to act In behalf of the Corporation to make, execute, seat , acknowledge and deliver as surety lii ~
ro c any and all underta kin gs, bonds, recognizances and other surety obligations. Such attorneys-in-fact. subject to the limitations set forth in their respectiive powers of attorney, shall ,:, B
; ~ have full power to bind the Corpo ration by their signature and execution of any such instruments and lo altach thereto the seal of the Corporation. When so executed, such § a,
z 13 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 := l3
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, Su rety 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 nece.ssary to act in behalf of the Company to make , execute . seal. acknowledge and deliver as surety any and all undertakings,
bonds. recog nizances and other surety oblig ations, Such attorneys-in-fact subject to th e limitations set forth in their respective powers of attorney. shall have full power lo 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-rn-
fact as may be necessary to act on behalf of the Com pany to make. execute. seal. acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety
oblig ations.
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
Com pany . wherever appearing upon a certified copy of any p<1.ver 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 or the Power of Attorney executed by said Companies , is in full force and effect and
has not been revo ked .
IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals of said Companies this 0I h day of September , ~
LMS-12873 LMIC OCJC WAIC Mutb Co 02/21
-.. r
.:7-~.(141------
By:_.L~'---=-------~--~---Renee C. Llewellyn, Assistant Secre!a<t
..... -
Page 5604 of 6405
~Lihert:x \P Mutual.
THE OHIO CASUALTY INSURANCE COMPANY
SURETY
Assets
Cash and Bank Deposit s ................................... .
•Bonds -U.S Government.. .............................. .
$381,391,653
624,259,230
•Other Bonds ..................................................... 4,696,075,391
•stocks ............................ , .......... , .. ,.................... 123,765,396
Rea l Estate........................................................ 0
Ag ents' Ba lances or Uncollected Premiums ....... 936,691,175
Accrued Interest and Rents ............................. .. 40,821,253
Other Ad mitted Assets ............... ,...................... 2,318,373,499
Total Admitted Assets ................................. $9 .1 21.377.597
Financial Statement -December 31, 2022
Liabilities
Unearned Premiums ............................................ $1,621,337,313
Reserve for Cl aims and Cl aims Expense................. 4,472,582,937
Funds Held Under Reinsu rance Treaties................ 0
Reserve for Dividends to Policyholders .......... ....... 220 ,687
Additional St atu tory Reserve................................ 0
Reserve for Commissions, Taxes and
Other Liabilities.............................................. 510,304,288
Total .......................................................... $6,604,445,225
Special Su rplus Funds ................ , $31,311,376
Capital Stock ............................. . 4,500,000
Paid in Surplus ........................... 738,183,897
Unassigned Surplus .................... 1,742,937,099
Surplus to Policyholders...................................... 2,516,932,372
Total Liabilities and Surplus ................................. $9,12J,,3JZ,59-1
* Bonds ar e st ated at amortized or investment value; Stocks at Association Market Values .
The foregoing fina ncial information is taken from The Ohio Casualty Insurance Company's
financia l statemen t filed w ith t he state of Ohio Department o f Insurance.
I, TIM M IKOLAJEWSK I, Assistant Secreta ry of The Ohio Casualty Insurance Company, do hereby certify that the foregoing is a true, and
cor rect statement of the Assets and Liabiliti es of said Corporation, as of December 31, 2022, to the best of my knowledge and belief.
IN W ITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Cor poration at Se attle, Was hi ngton, this 8th day of
M arch 2023.
.-\ssistant Secretan ·
Page 5605 of 6405
EXHIBIT B -2: PUBLIC PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 015221337
Contract No. 23-8120
That DEC Contracting Group, Inc.
as Principal, and Th e Ohio Casua lty Insurance Company
-=c=-::-,-,-----------• as
1200 MacArthur Blvd., 3rd Floor. Ma hwah. NJ 07 43 0
Surety, located at
(Business Address} are held and fi rmly bound to
Th e Board of County Commissioners of Colli er Co unty, Florida , as Obligee in the sum of
Three Million Sixty -Three Thousand Nine and 41 /100 Dollars
($ 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 I U day of
CJ c.. ~Cl b ,r , 20 '2. S , with Obligee for
Bulk Aircraft Hangar at Marco Island Execu tive 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 Cont ract at the times and in the manner prescribed in the Contract; and
2. Pays Ob ligee 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 t ime
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 th is 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 sha ll be construed in all respects as a common law bond. It Is exp ressly
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 Ob ligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obllg ee.
IN WITNESS WHEREOF , the above parties have executed this instrument this ...fil!L.. day of
September , 20 23 , the name of each party being affixed and these presents duly
s igned by its undersigned representative, pursuant to authority of its governing body.
1 ◄
Construction S elVices Agreement: (2022_ver.◄) Cl\0
Page 5606 of 6405
?igned, sealed and delivern
1 rese nce. of: C ~ U-
STATE OF
COU NTY OF
Florida
L.ee
PRINCIPAL
The fore oin instrument was acknowledged before
o . d~ ~
' of DEC Contracting Group. Inc.
behalf of the corporation.
take an oa th.
My Commission Expires:
REGINAL. DUNN
Commission I HH 030505
Expires August 29, 2024
6ondtd TllN Budget Not,ry StMc.s
(AFFIX OFFICIAL SEAL)
a
He~ j s persooany
corporation, on
kn own to me OR has produced
as ;de:ifieaL and a d not)
f Notary Public)
,na....L •Du..-"~
(Legibly Printed)
Notary Public, Sta_t~ o!i ~.ri ~
Commission No.: t-t r,03b50.:J
15
Construcll on Services Agreement: (2022_ver.4J
CAO
Page 5607 of 6405
ATTEST:
Witnesses a o Su rety
Ch eryl R. Coleman, As to Surety
OR
Witnesses
STATE OF .:...N=-=e..:.:w....,J=e=rs,.,.e.._y _____ _
COU NTY OF .,_,M""-jd,.,d,..l""'es..,e..,x.__ _____ _
SURETY :
The Ohio Casualty Insurance Company
(Printed Name)
1200 MacArthur Blvd
3rd Floor
Zachary J. Rosenthal, Altomey-ln-Facl
{Printed Name)
NIA
As Attorney in Fact
{Attach Power of Attorney)
NIA
(Printed Name)
NIA
(Business Address)
201-236-4045
(Telephone Number)
The foregoing instrument was acknowledged before me by means of !ilphysical presence or □
online notarization , this 6th day of September 20-1,L, by
Zachary J. Rosenthal I as ....:..,.A"""tto,..,m....,.ey:,.;.-;.u.i0,.;.-fwa ... c..._t ______ _
of The Oh io Casualty Insurance Company , a New Hampsh ire corporation, on
behalf of the corporatio n. He/she is personally known to me OR has produced
NIA as identification and did (did not)
take an oath .
{AFFIX OFFICIAL SEAL)
(Signa ture of Notary Public)
t /JJ.tL f/1t 7J£>AL€Y
(Leg ibly Printed ) I
Notary Public, State of: New Jersev
Commission No.: (}O~,,P.,3/
'
16
Conslrucllon Servtces Agreement (2022_ver.4)
Page 5608 of 6405
~Liherl)'. \P Mutual.
SURETY
This Powe r of Attorney lim its the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated .
Liberty M utual Insurance C ompany
The O hio Casualty Insurance Co mpany
West A merican Insurance Company
POWER OF ATTORNEY
Certificate No: 8206800-969516
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under lhe laws of lhe State of New Hampshire. lhat
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 lhe State of Indiana (herein collectively called the 'Companies"). pursuant to and by autholity herein set forth, does hereby name. constitute and appoint. Cheryl R.
Coleman : Marc J. Michalewsky ; Mary J. D'AmaI0; 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 behal f as surety and as its act and deed. any and all undertakings , bonds, recog nizances and other surety obligations. in pursuance
of these presents and shall be as binding upon lhe Companies as rl 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 I Ith day of o,cmlxr . 2021
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
II) • /) /#/-,, <11E ~ By: Lj/~ / / :~_§
_ co David M. Carey, Assistant Secretary g J '6 ro State of PENNSYLVANIA ss ·-::::i ~ 5> County of MONTGOMERY § E
O Q) ~ ._ ::::, On this 11th day of ovcmber . 101 t before me personally appeared David M. Carey. who acknowledged himself to be lhe Assistant Secretary of Liberty Mutual Insurance ~ Cl) ~ <ii 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_ ~ @
mCO 0C -_ -5 IN WITNESS WHEREOF, I have hereunto subscnbed my name and affixed my notarial seal at King of PnJssia. Pennsylvania. on the day and year first aboVe written. ~en
c ·-.,,---::-......._ 0 co ll) ~o
0 ~ ,=,-----c-""7'::----.,.,.-----:---. --::r: _ Comrnonweatth of Penn,ytvanta -Notary Seal >--
ai O r~::~N~~r:"bf"' 0. -' /} ./-ff I r~ 0 2 Mycomm1SS!Of)exp,esMarch.S,2025 By: ~ ~ 0 Cl)
C CO ~ sc CommosS<On number t 126044 .,,.__~~~--,.,-~-------------1==
ai.:: yJ;;"'Nsve•►,t,. i, Member p.,,,sy1van,. As,ocu,oor, o1 No,.,.,. Teresa Pastella , Notary Public ~ a
Cl~ illRV~ 0~ ro~ -N .g> 2 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 ~ Q\) E £_ Insurance Company, and West American Insurance Compa ny which resolutions are now in full force and effect reading as follows : f1_ ~
.._ 2 ARTICLE IV -OFFICERS : Section 12. Power of Attorney. 0 6
.!2 ~ Any officer or other official of the Corporation authorized for that purpose in wnting by the Chairman or the President. and subject to such lim itation as the Chairman or the =c ..-
;g ~ Presid ent may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Corporation to make , execute. seal ack nowledge and deliver as surety ~ ~ ! ~ ~zeai/;':edt::~;:s~~o~:~~~=iz:;::/:~~:tu~es~~d\~:~~~~n~j !~~\~!~~ne:~i~~~: :~~~t~~~~ ::~~:es:~:~ i;:~~;:a:~~-e:e:r:0o~:!~:J.' :~~~ § ~
z i:J instruments shall be as bindi ng 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 ~ l{l
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 lhe 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 anomeys-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 . reoognizances 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. Uewetlyn . the undersigned , Assistant Secretary , The Ohio Casualty Insurance Company , Liberty Mutual Ins urance Company. and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing 1s 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 sea ls of said Companies this 61h day of September . 1023
~·'+-By:~ =R.-en""'e'-e~c--.--u--ewe~ll.-yn __ ..,.A-ss..,.is..,.ta_n.,..t ""Se_cr_etiay
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
Page 5609 of 6405
~Lihert:x ~ M u tual.
THE OHIO CASUA LTY INSURANCE COMPAN Y
S U RETY
Asset s
Cash and Bank Deposits ................................... .
•Bonds -U.S Government ................................ .
$381,391,653
624,259,230
*Other Bonds ..................................................... 4,696,075,391
•stocks ........................................ ,...................... 123,765,396
Real £state........................................................ O
Agen t s' Balances or Uncollected Premiums....... 936,691,175
Accrued Interest and Rents............................... 40,821,253
Other Adm itted Assets ........................... ,.......... 2,318,373,499
Tot al Adm itted Assets................................. $9.12 1 3 77 597
Fin a ncial Statement -De cember 31, 2022
Liabilities
Unearned Premiums ............................................ $1,621,337,313
Reserve for Claims and Cla ims Expense ................. 4,472,582,937
Funds Held Under Reinsurance Treaties ............... , 0
Reserve for Dividends to Policyholders ................. 220,687
Additiona l Statutory Reserve ................................ 0
Reserve for Comm issions, Taxes and
Other Liabilities.............................................. 510,304,288
Total .......................................................... $6,604,445,225
Special Surplus Funds................. $31 ,311,376
Capital Stock .............................. 4,500,000
Paid in Surplus ........................... 73 8,183,897
Unassigned Surplus .................... 1,742,937,099
Surplus to Policyholders ...................................... 2,516,932,372
Total Liabilities an d Surplus ................................. s.9,ill,371,592
* Bonds are stated at amortized or i nvestment value; Stocks at Associat ion M arket Va lues.
The foregoing financial i nfor mation is taken from The Ohio Casua lt y Insurance Company's
financial statement filed w ith the state of Ohio Department of Insurance.
I, TIM MIKOLAJEWSKI, Assista nt Secretary of The Ohio Casualty Insurance Company, do here by certify that the foregoing is a true, and
correct statement of the Assets and Li abilities of said Corporation, as of December 31, 2022, to the best of my knowledge and belief.
IN WITNE SS W HEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Wash i ngton, this 8th day of
March 2023.
..:-\ssistant Secr eran-
Page 5610 of 6405
EXHIBIT 8-3: 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 va lue 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 respons ible 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 Liabil ity 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 se lf-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 responsibil ity for such obligations. All self-insured
retentions or deductibles will be Contractor's so le 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
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Contractor under th is 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 Con tractor to provide the
County with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
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COUNTY OF (COLLIER)
STATE OF (FLORIDA)
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
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 re ceived,
_________________ ("Contractor") releases and wa ives for itself and it's subcontractors, material-
men, successors and assigns, all cla ims 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 partia l waiver and release is cond itioned 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 ari sing out of the perfo r mance by Contractor of the Work covered by this Release
and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. __ .
Witness
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY: ___________ _
ITS : ____________ President
DATE:
[Corporate Seal]
The foregoing instrument was acknowledged before me by means of D physical presence or D 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 (d id not) take an oath.
My Commission Expires :
(AFFIX OFFICIAL SEAL)
(Signature of Notary Public)
NAME : ___________ _
(Leg ibly Printed)
Notary Public, State of _________ _
Commissioner No.: __________ _
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EX HIBIT 0
FORM OF CONTRACT APPLICATION FOR PA Y MENT
Collier Countv Board of Countv Commissioners (the OWNER! or Collier Countv Water-Sewer
Owner's Project Bid No.
Manaaer's Name: Proiect No.
County's Division Name Purchase Order No.
Submitted by Contractor Application Date:
Reoresentative: Name
Contractor's Name & Payment Application No.
Address:
Oriqinal Contract Time: Oriqi nal Contract Price: $
Revised Contract T ime: Total Chance Orders to Date: $
Revised Contract Amount: $
Total Value of Work Completed & $
Stored to Date:
Retainage @5% through $ Retainage @ 5% through [Insert $
[Insert Datel date]
Retainage @ __ % $ Less Retai nage $
after flnsert datel
Total Earned Less Retalnaqe $
Less orevious oavment(s)
Percent Work Completed % AMOUNT DUE THIS $
to Date : APPLICATION:
Percent Contract Time %
Comoleted to Date:
Liquidated Damages to $ Remai ning 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 Paym ent will pass to OWNER at tim e 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 property due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
property approved by Owner in writing and in advance of such Work.
Contractor's Name
Contractor's Signature: Date: I
ype T itle: Shall be signed by an authorized
reoresentative of the Contractor.
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended bv :
Jesign Professional's Name:
Signature: Date: I
~avment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recomm ended bv:
Owner's Project Manager
'lame:
Signature: Date: J
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EXHIBIT O (Continued) SCHEDULE OF VALUES
ProJec1 Name: ProJec1 Number:
Date:
Pertod To :
ll8I OESa.TION SOEJULED WORK COMPLETED STORfD TOTAL PERaNT BALANCE 5% _% TOTAL
NUMBER VALUE MATB<IALS COMPlEIBl COMPLETE TOAMSH RETAINAGE RETAINAGE RETAINAGE
PREVIOUS APPLICATIONS THIS &STORED Cl't.dvced fl1tl WllliHB.O
TlRJDATE SINCEDATE PERIOD TO DATE
".'-.-. •·.'-.. _.,_ "' .ar: •,1:,\· 1''-l..--~-,,-~ ~ . ·--.., ...,;;;:.~ ~-·.-.~-·,. -·
TOTALS
• E•planati on for the two columns under Previ ous Applicati ons: The Thru Date Is where you will pl ace all Information until the contract Is complete unless a release or reduction of
retalnage i ssue comes into play. If this happens, all information up to the date of the% change In retainage Is pl aced In the Thru Date column. Information after that date Is placed
in the Since Date column. Th is states what has happened since the change in retalnage.
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Date
Exhibit D
(Continued)
Description Suoolier
Stored Materials Re cord
A B
Invoice Previously Received
Number Received This Period
Formula· A+ B -C -D = E
C D E
Balance
Previously Installed To
Installed This Period Install
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co1K:r County
~
EXHIBIT E: CHANGE OR DE R
0 Contract Modification O Work Order Modification
Contract#: I I Change #:I I Purchase Order #:._I _________ _,
Contractor/Firm Name: Contract/Project:
Procurement Services
Change Order Form
Project#: .. I ____ __.
Project Manager Name:._ ____________ __, Division Name:._ ________________ _,
Original ContracVWork Order Amount _______ ______ Original BCC Approwl Date; Agenda Item #
Current BCC Approw d Amount • Last BCC Approwl Date; Agenda Item #
Current Contract/Work Order Amount _______ ,..------, SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/OIi Total Change from Original Amount
Re1Ased ContracVWork Order Total I S 0 .00I I #DIV/OJI Change from Current BCC Appro1ed Amount
Cumulati1e Chanoes I $ 0 .001 I #DIV/OIi Chance from Current Amount
CompleUon Date, Description of the Task(s) Change, and Rationale for the Change
Notice to Proceed I I Original I I Lnt Approved I I Revised Date
Date ~-====:; Completion Date -------Date -· ----(lndude~ this change)
# of Days Added I I Select Tasks O Add new task(s) 0 Del ete task(s) 0 Change task(s) 0 Other
Provide a response to t he following: 1.) detailed and specific explanation/ration ale of the requested change(s) to the task(s) and I o r
the additional days added (If requested); 2.) why t his 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: __ ...,.. ____________ ,... _________________ _
(Project Manager Name and Division)
Date: ______ _
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 condftlons as contaned in the contract / wor1<. order indicated above, as fully as ff the same were stated in th is acceptance . The
adjustment. if any, to the Contract sh all constitute a luff and fn al settlement of any and all claims of the Contractor I Vendor / Consultant I
Des ign Professiona l ansi ng out of or related to the change set forth herein, Includ ing claims for impact and delay costs.
Accepted by:--------,-,-------=-----,-=--,-..,..----,-.,..,.,----=-=,-----,,---,--,---::---:--,-Date: ______ _
(Contractor I Vendor / Consultant / Design Professional and Name of Firm , if project appli cable)
Accepted by: -:-:c----,-----,:,--,--,---,--=,---=:-----,:--:--,---::---::-:-:------------
(Design Professional and Name of Firm, if project applicable)
Approved by: ______________________________ _
(Division Director or Designee)
Approved by: ______________________________ _
(Procurement Professional)
Date: ______ _
Date: ______ _
Date: ______ _
PftOCUPtt!Mt'H'T UU: Off\ 't
vr.:c ....
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CO# AMD#
Change Order/Amendment Summa[Y
COST TIME
Description Additive Deductive Days New Justification
l+I ,.1 Added Amount
Ol~IOO$ \',t,o ma'/ require a:ld:bonal signatures may include on separalf: ~t ) PROCUIIO.IUfT USE Ohl.. Y
!ICC
111'1
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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 appl ies to all Work under the Contract Documents or to the following specified
parts thereof:
To
And
To
OWNER
Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives
of OWNER , CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially
complete in accordance with the requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure
to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
____ days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES :
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O1/\/NER:
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 obligati on 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
O1/\/NER accepts this Certificate of Substantial Completion on _________ _, 20 __
O1/\/NER
By:
Type Name and Title
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EXHIBIT G: FINAL PA Y MENT 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 Fina l 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 Affidav its received from Contractor on:
10. Consent of Surety received on _____________ _
11. Operating Department personnel notified Project is in operating phase .
12. All Spare Parts or Special Tools provided to Owner: ______ _
13. Finished Floor Elevation Certificate provided to Owner: _____ _
14 . Other:
If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach explanation.
Acknowledgments:
By Contractor:
By Design
Professional :
By Owner:
______________________ (Company Name)
______________________ (Signature)
_____________________ (Typed Name & Title)
-----------------------(Firm Name)
_______________________ (Signature)
_____________________ (Typed Name & Title)
______________________ (Department Name)
______________________ (Signature)
_____________________ (Name & Title)
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EXHIBIT H : GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work , materials
or equipment that may reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe work , materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications , manuals or codes of any technical society, organization or association or to the laws
or regulations of any governmental authority having jurisdiction over the Project, whether such
reference be specific or by implication, shall mean the latest standard specification, manual, code,
law or regulation in effect at the time the Work is performed, except as may be otherwise specifically
stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager; said interpretation or clarification from the
Project Manager may require Contractor to consult directly with Design Professional or some other
third party, as directed by Project Manager. Contractor shall take field measurements and verify field
conditions and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any portion of the
Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work and are
not intended t o 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, t rades ,
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 UTILIT IES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself
concerning t he 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 sha ll not relieve Contractor from any of its responsibi lities 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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C onstruction S ervices Agreement: (2022_ver.4]
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2 .2 Contractor sha ll locate all existing roadways , railways , drainage facilities and utility services
above , upon , or under the Project site , said roadways, railways, drainage faci lities 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 it s Work around any such
relocation or temporary service interruption . Contractor shall be responsible for properly shoring ,
supporting and protecting all Utilities at all t imes during the course of the Work. The Contractor is
responsible for coordinating all other utility work so as to not interfere wi t h 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 condi t ions 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 Co ntractor 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
distu rbed 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
materia lly 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 t hose indicated in the Contract
Documents or not of an unusual nature o r 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 Cont ractor 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 re late 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
Schedu le shall indicate the dates for starting and completing the various stages of the Work.
3 .2 The Progress Schedule sha ll be updated monthly by the Contractor. All mont hly 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 requi rements of all
Collier County No ise Ordinances then in effect. Unless otherwise specified , work will generally be
29
Construction Services Ag reement: [2022_ver.4)
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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 PAY MENTS.
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 va l ues 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 Professiona l). 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 respect ively.
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
30
Construction Services Agreement: (2022_ver.4)
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stamped and received and after Project Manager approval of an App lication for Payment, pay the
Contractor t he 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 proh ibit 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 reta inage below the maximum amount set forth in Section 255.078, Florida Stat utes,
sha ll 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 App li cation 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-s ubcontractor or supplier has been paid in fu ll 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 sha ll be updated as necessary and approved by Owner to reflect
approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or ea rl y
completion of the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.1 O Notwithstanding anyth ing 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 reso lution of the dispute provided that Owner co ntinues to pay Contractor all
amounts that Owner does not dispute are due and payable.
4.11 Payments will be made for services furnished , delivered, and accepted , upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted . Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
4.12 The County may, at its discretion , use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract. The County may not accept
any additional surcharges (credit card transaction fees) as a result of using the County's credit card
for transactions relating to this solicitation
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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 nu llify 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 requ ired 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 (includ ing, 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 re lated 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 PA Y MENT.
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 fina l 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 wa iver 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 the reof.
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 , funct ion 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) ca lendar days after Notice of Award is received by Contractor, unless otherwise
mutua lly 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 ma intenance,
repair and replacement service shall be indicated. The application also sha ll contain an itemized
estimate of all costs that will resu lt 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. T he Project Manager
may requ ire Contractor to furn ish 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 sha ll 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 P rofessional 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 wor k 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,
t he 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 personne l;
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
8.1.7
8.1.8
8.1.9
8.1.10
of performance.
Description of Work being performed at the Project site;
Any unusual or special occurrences at the Project site;
Materials received at the Project site ;
A list of all visitors to the Project
Any problems that might impact either the cost or quality of the Work or the time
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 w ritten 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 resu lting 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 ) permane nt 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-Bui lt" record documents, together with all approved samples and a coun t erpart 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 Ag reement
or the date the Project is completed or such longer period as may be required by law, whichever is
later, pursuant to Florida Public Reco rds 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: PublicRecordReguest@colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records , provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, t ransfer, 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 con t ract, 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 requ irements for
retaining publ ic records. All records stored electronicall y must be provided to the public
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agency, upon request from the public agency's custod ian 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 sha ll 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 wit h all
work of others at the Proj ect Site, so that its Work or the work of ot hers shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely respons ible for all
construction means, methods , techniques , sequences, and procedures, as we ll as coordination of
all portions of the Work under the Contract Documents , and the coordination of Owner's s uppliers
and contractors as set forth in Paragraph 12 .2. herein .
9.2 Should Cont racto r be obstructed or delayed in the prosecution of or completion of t he Work
as a result of unforeseeable causes beyond the contro l of Contractor, and not due to its fault or
neglect , including but not restricted to acts of Nature or of t he public enemy, acts of government,
fires , floods , epidemics , quarantine regu lation , strikes or lockouts , Contractor shall notify the Owner
in writing within forty-e ight (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 o r delay in the commencement or
progress of the Work from any cause whatever, includi ng those for which Owner may be responsib le,
in whole or In part, shall relieve Contractor of it s duty to perform or give rise t o any right to damages
or add itional 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 T i me ; 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 th is Agreement or any payment issued by Owner to Contractor be deemed a waiver of any
right or claim Owner may have against Contractor for de lay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of t he Work to increase or
decrease the Work. Promptly after being notified of a change , Contractor shall submit an itemize d
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 add ition or cha nges 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 d irect any extra or c hanged work orally. Any all eged 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 wit hout 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 admissio n by Contractor that such items are in fact not a change but rather
are part of the Work requ ired of Contractor hereunder.
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10.2 A Change Order, in the form attached as Exhibit E to th is Agreement , shall be issued and
executed promptly after an agr eement is reached between Contractor and Owner concerni ng t he
requested changes . Contractor shall promptly perform changes authorized by duly executed Change
Orders. The Contract Amount and Cont ract Time shall be adjusted in the Change Order in the
manne r as Owner and Contractor sha ll mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change,
Contractor sha ll , nevertheless, promptly perform the change as directed by Owner in a written Work
Directive. In that event, the Contract Amount and Contract T i me 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 wa ived any
claim on this matter it might otherwise have had .
10.4 In the event a requested change resu lts i n 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 all owance 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 pe rcent
(15%). All compensation due Cont ractor and any Subcontractor or sub-su bcontractor for field and
home office overhead is included in the markups noted above. No ma rkup shall be placed on sales
tax , shipping or subcontractor markup.
10.5 Owner, or any duly authorized agents o r 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 t o the Contract Time and not inconsistent w ith
the intent of the Contract Documents. Such changes may be effected by Field Order or by other
written order. Such changes shall be bind ing on the Contractor.
10.7 Any mod ifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the t ime 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 ter ms of the Contract Documents. The term "Claim" also includes other disputes and
matters in question between Owner and Contractor arising out of or re lating to the Contract
Documents. The responsibility to substantiate a Claim sha ll 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 C laims 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,
regard less 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 requ ired 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 parag raph 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 de lays, 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. INDEMNIFICAT ION 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 bei ng provided to Contractor. Contractor's obligation to
indemn ify 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 act ion against the Owner or an indemn ified
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 t imes during its perfo rmance 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 ter ms, 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 req uirements applicable to the Project, including but not
l imited 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 wri ting. To the extent any law, rule , regulation , code, statute, or ordinance requ ires 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,
ord inances, rules or regulations subsequent to the date this Agreement was executed that increases
the Contractor's t ime 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 (OHS) in partnersh ip 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 (1TB) 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 t ime 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 bidd er's / Contractor's proposal may be deemed non-
res ponsive.
Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for
all purchases not covered under t he "Exceptions to the program" clause above.
For additional infor mation regarding the Employment Eligibil ity 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 ru les and regulations governing this program.
Contractor acknowledges, and without exception or stipu lation, any firm(s) receiving an award shall
be fu lly re sponsible for complying with the provisions of the Im migration 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. Failu re by the awarded firm(s) to comply with
the laws referenced herein or the provisions of this affidavit sha ll constitut e 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 we ll as a lt 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, pip es , utilities, footings, structures , trees and shrubbery, not indicated in the
Contract Documents to be removed or altered , shall be protected by Contractor f rom damage during
the prosecution of the Work. Subj ect to the Section 2.3 above , any such improvements so damaged
shall be restored by Contractor to the condition equal to that existi ng 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 vo id. 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 responsibi lities that Contractor has assumed toward Owner.
17 . PERMITS, LICENSES AND TAXES.
17 .1 Pursuant to Section 218.80 , F.S., Owner will pay for alt 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 alt 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 Co llier 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 cons idered i n 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) fai ls to properly and t imely perform the Work as directed by the Project
Manager or as provided for in the approved Progress Schedule; or (3) perfor ms the Work unsu itably
or neglects or refuses to remove materials or to correct or rep lace such Work as may be rejected as
unacceptable or unsuitable ; or (4) d iscontinues 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 fina l
j udgment 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 def ault(s). If Owner det ermines that
Contractor has not remedied and cured the default(s) within seven (7) calendar days fo llowing 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 r ight 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 unpa id 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 t he
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 t o the Contractor or Owner, as the case may
be, shall be approved by the Project Manager, upon application , and th is obligation for payment shall
survive termi nation 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 fa ith 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 defau lt 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 fulfi ll some material obligation
owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default
within fourteen (1 4 ) days of receiving written notice of same from Contractor, then Contractor may
stop its performance under this Agreement unti l such default is cured , after giving Owner a second
fourteen (1 4 ) 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)
ca lendar days written notice to Contractor. In the event of such termination for convenience,
Contractor's recovery against Owner sha ll be limited to that portion of the Contract Amount earned
through the date of termination , together with any reta inage 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) ca lendar 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 conf erring 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 fina l 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
w ith 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 Exh ibit 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 rece ipts, 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 o r fixtures to
be incorporated into the Proj ect. Contractor warrants to Owner that any materials and equ ipment
furn ished 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 w ith the Contract Documents .
Contractor further warra nts 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, w ithin 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 repa ir of adjac ent materi als 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 t he requirements of the Agreement. T he Contractor's Representative shall be present at the
time of inspection and shall take remedia l 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 regu lations 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 WOR K.
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 remova l (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 sha ll 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 T ime, 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 s ite 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 SUPERIN TE NDEN TS.
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 subj ect 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 5.8, for services not rendered .
25 . PROTECTION OF WOR K.
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 responsib le 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 wi ll 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 t hat a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order sha ll 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. Con tractor 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 , resu lting
from the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsib le for initiating , maintaining and supervising all safety
precautions and p rograms 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 fo r removal , relocation or replacement in the Con tract Documents.
28.2 Contractor shall comply with all applicable codes, laws , ordinances , rules and regulations of
any public body having jurisdiction for the safety of persons or property or to protect them from
damage , injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety
and protection . Contractor shall notify owners of adjacent property and of underground structures
and improvements and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation or replacement of their property.
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Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as the Work is completed and final acceptance of same by Owner has occurred .
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
28.3. Contractor shall designate a responsible representative located on a full time basis at the
Project site whose duty shall be the prevention of accidents . This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Owner.
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 a ll times, Contractor sha ll adhere to Owner's safety and security
regu lations , and shall comply with all security requirements at Ow ner's facilities, as said regu lations
and requirements may be modified or changed by Owner from time t o time.
29 . PROJECT MEETINGS.
Prio r to the commencement of Work, the Contractor shall attend a pre-construction conference with
the Project Manager, Design Profess ional and others as appropriate to discuss the Progress
Schedule , procedures for hand ling shop drawings and ot her su bmitta ls, and for processing
App lications 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
Des ign Professional. The Contractor sha ll 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 wi ll be evaluated on their performance upon
completion /termination of this Agreement.
31. MAINTENANCE OF TRAFFI C POLICY.
For all projects that are conducted within a Collier County Right-of-Way , the Contractor sha ll provide
and erect Traffic Control Devices as prescribed in the current edit ion of the Manual On Un iform
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 R isk Management and /or
Procurement Services Division , and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of a ll required manuals, MUTCD, FOOT
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')
po licy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic sha ll 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 PURCHA SE.
32.1 Contractor shall pay all sales , consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicab le during the performance of the Work. No markup sha ll
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 anyth ing 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 va lid ity
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 in tend s 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 app roved 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 fie ld (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 addit ional compensation. Further, Contractor shall req uire 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 i n 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 , includi ng , but not limited to, the following administrative records:
34 .1.1
34.1 .2
34.1.3
34.1.4
34 .1.5
34.1 .6
34.1.7
34.1.8
34 .1 .9
34 .1.10
34.1.11
34 .1 .12
34 .1 .13
34 .1 .14
34 .1.15
34 .1.16
34.1.17
34.1.18
34.1.19
34.1.20
34 .1.21
34.1.22
34.1.23
34.1.24
34.1 .25
34.1 .26
34 .1.27
34 .1.28
34 .1.29
34 .1.30
34 .1.31
34 .1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (T ickler) 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 schedu le
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 lim ited 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 Co ntractor is requ ired 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, educat ion, 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. A ll 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
(D L-FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from
their employment. This notification is critical to ensure the continued security of Co ll ier County
facilities and systems. Failure to notify within four (4) hours of separation may resu lt in a deduction
of $500 per incident.
CCSO requ ires separate fingerp rinting 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 federa l or state courts in Collier
County , Flo rida, 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" sha ll 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 w ith all NFPA regulations: specifically 11 O & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762 , 777 , and 780; 376 & 403 Florida Statutes; and
STI , UL , PEI , ASME , NACE, NLPA, NIST & AP I refe renced 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 inst all ation , removal , or maintenance of any storage tank, including day tanks for
generators, storing I will be storing petroleum products or hazardous materials. The contractor shall
provide a 10 day and 4 8-hour notice to SHWMD 239-252-2508 prior to commencement.
The cont ractor shall provide the plans pert ain ing to t he storage tank systems containi ng haza rdous
mater ia ls I 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 w ho are physically capable of performing t heir employment duties. The Owner may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose con tinued 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 proceed ing permitted by th is Agreement to resolve disputes
between the parties, the parties sha ll make a good faith effort to reso lve any such disputes by
negotiation. The negotiation shall be attended by representatives of Contractor with fu ll decision-
making authority and by Owner's staff person who would make the presentation of any settlement
reached during negot iations to Owne r for approval. Failing reso lution , and prior to the
co mmencement of depositions in any litigation between the parties arising out of this Ag reement, the
parties shall attempt to resolve the dispu t e through Mediation before an ag reed-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 wh o would
make the presentation of any settlement reached at mediation to Owner's Board for approval.
Should either party fa il to submit to mediation as requi red hereu nder, 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 re lating to or
arising out of this Agreement must be brought in t he appropriate federa l o r state cou rt s in Coll ier
County, Florida , which courts have sole and exclusive jurisdiction on all such matters .
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EXHIBIT I : SUPPLEMENTAL TERMS AND CONDITIONS
1:8] Attached heret o, foll owing t his page
Exhibit I.A: Supplemental Terms and Conditions
Exhibit 1.8: Supplemental Federal Contract Prov isions and Assurances
0 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, T imely 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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EXHIBITI.B
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS ANO ASSURANCES
DE PARTMENT OF FEDERAL AVIATION ADMINISTRATION
C FDA 21 .106
The supplemental conditions contained in this section are intended to cooperate wit h, to
supplement, and to modify the general conditions and other specifications. In cases of
disagreemen t 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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SUPPLE MENTA L FEDERAL CO NTRA CT PR OVI SIONS AND ASSURANCES
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor ag rees to
provide the Owner, the Federal Aviation Administration and the Comptroller Genera l of the United
States or any of their duly authorized representatives access to any books, documents, papers
an d records of the Contractor which are directly pertinent to th e s pecific 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 c losed .
1. AFFIRMATIVE ACTION REQUIREMENT
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The Offerer's or Bidder's attention is called to t he "Equal Opportunity Clause" and the
"Standa rd 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 ag gregate 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 Fede ral
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 geog raph ical a rea where the work is actua lly performed. With regard to this seco nd area,
the Contractor also is subject to the goals for both its federally involved and non-federally involved
construction.
The Contractor's com pliance 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 min o rity 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 t ransfer of minority
or female employees or trainees from Contract or to Cont ractor 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 construct ion work under the
contract resulting from this solicitation. The notification shall list the name , address, and
t elephone number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the
subcontract; 1nd 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. t11e "covered area" is
Florida, Collier, Marco Island .
2. BRE ACH OF CONTR AC T TERMS
Any violation or breach of terms of th is 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 remed ies otherwise imposed or available by law.
3. BU Y AMERICAN PREFEREN CE (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 w ill 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 build ing 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. CIV IL RIGHTS -GENER AL
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
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIO NS 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.
Spec ific Clause t ha t is used f or Genera l Contra ct Ag reeme nts
The above provision binds the Contractor and subcontractors from the bid solicitation period
through the completion of the contract.
Spec ifi c Clause that is used for Lease Ag reements or Transfe r Ag reeme nts
If the Contractor transfers its obligation to another, the transferee is obligated i n 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-T ITLE VI A SSURANCE
T itle VI So licitation 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.
Ti tle VI List of Perti nent Nondiscri min ati on Acts a nd A uth orities
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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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC§ 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Title V I 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 Ill 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 J ustice in Minority
Populations and L ow-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, po licies, 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 result ing agency guidance , national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title V I, 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).
Com pliance w it h N ondis crimina t io n Re qu irements
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 w ith 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, wh ich are herein incorporated by reference and made
a part of this contract.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race , color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity),
age, or disability in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities ,
including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21 .
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 w ill 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 w ill 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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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER
THE AIRPORT IMPROVEMENT PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of the Airport Improvement Program
grant assurances:
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree [in the case of deeds and
leases add "as a covenant running with the land"] that:
1. In the event fac ilities 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 facili ties 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 an d
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 representat ives, 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 w ith 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 discriminat ion in the use of said facilities, (2) that in
the construction of any improvements on, over, or under such land, and the f urnishing
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) th at 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 rel ated 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 A IR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regu lations 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 ra te 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 Liquida ted Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written
request of an authorized rep resentative of the Department of Labor w ithhold or cause to be
withheld , from any moneys payable on account of work performed by the cont ractor 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. CO PELAND "ANTI-KICKBACK " ACT
Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act ( 18 USC 87 4
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.
1 0. DAVIS-B ACON RE QUIREMENTS
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 contractua l 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 con tributions 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
con tract 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.
(8) 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
rafe (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 representat ive, 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 p rogram.
2. Withholding . The Federal Aviation Admin istration 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 con tractor, 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 Con t ractor, 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 rat es 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 emp loyee (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 Olvision Web site at httpJlwww.do/.qovlesalwhd/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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(8) 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 work ing h ours 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 con tractor 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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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed . In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in wh ich 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
j ourneymen 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 p redetermined 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 ment ion fringe benefits, tra inees 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 actuall y 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 th is 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 1 0 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 th is 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 E ligibility.
(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 th is 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 SU SPENSION
C ERTIFICATION 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.
CERTIFI CATI O N OF LOWER T IER CONTRACTORS REG ARDING DEBARMENT
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T he successful bidder, by administeri ng 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 successf ul 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) Inserti ng 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/G ender 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 lo 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) Disqual ifying the Contractor from future bidding as non-responsible.
Prompt Payment Mechanisms (§26.29)
The prime contractor agrees to pay each s ubcontractor u nder this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime
contracto r 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
Proiects
Directory (§26 .31)
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The Authority uses the Florida Unified Certification Program (FL UCP) DBE Directory, maintained
by the Florida Department ofTransportation (FOOT). 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 wo rk fo r 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.us/egualopportunityotfice/
Certificatio n Process (§ 26.61 -26. 7 3)
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 contrncts. To be certified as a DBE,
a firm must meet all certification eligibility standards. Tile Florida Department of Transportation
will make all certification decisions based on the facts as a whole.
For further information about the certification process or lo apply for certification, /inns should
contact:
Flo ri da Departme nt of T rans p ortation (FO OT)
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 Adm inistrat ive 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 : Gen e Sh ue,
Opera t ions Support Direc t or, Collie r County Airp ort Aut hority, 2885 S. Horses h oe Drive,
Naples, FL 34104, 239-252-51 69. 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 DRI V IN G / T EXTING W HEN 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 Wh ile 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 proj ect.
14. P ROHI BITION ON CERTAIN TELECOMMUNI CATI ONS AND VIDEO SURVEILLANC E
S ERV ICES OR EQ UIPMENT
The Federal awarding agency prohibits the County to enter in to 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 co mpliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1 )].
16. DOMESTIC PREFERENCE FOR PROCUREMENTS ANO 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 OPP ORTUNITY (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 nond iscrimination 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 reg ard to ra ce , color, re ligion , sex, sexual orientation , gender identity , or national orig in.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or appl icant for employment because such employee or applicant has inquire d about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
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This provIsIon shal l 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 Contracto r will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a n otice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
Contractor's commitments under this section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records , and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules , regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any such rules, regulations, or orders, this contract may be canceled, terminated ,
or suspended in wh ole or in part and the Contractor may be declared Ine ligible fo r 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 Labo r, or as otherwise provided by law.
(8) The Contractor w ill 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
actio n 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 , t hat in the event the contractor becomes involved in , or is t hreatened with,
litigation with a subcontractor or vendor as a result of such direction , the Contra ctor 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 . ucovered area» means the geographical area described in the solicitation from which
th is co ntract 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
H ispanic 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 w ith
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 person nel 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. ff such individual was sent to the union hiring hall for referra l 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 ii 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 fo r 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, bot h 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 em p loyment 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 solicitat ions 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 m inority 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 regula ti ons, 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 Co ntractor, in fu lfilling its obligations under th ese 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 respo nsible 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 th e work was performed. Records shall be maintained in an easily understandable and
retrievable f orm; 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 MI NIMUM 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 appli cable 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 e ntirety at the e nd of t his Ex hibit if applicable.
18. LOBBY ING AND INFLUENCING FEDERAL EMPLOYEES / CERTIFICATION
The Bidder or Offerer certifies by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
I ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder
or Offerer, 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 en tering 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 reta ins 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 -Occupationa l Safety and Health
Administration.
20. PRO CUREMENT 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 lo use products containing the highest percentage of
recovered materials for items designated by the Environmental Protection Agency (EPA) under
40 CFR Part 247 whenever:
I) The contract requires procureme nt 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 Federa l funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-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 con tra ct.
(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 con tract.
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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 § 40 1.14. Contractor must incl ude 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 safe ty .
24 . TAX DELINQUENCY AND FELONY CONV ICTIONS (form at the end of this doc ument)
CERTIFICATIO N OF OFFEROR/BIDDER 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 t his solicitation , it will incorporate this provision for certification
in all lower tier subcontracts .
Certifications (See Separate Assurance)
l} The applicant represents that it is ( ) is not ( X ) a corpora tion 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 corpo ration that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affi rmative to either of the above representations, the applicant
is ineligible to rece ive 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
convict ion to the Owner, who will then notify the FAA Airports Distri ct Office, which will then
notify the agency's SDO to facil itate completion of the requ ired 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
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the offense as a felony and conviction of an offense that is classified as a felony under 18
USC§ 3559 .
Tax De linq uency: A tax delinquency is any unpa id 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 th is 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 t he
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 comm its 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 ot her
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 ) with in 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 Contrac tor '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 expe nded and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other dire ct and ind irect expenses (including
Design Professional and attorneys' fees) or damages in c urred by Owner incident to such
completion, shall be deducted from the Contract Amount, and if such expenditures exceed the
unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand
the full amount of such excess , including costs of collection, attorneys' fees (including appeals)
and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the
Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to
complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be , shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
Page 26 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
1.4 The liability of Contractor hereunder shall extend lo 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 t his Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable, or
that Owner ls not entitled to the remedies against Contractor provided herein, then the termination
w ill 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 Contract or'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. TERM INATION FOR CON VEN IENCE AND RIG HT 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 e ntitled to any additional compensation or
damages. Provided , however, if the ordered suspension exceeds six (6) months, the Contractor
shal l have the right to terminate the Agreement with respect to that portion of the Work which is
subject to the ordered suspension .
3. TERMIN ATION FOR DEFAULT.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASS URA NCES
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 w ithin
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 t he 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) fa ils to obey any applicable codes, laws,
o rdinances, 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 defau lt(s) within seven (7) ca lendar 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, w ithout releasing or waiving
it s 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 Ag reement, in whole or in part, and take possession of all or any portion o f 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 fa ith 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 defa ult was excusable, or
that Owner is not entitled to the remedies against Contractor provided herein, then the termination
will be deemed a termination for convenience and Contractor's remedies against Owner shall be
e same as and limited to those afforded Contractor under Section 19 below.
Page 28 of 51
c AO
Page 5678 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
3.6 In the event (i) Owner fails to make any und isputed payment to Contractor within thirty
(30) days after such payment is due or Owner otherwise pers istently falls 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 Ag reement 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. TERMIN ATION FO R CON VENIEN CE A ND RIGHT OF SUSPEN SION.
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 conven ience,
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
Co ntractor 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 t he 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. T RADE 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 c itizen or national of a foreign country included on the list of countries that
discriminate agai nst U.S. firms as published by the U.S.T.R; and
3) has not entered into any subcontract for any product to be used on the Federal on the
project that is produced in a foreign country included on the list of countries that
discriminate against U.S. firms published by the U.S.T.R.
Page 29 of 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASS URANCES
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 Offerer/Contractor must provide immediate written notice to t he County if the
Offerer/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 w ithout 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
Page 5680 of 6405
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 furn ished 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, aud it, 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 CA TE GORY 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, kep t 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-Res pons Ible 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 build ing or public wor k 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, jud icial branch , or any state agency, in
accordance with Section 216.347, Florida Statutes .
UNAUTHOR~EDALIENS
FO OT 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.
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
E-VERIFY
Contractors shall: I. Utilize the U.S. Depa rtment 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 con tractor/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 perfonnance 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, contract ors,
subcontractors, consultants, and subconsultants are not agents of the Department as a result of
this Agreement.
CONSUL TANT/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
OOL WAGE RATE DECISION
181 APPLICABLE
See following pages for this documenl
Page 33 of 51
Page 5683 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANC ES
"General Decision Number: FL20230201 07/07/2023
Superseded General Decision Number : FL20220201
State: Flor i da
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 l east 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 .l(a) (2 )-(60).
llf the contract is entered
I into on or after January 30,
12022 , or the contract is
!renewed or extended (e.g ., an
loption is exercised) on or
!after January 30, 2022:
I
I
I
I
I
I
I. Executive Order 14026
I generally applies to the
contract.
The contractor must pay
all covered workers at
least $16.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2023.
I ________________ ----------------
1 If the contract was awarded on Executive Order 13658
l or between January 1, 2015 and generally applies to the
!January 29 , 2022 , and the contract .
!contract is not renewed or The contractor must pay alll
!extended on or after January covered workers at least I
130 , 2022: $12 .15 per hour (or the I
I applicable wage rate listed!
I on this wage determination, I
I if it is higher) for all I
I hours spent performing on I
I that contract in 2023 . I
Page 34 o f 51
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SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
The app licable 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 i nformation on contractor requirements and worker
protections under the Executive Orders is available at
http ://www .dol.gov/whd/govcontracts.
Modification Number
0
l
2
ASBE0067 -003 01/01/2021
Publication Date
01/06/2023
01/13/2023
07/07/2023
Rates
ASBESTOS WORKER/HEAT & FROST
INSULATOR ........................ $ 30 .12
Fringes
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
vaca t ion 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 Ho lidays : New Year 's Day; Memorial Day; Independence
Page 35 of 51
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Page 5685 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISI ONS AND ASSURANCES
Day ; Labo r Day ; Veterans ' Day , Thanksgivin g Day ; The Friday
after Thanksgiving Day ; and Christmas Day .
----------------------------------------------------------------
ENGI0487 -021 07/01/20 1 6
Rates Fringes
OPERATOR : Crane
All Crane s 160 Ton
Capacity and Ov er ........... $ 33 .05 9 .20
All Cranes Over 15 Ton
Capacity .................... $ 32 .05 9 .20
OPERATOR : Forklift .............. $ 23 .25 9 .2 0
OPERATOR : Mechanic .............. $ 32 .05 9 .20
OPERATOR : Oiler ................. $ 23 .50 9 .20
----------------------------------------------------------------
IRON0397 -007 07/01/2022
Rates Fringes
IRONWORKER , STRUCTURAL ........... $ 32 .60 16 .97
----------------------------------------------------------------
IRON0402 -001 10/01/2021
Rates Fringes
IRONWORKER , ORNAMENTAL ........... $ 25 .50 14 .66
----------------------------------------------------------------
* SFFL0821 -004 07/02/2023
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) ...................... $ 32 . 03 22 .15
----------------------------------------------------------------
* SUFL2014 -009 08/16/2016
Rates
CARPENTER ........................ $ 18 .00
CEMENT MASON/CONCRETE FINISHER ... $ 14 .85 **
IRONWORKER , REINFORCING .......... $ 26 .37
LABORER : Common or General ,
Fringes
0 .64
0 .60
12 .65
Page 36 of 51
Page 5686 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS ANO ASSURANCES
Including Cement Mason Tending ... $ 12 .25 **
LABORER : Pipelayer .............. $ 14.00 **
OPERATOR :
Backhoe/Excavator/Trackhoe ....... $ 22 .07
OPERATOR : Bulldozer ............. $ 15 .40 **
OPERATOR : Grader/Blade .......... $ 18.97
OPERATOR : Loader ................ $ 14 .00 **
OPERATOR : Roller ................ $ 14 .43 **
PAINTER : Brush , Roller and
Spray ............................ $ 14 .72 **
PIPEFITTER ....................... $ 21 .36
PLUM BE R .......................... $ 18 .01
ROOFER ........................... $ 19 . 00
SHEE T ME TAL WORKER , I ncl udes
HVAC Duct Installation ........... $ 19 .10
TILE SETT ER ...................... $ 18 . 0 1
TRUCK DRIVER : Dump Truck ........ $ 13 .22 **
TRUC K DRIVER : Lowboy Truck ...... $ 14.24 **
1. 03
1. 40
8.80
1. 90
0 .00
1. 40
4 .78
2 .13
7.93
2 .88
1.17
3 .27
0 .00
2 .12
0 .00
WELDERS -Receive rate p rescribed for cra f t pe rforming
operation to which welding is incidental .
** Workers in this classificat ion 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
dete r mination fo r 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
Page 5687 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
solicitation was issued ) on or after January 1, 20 1 7 . If this
contract is covered by the EO , the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
t hey wor k, up to 56 hours of p aid sick leave each ye ar .
Employee s must b e permitted to use paid sick leave f or the ir
own illness , injury or other health-related needs , including
preventive care ; to assist a family member (or person who is
like famil y to the emp loy ee) who is ill , injured , or has oth er
health-related n eeds , i ncluding preventive c a re ; 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
v iolence , sexual assaul t, or s talking. Additional information
on cont ractor requirements and worker protect ions 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 liste d 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
a n d wage rates t h at have been found to be p revailing for the
cited type(s) of constr uction in the area covered b y the wage
determination . The classifications are listed in alphabetical
order of ""identifiers "" that i ndicate whether the particular
rate is a union r ate (c urrent u n ion negotiated rate for loca l),
a survey rate (weighted average rate) or a un i on ave rage rate
(weighted union average rate).
Union Rate Iden tifiers
A four letter classification abbreviation identifier enclosed
i n dot ted lines beginning with characters other than ""SU "" or
'"'UAVG "" d enotes that the union classifica t i o n and r at e we re
prevailing for that classification in the survey . Ex ample :
PLUM0198 -005 07/01/2014 . PLUM is an abbreviation ide ntifier of
the union which prevai led in the survey for this
classi fication , which i n thi s example would be Plumb ers . 0198
indicates the local union number or district council number
where applicable , i .e ., Plumbers Local 0198 . The nex t number ,
005 in the examp le , is an inte rnal number u sed in processing
the wage determi nation . 07/01 /2 014 is the effective d ate of the
Page 38 of 51
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Page 5688 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROV ISIONS 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
Classificati ons 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 ind icates
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/CSA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
Page 39 of 51
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Page 5689 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be :
*
*
*
*
an e xis ting 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 re l ated matters, initial contact , including requests
for summar i es of surveys , should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the respon s e from this
initial contact is not satis fa ctory, 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 . Departme nt 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 Constituti on 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 descript ion , 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
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Page 5690 of 6405
SUPPL EMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Administrative Review Board
U .S . Depa rtment of Labor
200 Constitution Avenue , N .W.
Wash i ngton , DC 20210
4 .) All decis i o n s by the Administrative Review Board are final .
========----===========-==========---====--===---=-----=-=-------
END OF GENERAL DECISIO "
Page 41 of 51
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Page 5691 of 6405
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 Confl ict of Interest Certification
6. Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions
7. Certification Regarding Lobbying
8 . Acknowledgement of Grant Terms and Conditions
Page 42 of 51
CAO
Page 5692 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Ce rtifi ca ti on Rega rdin g Debarm ent , Sus pension, and Oth er Responsibility M11 tt ers
P rim ary Covered Tra ns act ions
(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; v iolation 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 (l)(b) of this certification; and
(d) Have not with in a three-year period preceding th is appl ication/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification , such prospective participant shall attach an explanation to this proposal.
Erika Bodenstein
Name
Vice President
Title
DEC Contracting Group , Inc.
Firm
Bulk Aircraft Hangar at Marco Island Executive Airport
Project Name
23-8120
Project Number
46-4934701
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
Signature
Page 43 of 51
CAO
Page 5693 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS ANO ASSURANCES
COLLI ER COUN TY
ANTICIPATED DISADVANTA GED, MINORITY, WO M EN OR VETERAN PARTI CIPATION STATE M ENT
SIJ!U\ 11¥1!1 be vrn<1C"d, Unvc hf.::h!r it.)1u•o1t1 w 'I rc~ul.fr tht \lrfldot/Pnm~ CO'\!u<.to• t o c-rt.hcr p,&W.dt-., cf!Vt~ s.bt~mc-fll Ot pu:;.--;idn ,ovrcc-
~O<'-ment.:rt>e>n t~t v.Wd.alc~ :.1 :st~ti..,. Canttxto, mc.a.n1-.a n r-iMy th.at •«civu,., ccnuJn.
A. VENDOR/PRIME CONTRACTOR INFORMATION
PRIM( r.AJAL PRIML JU() NUIAO£R COIIINA( I OOHAR AM OUN I
DEC Contracting Group, I nc. 46-4934701
.~ 1kt P~WI .t. llOIUO .. CIRTI"£0 oo.\OV.i.HfJ.GI D. VI IIRA!H y II 1; rH( Mll\lll\'01 llll~COIIIM(I,
',llM)'UIY Oil WOMI II !l..\1'1~ 11111 RPll.:.1 OBH COMIRU(IIOU 1 '( N 10411 /M~/WU.)I OIi kAVI I, :.M.i.tl C>IUOVANIA<,10
y ,.
W\IM ~ l!A Cll!TIFlC-.ll ,Oll f ROM 1111 ~VJll IIU!IM ~ r,,eu y I, {01,iOllllllO ln y H
"-01.',M~•AA noo? O R A ~111\'lCl OISA.&llO VI IIAA>.1 Willi V N OJIIC~? y N
!>088-\I y " 1S IHI~ SU llMISSIOI, A R(\MI0/,1 V Ii II YCS. RlVISION 1,UN-1£R ..
8. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED M INORITY, WOMEN-OWNED,5MAll
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE TH IS NEXT SECTION
08l, MB(, wel SUIICONlAACT OR OR SUPPUtR IYPL 01 WOlllt OR llllNICITY coot S08/)UP1>UlR PCl!C tNr o, comuc,
VU,U ,laaA HA...,[ )P (CIAllY (Ste Below) OOll.lll AMOUNT OOu.AJIS
DBE Breezv Cool HVAC BA $1"~ 1,:;n 5%
rDIAU·
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
HA Ml Of SU8MffllA DAit Tllll Of SUBMIITTR
Erika Bodenstein 5/23/2023 Vice President
lr.!All AOORUS Of PRJ~ll ()U8Mlnlll) lll(PHON I ff()M8t R f AX 11\J MBlR
erika@deccontracting.com 239-332-4322 239-332-0180
N0 11: t his ••'C>UN11cn b .,,~d cotnu. ,rrd repor t >nt,op.,t«l DOl or 1.18( 1»mop,110 ~ ,n fed,r.,lly 11.,dcdcoM,xt, l ho ,n1.c1 i;,,tcd O(IL o,
M 8C amoarrt t\ \-ol.1nt.:a!'y .,nd !M!I no\ be<.OtTI~ p.3rt o r 1ht (Mtr .t<U::>1 t um, 1l'II$ fo un mm1 b<" t1.bn11!tr.d ~l Umt of tC"'\P.,n~ t o .i
,d,c1tl~.n tf .Jhd 'N'l~n ~w ~d«l ;a. (O\!Nly ,or.n-;xt._. the-prirr~w U b., =-~4,c,d to L..pc.Jrt-t he 1rl0tl1'\ll1r0t1 '°' the ~r.:1n1 c-ompl~n<e '1J~s.
UHNICn"f (OD(
l!l.xl. Amc:tr.an IA
Hl~r>l<./.,,,,t,c_;sn HJ\
N11Nt Arn<,lun HA
)<.bconl,....,Jn Amu lt,n SM
ANn PJ d hc Ame rfan N'A
llon Minor Irv Woncn NM\11
Oth<:r: not of,.,., 01t.., aroup f.:.ted 0
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
o r PARIII.Olr W.MI COIUIJI COP<lflAO •C •~l'o>FO/AIQ) GAAtll 11.'0GltAMf(Ol,'lAAC.T
\
ACCtPICO BV: DAtl
l
2AO
Page 5694 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Prime Contractor/Consultant
COLLIER COUNTY
Bidders Opport un ity List
DEC Contracting Group, Inc.
Address I 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 (DlsedvantaQedl LESS THAN $1 MllLION
FIRM NAME tsreezy LOOI Atr L.ond1tJong MBE (Minorilvl BETWEEN $1-$5 MIILION
PHONE :>01 • JUO·O I::,::, WBE(Womeo) BETWEEN $5-$10 MIILION
STREET ADDRESS ~'¼Ill Lampi Ur NON-DBE BETWEEN $10 • $15 MIILION
CITY STATE ZIP I ~l,o Wnrth ,,,t?i;7 MORE THAN $15 MIIUON
YEAR FIRM EST. ?noR
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDE RAL TAX ID# DBE IDlsadvantaAedl LESS THAN $1 MIILION
FIRM NAME MBE (Mlnorilvl BETWEEN $1 • $5 MIILION
PHONE INBE Mlnmen\ BETWEEN $5 -$10 MIILION
STREET ADDRESS NON-DBE BETWEEN S10 -$15 MIILION
CITY STATE ZIP MORE THAN $15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE /Dlsadvantaaed\ LESS THAN $1 MIILION
FIRM NAME MBE (Mlnorllv\ BETWEEN $1 -$5 MIILION
PHONE INBE iwomen\ BETWEEN $5 -$10 MIILION
STREET ADDRESS NON-DBE BEnNEEN $10-$15 MIILION
C ITY STATE ZIP MORE THAN $15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE (DlsadvanlaQed) LESS THAN $1 MIILION
FIRM NAME MBE /Mlnorilv\ BETWEEN $1 -$5 MIILION
PHONE INBE /Women\ BETWEEN $5 -$10 MIIUON
STREET ADDRESS NON-DBE BETWEEN $10-S15 MIILION
CITY STATE, ZIP MORE THAN $15 MIILION
YEAR FIRM EST.
FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE (Dlsadvantaaed l LESS THAN $1 MIILION
FIRM NAME MBE /Mlnorltv\ BETWEEN S1 • $5 MIILION
PHONE WBEtwomen\ BETWEEN $5-$10 MIILION
STREET ADDRESS NON-DBE BETWEEN $10 -$15 MIILION
CITY STATE ZIP MORE THAN $15 MIILION
YEAR FIRM EST.
FI RM I NFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS
FEDERAL TAX ID# DBE (DlsadvantaQed) LESS THAN $1 MIILION
FIRM NAME MBE (Mlnoritv\ BETWEEN $1 -$5 MIILION
PHONE WBEIWomenl BETWEEN $5 • $10 MIILION
STREET ADDRESS NON-DBE BETWEEN S10-$15 MIILION
CITY STATE ZIP MORE THAN $15 MIILION
YEAR FIRM EST.
Page 45 of 51
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Page 5695 of 6405
OR
SUPPLEMENTAL FEDERAL CONTRACT PROVISIO NS 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 offerer must complete , sign , date, and submit this
certification statement with their proposal. The bidder or offerer 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 se lect one or the other (not both) by inserting a checkmark (✓) or the
letter "X".
D 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 (includi ng polyvinylchloride , composite buildin g
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 Adm inistration
(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 rej ects.
d) To refrain from seekin g a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
~he 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 respons ive 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 determ ines justified.
Page 46 of 51
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Page 5696 of 6405
SUPPLEMENTAL FEDERAL CONTRAC T PROVISIONS AND ASSURANCES
Requi red Documentatio n
Certifi cation of Bu y Americ an Certificatio n for Equipment/Bu ild i ng Projects
Type 2 Wai ver (Nonava ilability) -The iron, steel , manufactured goods or construction materials are
not available in sufficient quantity or quality in the U nited States. The requ ired documentation for the
Nonavailability waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questi onnaire
b) Record of thorough market research, consideration where appropriate of qualifying
alternate items, p roducts, or materials including;
c) A description of the market research activities and methods used to identify
domestically manufactured items capable of satisfying the requi rement, including the
timing of the research and conclusions reached on the availability of sources.
T ype 3 W ai ver -The cost of the item components and subcomponents produced in the United
States is more that 60 percent of the cost of al l components and subcomponents of the "item". The
requi red 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 tha t are not comprised of 100
percent U.S . domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Iss ued 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 l abor cos ts
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 assemb ly at place of manufacture.
Type 4 Waiver (Unreasonable Costs) -Applying this provision for iron, steel, manufactured goods
or constructi on 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 equa l 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 certifi cation
may render the maker subject to prosecution under Title 18, United States Code .
May 23, 2023
Date
DEC Contracting Group, Inc. V ice President
Company Name T itle
Page 47 of 51
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Page 5697 of 6405
23-8120
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Co nflict of lntcrcst
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 relat ive 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
Na m e Sign
Vice Presiden t May 23. 2023
Position Date
Pl"ivacy Act Stateme nt
Tille 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 tJ1is infonnation. The primary use of the information ou this form
is for review by officials of The Justice Department to determine compliance with appl icable federal
conflict of interest laws and regulations. Additiona l disclosures of the infonnalion on this report may be
made: (I ) to a federal, state or local law enforcement agency if the Ju slice Department becomes aware of a
violation or potential violation of law or regulations; (2) to a court or party in o court or federal
administrative proceeding if the government is a pflrly or in order to comply with a judge-issued subpoena;
(3) to a source when necessa1y to obtain infonnation relevant to a conflict of interest investigation or
decis ion ; (4) to the Notional Archives and Records Administration or the General Services Administration
in records management inspections; (5) to the Office of Management and Budget during legislative
coordination ou private relief legislation; and (6) in response to a request for discovery or for the appearance
of a wituess in a judicial or administrative proceeding, if the infonn11tion 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
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Page 5698 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
uency ond Felon Co n victions
The Contractor must complete the following two certification statements . The applicant must
indicate its current status as it relates to tax delinquency and fe lony conviction by inserting a
checkmark (✓) in the space following the applicable response. The applicant agrees that, if
awarded a contract resul ting from this solicitation , it will incorporate this provision for certification
in all lower tier subcontracts .
Certifications
I) The applicant represents that it is ( ) is not ( X ) a corporation that has any unpa id
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The applicant represents that it is ( ) is not ( X ) is not a corporation that was
Term Definitions
Fel o n y con v ic tion: Felony conviction means a conviction within the preceding twenty-
four (2 4) months of a felony criminal violation under any Federal law and includes
convict ion of an offense defined in a section of the U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under
18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative rem edies have been exha us ted , or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting th e tax liability.
Erika Bodenstein Vice President
Name Title
DEC Contracting Group, Inc.
Firm
S111ature
Page 49 of 51
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Page 5699 of 6405
SUPP LEME NTAL FEDERAL CO NTRACT PROVI SI ON S AND ASS URAN CES
COLLIER COUNT Y
Fed ernl anrt Stnte Certifi cation Re ardin , L o b byin
The undersig ned certifies, to the best of his or her knowledge , that:
(1) No Federa l appropriated fund s have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing o r attempting to influe nce 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 con nection with the awarding of a ny 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 t han Federal a ppropriated f und s have been paid or will be paid to any person
for in fluencing or attemptin g to infl uence an officer o r employee of any agency , a Member of
Congress, an officer or employee of Congress, or a n employee of a Member of Congress in
connect ion with this Federal co ntract , grant, loan , or cooperative agreement , th e undersig ned
sha ll complete and submit Standard Form-LLL , "D isclosure Form to Report Lobbying," in
accordance with it s instructions .
(3) The undersigned shall require that the language of this certification be in cluded in the award
documents for all s u bawards at all tiers (includi ng s ubcontracts , su bgra nts, and contracts under
grants , loans, and cooperat ive agreements) a nd that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which re liance was placed when this
transaction was made or e ntere d into. Submission of th is certification is a prerequisite for making
o r ente ring in to th is transaction imposed by 31 , U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fa ils 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 failu re .
The Contractor, DEC Contracting Group, Inc. , certifies or affi rms the truthfulness and
accuracy of each statement of its certification and disclosure , if any. In addition, the Contractor
understands and agrees that the pro vi sions of 31 U.S.C . § 3801 et seq., apply to this certifi cation
and disclosure , if any.
In addition , the Contra c tor underst ands and agrees that the provisions of 11 .062, Flo rid a
Statutes., apply to this certificat ion and disclosure , if any.
P.t ~ ~nature of Contractor's Authorize d Official
-=E~ri:.;.;ka:::..:::B.:a.od=.;e::.:.n.:..:::s:.;.;te::.:.i:.:Jn,._V:..:i.::::.ce~P.:..;re:;.;;s;.;.;id:;.;:e:.:..n:.:..t __ Name of Authori zed Official and Title
--1.11M:1..11§1.1Y...1112o.ll3"'-, .-2.i.:.02-:3"--_______ Date
Page 50 o f 5 1
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Page 5700 of 6405
SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLJER COUNTY
Aclcnow led ement of Terms Con<iitions and Grant Clnuses
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 incl ude in the subcontract that (1) the subcontractor is bound by the
terms of th is 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 requ ired 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
requi rements ide ntified in this solicitation document(s).
Vendor/Contractor Name DEC Contracting Group, Inc.
Authorized Signature ;::; '-MQ a~
Address 1560 Matthew Drive, Ste . B, Ft. Myers, FL 33907
Solicitation/Contract# 23-8120 ------------
Date May 23 2023
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DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Vice PresidentErika Bodestein4/17/20244/17/2024Scott TeachPage 5738 of 6405
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