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Agenda 05/13/2025 Item #16G 1 (Change Order No. 3, under Agreement No. 23-8120 with DEC Contracting Group, Inc.)5/13/2025 Item # 16.G.1 ID# 2025-1060 Executive Summary Recommendation to ratify administratively approved Change Order No. 3, authorizing the use of $41,427.40 from the Owner's Allowance for required fire code compliance changes under Agreement No. 23-8120 with DEC Contracting Group, Inc., for the “Bulk Aircraft Hangar at Marco Island Executive Airport” project, and authorize the Chairman to sign the attached Change Order. (Project No. 33822). OBJECTIVE: To ratify administratively approved Change Order No. 3 allowing for zero additional days of contract time and to use $41,427.40 of the Owner’s Allowance for required fire code compliance changes to the Bulk Aircraft Hangar at Marco Island Executive Airport. CONSIDERATIONS: Change Order No. 3 to Agreement No. 23-8120 (the “Agreement”) with DEC Contracting Group, Inc. (the “Contractor”) is a request to add zero days to the project’s contract time and to use $41,427.40 of the Owner’s Allowance. Change Order No. 3 arises as a result of comments from Collier County Fire Review regarding the fire alarm system and the use of National Electrical Manufacturers Association enclosures (hereafter “NEMA”) for fire equipment. Per Bulletin 24, Fire Alarm Systems Installation, NEMA 4 enclosures can no longer be used; rather, fire equipment must be located in a climate-controlled environment that meets National Fire Protection Association 72 requirements (hereafter “NFPA”). As a result, it was necessary to design a 3’x7’ room inside the hangar to accommodate that requirement. This Change Order includes the necessary fire-rated wall material/door and associated hardware, an air conditioner mini-split unit, and the associated electrical modifications. The fire alarm system equipment which is included in this Change Order is also fireproof. The cost of this work totals $41,427.40, which was reviewed by the designer and the County’s Construction Engineering Inspector verified the cost reasonableness of this expense. The additional scope required by this Change Order necessitated the use of the updated Davis Bacon Wage Rates for this work, which has been accounted for in the cost of the Change Order. The cost incurred from this change will come from the $165,000 Owners Allowance, with no additional funding required beyond the original contract amount. There is currently an available balance of $142,791.24 in the Owner's Allowance. The County’s Procurement Services Division administratively approved Change Order No. 3, as authorized under the Procurement Ordinance, Section Nineteen, Contract Administration, Section 19, subsection 3.b. 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. FISCAL IMPACT: Approval of Change Order No. 3 will not increase the contract amount under Agreement No. 23- 8120 nor increase the contract time for the project. While there is no cost increase to the Agreement, the amount of $41,427.40 would be utilized from the Owner’s Allowance balance of $142,791.24, reducing it to $101,363.84. The Owner's Allowance being utilized for this Change Order is funded by the Airport Authority Capital Fund (4091), Project 33822. This is a grant-eligible expenditure and the Collier County Airport Authority will seek additional funding during the grant closeout process as advised by the Federal Aviation Authority (FAA). 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 Page 3884 of 5243 5/13/2025 Item # 16.G.1 ID# 2025-1060 RECOMMENDATIONS: That the Board ratify administratively approved Change Order No. 3, authorizing the use of $41,427.40 from the Owner's Allowance for required fire code compliance changes under Agreement No. 23-8120 with DEC Contracting Group, Inc., for the “Bulk Aircraft Hangar at Marco Island Executive Airport” project, and authorize the Chairman to sign the attached Change Order. (Project No. 33822). PREPARED BY: Bryant Garrett, Executive Airports Manager ATTACHMENTS: 1. MKY Bulk Hangar DEC Contract Change Order No 3 April 7, 2025 2. 018-Work Directive Change DEC Fire Code Additions_ATK 3. 23-8120 Contract_DEC_FullyExec_Reduced MKY Marco Bulk Hangar (2) 4. 23-8120_FirstAmend_DECContracting (2) 5. 23-8120_Second_Amend_DECContracting (2) Page 3885 of 5243 Co~-rCounty ~ Procurement Services Change Order Form Contract# 23-8120 CO# 3 PO# 4500229417 Project#: 33822 Project Name: Bulk Aircraft Hangar at Marco Island Executive Airport Contractor/Consultant Name: DEC Contracting Group, Inc. Select One: 0 Contract Modification (Construction or Project Specific) D Work Order Modification Project Manager Name:! Nick Rossdale l Division Name : IOPM/Airport Authority Original Contract/Work Order Amount $3 ,063,0 09.41 10/10/023 Item #16G1 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount $3,063,009.41 01/28/2025 Item #16G1 Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount $3 ,063,009.41 07/30/2025 SAP Contract Expiration Date (MASTER) Dollar Amount of this Change $0.00 0.00% Total % Change from Original Amount Revised Contract/Work Order Total $3,063,009.41 0.00% % Change from Current BCC Approved Amount Total Cumulative Changes $0.00 0.00% % Change from Current Amount Notice to Proceed I 1/29/2024 Date Original NTP 1 366 I Original ~inal 1112912025 # of Days .__ ___ __, Completion Date Last Final 17/30/2025 I Approved Date L. ----- # of Days Added I O I Revised Final Date 1 713012025 I c_urren~ Substantial Completion Date 1613012025 (includes this change).__ ____ _, (1f applicable) Provide responses after each question in box below (Responses should be brief and specific). Attach additional information and/or documentation from the Design Professional and/or Contractor, if needed, with your submission of th is Change Order and complete summary on next page. Check all that apply to this Change Order request: [J Add Time; D Add funds; 0 Use of Allowance; D Modify/Delete existing Task(s); 0 Add new Task(s); D Reallocate funds; D Other (must be explained in detail below) 1.) Detail of change/s to be made through this Change Order. This Change Order request is in response to comments from the Collier County Fire Review regarding the fire alarm system and the use of a NEMA 4 enclosures for the fire equipment. Per Bulletin 24: Fire Alarm Systems Installation, NEMA 4 enclosures are no longer allowed to be used in Collier County and the equipment is to be located climate-controlled environment which meets the NFPA 72 requirements. Therefore , a 3' x 7' room was designed inside the hangar to accommodate the request of the fire reviewer. This Change Order includes the necessary fire rated wall material/door and associated hardware, an Air Conditioner mini split unit, and the associated electrical modifications. The fire alarm system equipment also needs to be fireproof equipment and is included in this Change Order. The cost for this work totals $41,427.40, which was reviewed by the designer and CEI services to verify cost reasonableness. The cost of the change order will come from the $165,000 Owners Allowance and no additional funding is being sought for this Change Order outside of the original contract. After Change Orders 1 & 2, the Owner's Allowance has a remaining $142 ,791.24. This additional scope also required the use of the updated Davis Bacon Wage Rates for this work and that has been accounted for in the cost of the Change Order. 2.) If this Change Order is currently under a Stop Work, please identify the date issued and number of days remaining or "N/A" if not applicable. N/A 3.) Explain why this change was not included in the original contract/Work Order. The requested change was not included in the previous scope because this work was in response to Collier County Fire Review comments received from the review regarding the NEMA 4 box and weatherproof equipment when the fire permit was applied for. 4.) Describe the impact if this change is not processed. If this change order is not processed the hangar will not pass fire inspection and occupancy will not be obtained . Page 1 of4 Change Order Form (2023_ver.1) CAO Page 3886 of 5243 Co~er County ~ Procurement Services Change Order Form Contract# 23-8120 CO# 3 PO# 4500229417 Project #: 33822 Project Name: Bulk Aircraft Hangar at Marco Island Executive Airport Contractor/Consultant Name: DEC Contracting Group, Inc. Change Order/Amendment Summary (If additional spaces needed, attached a separate Summary page to this amendment request) COST TIME CO# AMD# Description Additive Deductive Days Total New Justification (+) (-) Added Time Repeating construction work on the Bulk Repeating construction won< on the Bulk Aircraft Hangar Aircraft Hangar at Marco Island Executive at Marco Island Executive Airport that was comp leted and Airport that was compl eted and inspected prior inspected prior to the onset of Hunicane Milton on to the onset of Hunicane Millon on October October 10th , 2024, and was damaged due to the stonn 1 10th, 2024, and was damaged due to the $9,582.30 8 374 storm surge llooding on the construction site. surge flooding on th e constructi on site. The cost of $9,5 The costof$9,5 &2 .30 will come from the 82.30 Yall come from the Owne(s Allowance and Is Owner's Alowance and Is already part oflhe contractor's contract price already pa rt of the contracto(s contract prtce nie re bar and other ha1d'.v..,-o ( Ptdella,. and e11b1) This modification will account for the requ~ed to 11tr11mglM11 tho 0MCl"t l• ,I.lb and to eonne-c;t lho 1ttuc.tural lletllo ~ foondallo111ndflooreont.1tle llab appropriate anchor bolt depth and 'l'IH sized i.nifomT( at one le01iJth for 11 ,rn, on lht pot#ed ((1,11,Cftlt. HO'..,>ever, the eonaete 11ib wn not 2 d N lgntd to be one riorm lhlekntM. The .itb ti Pt rt rn $12,626.46 4 378 reinforcing rebar required to thkltne",f1o,ma m.axrnumat lhe h angar enlrll\C.fl toa m:nimu"l!Wc kne" at lht itM po,tiOII ofth9hl01iJtl, Thi adequately support the building apedfiedhu dwa re ~Ivar, ln le01iJthlo aehle,·e the ... me ,truciuralirCeg,ty atalce>nnectiof'l loc.ationt. The bu e based on loading conditions ,ll'udural duQn N d to be d e red, and lhe ■llertd s,lin,, .,.,,ire p!V'med_ 10 lhe Conlrac.lor to eonwuct n a«.Otdance Additional Air Conditioned room Hangar will not be able to pass and fireproof equipment added to 3 the project in response to Collier $41,427.40 0 378 fire inspection and get County Fire Revi ew Comments. occupancy if the Air Conditioned This change order will use funds from the owners allowance. room is not constructed. D Check here if additional summary page/s are attached to this Change Order Page 2 of 4 Change Order Form (2023_ver.1) CAO Page 3887 of 5243 Co~rCounty ---~ --Procurement Services Change Order Form Contract# 23-8120 CO# 3 PO# 4500229417 Project Name: Bulk Aircraft Hangar at Marco Island Executive Airport Contractor/Consultant Name: DEC Contracting Group, Inc. Project #: 3 3822 Acceptance of this Change Order shall constitute a modification to contract I work order identified above and will be subject to all the same terms and conditions as contained in the contract I work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor I Vendor I Consultant I Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Contractor/Consultant/Design Professional signature below must be from an authorized person/officer/director of the Company or listed as the qualified licensed Professional "Project Coordinator" or Design/Engineer Professional under the agreement. Signature authority of person signing will be verified through the contract OR through the Florida Department of State, Division of Corporations (Sunbiz) website (https:l/dos.myflorida.comlsunbizlsearch0. If the person signing is not listed, we will require signature authority by one of the listed officers/directors of the company giving that person signature authority. Prepared by: RossdaleNick Signature-Division Project Manager Nick Rossda ie Printed Name Digital ly signed by Austin Tyler Brown Contact l nro: abtown@bowman.com Accepted by: Oate: 2025.03.27 11 :46:01-04'00' Di gitally signe d by RossdaleNick Date: 202 5.03 .27 11 :12:46 -04'0 0' Signature-Design/Engineer Professional (if applicable) A ustin Brown, Senior Proj ect Engi neer, Bowman Printed Name/Title/Company Name Douglas R Masch 11 Digitall y signed by Douglas R. Masch II Accepted by: • Date: 2025.03 .27 16 :18 :25 -04'00' Signature-Contractor/ConsultanWendor Douglas R. Masch 11 , President, DEC Contracting Group , Inc. Printed Name/Title/ Compan y Name GarrettBryant Digitally sig ned by GarrettBryant Approved by: Date: 2025.03.31 06 :57 :44 -04'00' Si gnature-Division Manager or Designee (Optional) Printe d Name H tt D Digitally signe d by Hutton Darre n Approved by : U On arren Date: 2 025.04.02 15:18:22-04'00' Si gnature-Divi s i on Direct or or Designee (Optional) Printed Name Digitally signed by JA.4 /l,. I s ttTr'n 'ty ScottTrinity r n,-K(,,{/ co I I Date: 2025.04.04 Approved by : 13:06:32 .04•00· Sign ature -Division Administrator or Designee (Optional) Printed Name Page 3 of 4 Change Order Form (2023_ver.1) Date: ______ _ Date: 03/2 7/2025 Date: 3.28.25 Date: ______ _ Date: ______ _ Date : ______ _ t:;P..0 Page 3888 of 5243 eol&r County ___.#~ ..._ Procurement Services Change Order Form Contract# 23-8120 CO#3 PO# 4500229417 Project Name: Bulk Aircraft Hangar at Marco Island Executive Airport Contractor/Consultant Name: DEC Contracting Group, Inc. FOR PROCURMENT USE ONLY FY ~ CHO Request# J 641 J Project #: 33822 Digitally signed by BowdenStephanie BowdenStephanie Approved by: ___________ Date: 2025 .04.04 16:26:03 -04'00' Signature-Procurement Professional Signature/Date Approved by: ______________________________ _ Signature-P rocurement Manager/Director (OPTIONAL) APPROVAL TYPE : ~ Administrative D Administrative-BCC Report D BCC Stand-Alone ES (BCC Approval Required) ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: __________ _ (SEAL) BCC APPROVAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By : __________ _ Burt L. Saunders , Cha irman Date: ________ _ Agenda# ______ _ Approved as to Form and Legality: Deputy County Attorney Print Name Page 4 of 4 Change Order Form (2023_ver.1) @o Page 3889 of 5243 DEC CONTRACTING GROUP, INC. Dedicated t o Excelle nce in C onstr uction February 19, 2024 Request for Change Order Project: Bulk Aircraft Hangar RCO No. 003 Description: Added Fire Alarm Closet (Design Changes per the Building Department} To: Bryant Garrett Marco Island Executi ve Airport Items: 1 2 3 4 5 6 Markups: 1 Totals: Items Markup Supporting Documents : Description BlackWolf Contracting Breezy Cool Air Federal Electric Fedora lntertech Pinnacle Door and Hardware AC Cabinet Credit (labor only} Rate 5% Amount $13,938.38 $8,228.00 $11,517.77 $4,069.42 $1,901.10 ($200} $1,972 .73 $39,454.67 $1,972.73 $41,427.40 RCO # 3 Backup Documents Note: This CO is in res ponse to DEC Contracti ng Group, Inc's. RFI (16} on December 12, 2024, including a comment lette r r eceiv ed from th e Fire Ala rm Subcontractor entailing comments from the Colli e r County Fire Reviewer regarding the EOR approved Engine e re d Shop Dra wings and Submittal infor mation. 1560 Matthew Drive, Suit e B, Fort Myers, F lorida 33907 (239) 332-4322 -Office • (239) 332-0 180 -Fax info@deccontract ing .com CGC 1526430 CAO Page 3890 of 5243 The comment letter, specifically comment #4, states that the current design is not compliant with Collier County Local Directive {Bulletin 24) and that to meet this requirement a climate- controlled room must be constructed and equipped with a mini-split system to contain the FACU, communicator and relatable addressable components. In addition, comment #5 states, Fire Alarm addressable components must be weather resistant. This was discussed in the progress meeting held on December 16, 2024, and it was decided that the best course of action would be for the design professionals to reach out to the fire reviewer, Scott Ctvrtnik, and get specific details on what their design should entail for smooth resubmission to the Fire Reviewer. The initial sketch that was provided to DEC for resubmission to the building department entailed a room with an added Interior Door and Frame, Fire Rated Plywood, Metal Framing, Drywall, Electrical work, and an added Mini-Split AC system. These items go past our contracted scope of work for this contract. January 28, 2025, the RFI was officially responded to with the new design and proper documentation for resubmission to the building department. DEC then uploaded the revised drawings to the Collier County GMD permitting website for review. Approval for the changes to DEC's building permit were issued on February 4, 2025. Fire Alarm Contractor then began their Fire Alarm permit resubmission, and it was completed on February 10, 2025. All reviews have been completed in the building department. And the approved changes are reflected in the Change Order Request. DE C is also re ei uesti Ag Si *tY (60) aeleliti ona l Days for th e el elay. Respectfully, Erika Bodenstein, M.B.A. Vice President CAO Page 3891 of 5243 ~ ~ i\lrRAC.i'\ Black Wolf Contracting Antonio A. Alvarez P. 0. Box 182, Fort Ogden, FL 34267 863-632-6570 Quote-Fire Alarm Panel Closet Date Revised: February 19, 2025 Blackwolf contracti ngllc@gmaiI.com Attn To:DEC Contracting Job Name: Fire alarm panel closet Scope of work: Supply and Install Materials to construct Hangar Closet to house F ACU Equipment. Materials: 3/4" Fire Rated Plywood, 3 5/8" Metal Studs, Abuse Resistant Gypsum Board, Batt Insulation, 4" Rubber Base, Painting. Labor: Provide Labor to install small closet , roof of closet, painting and install base. Material Cost:$6, 171.26 Labor Cost: $6,500.00 Subtotal:$12,671.26 Mark Up at 10%: $1,267.12 Total: $13,938.38 All materials to meet the BABA Act All work to be done during normal working hours Updated Davis Bacon Wage Rates Included No Bonds Price valid for two weeks Sinc erely, Antonio Alvarez CAO Page 3892 of 5243 lr-sr~~zy Breezy Cool Air Conditioning, Inc. 9482 Campi Drive Lake Worth Florida 33467 To : DEC Contracting Group, Inc. Bulk Aircraft Hangar Mini Split System Estimate# EST-1765 Materials: One Mitsubishi System CU Model: PUY-A12NKA7 , AHU Model:# PKA-A12LA1, Suction Line, Liquid Line, Wire, Slab, Condensate Pump, Float Switch, Remote , Cable, Neoprene Pads, Line Cover, Insulation for lines and Condensing Unit Coating Cost: $4,000.00 Labor: Labor to Install the new Mini Split System Per Revised Drawings $3,480.00 Subtotal: $7,480.00 Markup at 10%: 748.00 Total: $8,228.00 Mini Split System is 3-4 out from approved Submittal, Shop Drawings/Subm ittal will be provided upon fully executed CO. Customer Signature: _________ _ CAO Page 3893 of 5243 Job ID: JOB-0025 Project: marco Isl and airport change 1 Bid Brief Form Report Tax Rate status: Default Bid Name: Base Bid Federal El ectric Inc ConEst Son.ware Systems Description Material Estimated Material Materi al Adjustment Labor Direct La bor Hours Labor Dollars I ndirect Labor Labor Escalation Labor Adj ustments Direct Job Costs Estimated DJC DJC Adjustments Material Total: Labor Total: Direct Job Costs Total: Taxes Material Tax (7.0000%) Quote Tax (7.0000%) Labor Tax (0.0000%) Equipment Tax (7.0000%) Subcontract Tax (7.0000%) Taxes Total: Davis Bacon Wage Rate Adjustment Per New Rates Mark Up at 10%: Change Order Subtotal: Change Order Total : $11,517.77 2806 Sw 34th Ter Cape Coral , n 33914 Amount 2,387,98 0 .00 38.77 6,677.56 0.00 0 .00 0 .00 0.00 o.oo 0.00 0 .00 o.oo 0 .00 0.00 Subtotal 2,387.98 6,677.56 0.00 0.00 $1,405.16 $10,470.70 $1,047 ,07 ~~ FEDERAL ;~') ELECTR IC -. -rJ 239-673.,8247 www.FederalElettriclr'ic;com 30 Jan 2025 11:2 3:34 Bid Template: FEDERAL ELECTRIC I NC Phone:2396738247 Web: WWW,FEDERALELECTRICINC.CO Page 1 of 2 CAO Page 3894 of 5243 Marco Is land Executiv e A i rport Bulk Aircraft Hanger NEW Davis Bacon Rates & Add itional Equipment Per Approved Permit DEC Contractinq Group. Inc 2005 Main Sai l Drive Napl es, FL 341 14 Un ited States 239.332.4322 FEDORA Proj ect#: FL -23 -052 1 Revision: 0 Modified : 2/8/2025 @ IN TE RTE CH We imp rov e your •saf ety , se curi ty, produc.t i\l it y, & p erform o nca l t;rtc"iJf'f', Conf1 .-c.1 .. ProtofU ,, Sol~Uc,,,. ~~ ~©., ,:~ ~ J secur 1v L.11~60,1'11 Solu!D".'1 SOJJ h Ut"~ 0 0 '4Cnttc,Jlnq ~41\151,m JS~'tirlS &:~ion-. lrulu ~l lio\ ~~-5-~ --~fj .. @ cc.,-,uruotroM @ ,1ot,,01b.a. Au:omc.t l:m --~- 1_1 ,o ccnh:11~ -._,.... r, • ~ .-. C.i'J,U f~ r_.,, ......... f.ti.nr-9 "'°°l1 i,o fh,il'i?ft Au!O'l'\0li/irt-!11•!ilh•llMO tl\lUr •:UJ Presented By: Fedora lntertech 3200 Ba il ey Lane, Su ite 302 Deli ver t o W areh o use 1 Naples, FL 34 10 5 United States 239-596-85 0 0 www.fe doraint ertec h.com ..... ("'1 . I r. -' ;_ 7 .• f L £1 r C ._, .. JU • a •• • - UIMW!on -n l'frio t""f,fWI "IJI W \V \V . f ! ' cf () I , l i 11 I !' I I <' < 11 . <. U Ill ·-· .. - •11J ••~d. 1■·111 • i; ff:11\w t FEDORA INTERT ECH Secure, Connect & Protect CAO Page 3895 of 5243 Scope of Worl< This Change Order 2 is to reflect the increase to the Davis-Bacon rates on this project.and to add additional fire alarm equipment and also provide weatherproof fire alarm equipment per the Approved Fire Alarm Permit issued on 2-8-2025. Labor Increase per Davis Bacon Wage Rates: $553.48 Materials: $3,146.00 Subtotal: $3,699.48 Mark Up at 10%: $369.94 Total: $4,069.42 * Pri ce Includes Accessories M,uco lsLmd Executive Airport Bulk Aircraft Hanger NEW 0 ,wis.,Ba(Jcm iRatos ·& Additional Equipment Pcr.•Approved l',1111· 'nl ', CAO Page 3896 of 5243 ■ Equipment Fire -~ 1 4 7nf 1 4 4 fl. 1 2 Ditek DTK-120HWLOK 120VAC, 20A Parallel Protector UL 1449 Listed w/Lockout Kit Potter RMS-1T-WP Potter RMS-1T-WP Weather Proof Single Action Pull Station Silent Knight SK-MINI MON Silent Knight addressable mini-monitor module System Sensor P2RHK Weatherproof High CD Horn Strobe System Sensor P2RK Two-wire, outdoor horn strobe System Sensor SRHK Weatherproof High CD Strobe Materials Total: * Price Includes A ccesso ries Mc1rco lslc1nd Executive Airport Bulk Aircrc1ft Hc1nger NEW Davis,1 8aoon ,Riltos ,& Additional Equipment Per.,App>roved Permit $3,146.00 f>,l(J(' ( ii ', CAO Page 3897 of 5243 ■ Project Summary Grand Total: $4,069.42 ■ Payment Terms Price Includes • Bill Of Materials as indicated • Miscellaneous material and supplies required to install Bill of Materials • Engineering Labor • Installation Labor • Project Management Labor • Training as included in Scope of Work PAYMENT SCHEDULE A <for projects valued over $25.000.00): Unless otherwise noted by Fedora lntertech, progress invoices will be submitted in monthly draws, with an initial progress invoice for mobilization and/or equipment, to be delivered upon execution of contract. Progress invoices will be issued according to the schedule below: • Invoice #1 will be issued within five (5) days upon execution of this proposal/agreement -30% for presales, engineering, CAD and design • Invoice #2 will be issued when the Equipment is ordered and resource planning takes place -30% • Invoice #3 will be issued when the cabling commences and the equipment is delivered -30% • Final Invoice will be issued at substantial completion -10% final invoice PAYMENT SCHEDULE B (for projects valued under $25.000.00): Unless otherwise noted by Fedora lntertech, progress invoices will be submitted in monthly draws, with an initial progress invoice for mobilization and/or equipment, to be delivered upon execution of contract. Progress invoices will issued according to the schedule below: • First invoice will be issued within five (5) days upon execution of this proposal/agreement -60% for presales, engineering, CAD and equipment procurement. • Second invoice will be issued upon substantial completion -40% final invoice All invoices are due net upon receipt unless otherwise noted by Fedora lntertech. Upon receipt of payment for the initial progress invoice and a signed purchase order, a Project Manager will contact the client to schedule the project. Work on site will not begin until the initial progress payment is received. Fedora lntertech reserves the right to charge interest for any invoice over 30 days old. The interest rate charged will be the full amount allowed by law. All equipment is covered by the standard manufacturer's warranty* which the client may optionally upgrade to one of Fedo ra lntertech's Signature Service Plans. All installation labor is warranted for 12 months after job completion which the client may optionally upgrade to one of Fedora lntertech's Signature Service Plans. (Warranty provisions do not apply to existing systems and Marco Island Executive Airport Bulk Aircraft Hanger NEW D,wis.,8a(1or1 ,Ratos ·& Additional Equipment Pet.·Apri!roved Permit iidM■■ CAO Page 3898 of 5243 optionally upgrade to one of Fedora lntertech's Signature Service Plans. (Warranty provisions do not apply to existing systems and equipment; *new equipment is warranted by the manufacturer or, if the manufacturer coverage is less than 12 months, by Fedora lntertech for the balance of 12 months from job completion.) This proposal does not include tax. Fedora lntertech requires a copy of Tax-Exempt Certificate to provide services on a tax-exempt basis. Client: Fedora lntertech: ■ Terms and Conditions https://fedora intertech.com/legal-commercia l-genera l-terms/ https://fedora i ntertech.com/lega l-commerdal-serv ice-t icket/ ■ Acceptance of Terms & Service Agreement Client's Authorized Signature of Acceptance Signature: Name: Company: Fedora lntertech Authorized Signature of Acceptance Signature: Name: Mc:H'Co Island Ex<.~cutive Airport Bulk Aircraft Hanger NEW Dt}vis.18,rnon 1Rat0':! ·& Additional Equipment Pcr.•ApjDroved Permit Date: Title: ________ _ Date Title: -------- I'. l<J t ' I ) ( ii I) CAO Page 3899 of 5243 Materials Only for added open ing # 105. Change Order Request #01 9121 Centerlinks Commerce Drive, Unit #6 Ft. Myers , FL 33912 Phone: 239-267-4762 Ext. 4241 Date: 1/23/2025 Submitted to: DEC Attn: Erika Bodenstein Project: Marco Island Bulk Hangar Location: Marco Island WE PROPOSE TO SUPPLY THE FOLLOWING: Quantity Unit Description 1 Add opening 105 Includes: Frame, Door, and Hardware Any changes may result in a cost difference Prepared By: Jann Corbin jcorbin@pinnacl edh.com All pri ces quoted are guaranteed for 30 days unl ess otherwise noted , and are subject to change. All quotations provided/ orders received , are subject to the approval of Pinnacle's Credit Department. ACCEPTANCE OF PROPOSAL: T he above prices, specifications, terms and conditions are satisfactory and are hereby accepted: Purchase orders are required for material ordering. Subcontracts will not be accepted. SIGNED: Total ---------------PRINT NAME : ---------------DATE : ______________ _ Price $ 1,901.10 $1,901.10 CAO Page 3900 of 5243 OPM / Airports WORK DIRECTIVE CHANGE CONTRACT # /PROJECT NAME: 23-8120 MKY Bulk Hangar CHANGE # 03 DATE OF ISSUANCE: 03/26/2025 EFFECTIVE DATE: 03/26/2025 OWNER: Collier County Board of Commissioners PROJECT#: 33822 CONTRACTOR: DEC Contracting, Inc. ENGINEER/DESIGN PROFESSIONAL: ATKINS You are directed to proceed promptly with the following change(s): Description: This Work Directive request is in response to comments from the Collier County Fire Review regarding the fire alarm system and the use of a NEMA 4 enclosures for the fire equipment. Per Bulletin 24: Fire Alarm Systems Installation, NEMA 4 enclosures are no longer allowed to be used in Collier County and the equipment is to be located climate-controlled environment which meets the NFPA 72 requirements. Therefore, a 3’x7’ room was designed inside the hangar to accommodate the request of the fire reviewer. This Work Directive includes the necessary fire rated wall material/door and associated hardware, an Air Conditioner mini split unit, and the associated electrical modifications. The fire alarm system equipment also needs to be fireproof equipment and is included in this Work Directive. An additional sixty (60) days is being requested by the contractor for time to procure materials and complete the work associated with the fire review comments. The sixty-day request also represents time to address any additional comments from the inspection of the fire alarm system. The cost for this work totals $41,427.40, which was reviewed by the designer and CEI services to verify cost reasonableness. The cost of the change order will come from the $165,000 Owners Allowance and no additional funding is being sought for this Change Order outside of the original contract. After DEC Change Orders 1 & 2, the Owner's Allowance has a remaining $142,791.24. This additional scope also required the use of the updated Davis Bacon Wage Rates for this work and that has been accounted for in the cost of the Change Order. Purpose of Work Directive Change: Due to long lead times needed for some of the equipment needed to complete this directive, the equipment and materials need to be ordered as soon as possible to keep the project on schedule. Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Prices Contractor’s records Lump Sum Engineer’s record Other (Time & Material) Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ 41,427.40 Increase or decrease by Sixty (60) calendar days. RECOMMENDED: AUTHORIZED: By: By: Ryan Younkers, ATKINSRealis Nick Rossdale, Owner’s Representative Page 3901 of 5243 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 Flori da, to perform all work ("Work") in connection with "Bulk Aircraft Ha ngar at Marco Island Exec utive Airport", Invitation to Bid No. 23-8120 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, Inc. the Engineer and/or Architect of Record ("Des ign Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth , agree as follows : Section 1. Contract Doc uments. A. T he Contract Documents consist of th is Agreement , t he Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda , Change Orders , Work Directive Changes , Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contract or at the Project site at all times du ring the performance of the Work. 8 . Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional , as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furn ish and pay for all management, supervision , finan cing, labor, materials, too ls, fue l , supplies, utilities, equipment and services of every ki nd and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents . Se ction 3. Contract Am ount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay , or cause to be paid, to Contractor the f ollowing amount (herein "Contract Amount"), in accordance wi th the terms of th is Agreement: Three Mi llion Sixty-Three Thous and Nin e Dollars and Forty-One Cents ($3,063,009.41 ). Section 4. B onds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2 , in the amount of 100% of the Contract Amount, the costs of wh ich 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 req uirements of the Department of the Treasury Fiscal Service , "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Compani es" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: [2022_ver.4] CAO Page 3902 of 5243 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida , or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which sha ll be subject to the Owner's approval . Section 5. Co ntract Time and Liquidate d Damag es . A Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within t hree h und r ed and thi rty..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 th irty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Department Administrator or Division Director, as applicable, acting directly or through duly authorized representatives. B . Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to ach ieve 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 housan d Five Hundred Seventy -Nin e 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 fails to reach Final Completion within the required time period , Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a res ult of Contractor failing to timely achieve Final Completion . The Project shall be deemed to be substantially completed on the date the Project Manager (o r at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor falls to Substantially or Finally Complete the Work within the required time periods. C . Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 ConstrucUon Services Agreement: [2022_ver.4] t·AO Page 3903 of 5243 or Sunday or on a d ay made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day whi ch is not a Saturday , Sunday or legal holiday. D . Determination of Number of Days of Default. For all contracts, regardless of whet her the Contract Time is stipulated in ca lendar days or working days , the Owner w ill count default days in calendar days. E. Righ t of Co ll ection. The Owner has the right to apply any amount s d ue Contractor under this Ag reement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces. the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete . Once the Owner has approved and accepted the Work , Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H . Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfi 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 this Agreement. Section 6 . Exh ibits In c orpo rated . Exhibits Incorporated: The followin g documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation #23-8120 "Bul k Aircraft Hangar at Marco Island Executiv e A irport". Exhibit A-1 : Exhibit A-2 : Exhibit A-3 : Exhibit B-1: Exhibit B-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 fo r Payment Form 3 Construction Services Agreement: (2022_ver.4) Page 3904 of 5243 Exhibit E : Exhibit F: Exhibit G: Exhibit H: Exhibit I: Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions C8] Applicable D Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation #23-8120 "Bulk Aircraft Hangar at Marco Island Executive Airport". The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated ag reement executed by the parties. Sections corresponding to any checked box ( ~ ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding . IZJExhibit J : □Exhibit K: IZJExhibit L: IZJExhibit M: fX!Exhibit N: Tech nical Specifications Permits Standard Details Plans and Specifications prepared by: Hole Montes, Inc. Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. A ll notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail , E-mail or Facsimile, addressed to the following : Collier County Board of Co unty Commissio ners, FL c/o Airport Authority 2005 Mainsail Drive Naples, FL 34114 Attn : Andrew Bennett , Executive Manager Phone: (239) 252-8425 Email: Andrew.Bennett@colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writ ing and shall be deemed duly served if delivered by U.S . Mail, E-mail or Facsimile , addressed to the following : DEC Contracting Group, Inc. 1560 Matthew Drive, Ste. B Ft. Myers , FL 33907 Attn : Erika Bodenstein, Vice President Phone: (239) 332-4322 Email: Erika@deccontracting .com C . Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: [2022_ ver.4) Page 3905 of 5243 Se cti on 8 . PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows : "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public bu ild ing 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." Se ction 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Ass igns. Subject to other provisions hereof, the Ag reement 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 Agreeme nt comprises the full and entire agreement between the parties affecting the Work contemplated , and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized , and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in , integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: (2022_ver.4] Page 3906 of 5243 Section 15 . Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordin ance and policies and accompan ying administrative procedures . Section 16. Construction . Any doubtful or ambiguous language contained in th is Agreemen t shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Sectio n 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplement al Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions , if any, or the Constru cti on Agreement and the General Terms and Conditions , the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. Remainder of page intentionally left blank 6 Construction Services Agreeme nt: r2022_ve r.4] CAO Page 3907 of 5243 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. 0 WITNESSES: n • L .~ FIRS ITNESS 'Kej i "o-. L . V~II\~ Print Name SECOND WITNESS C:C., L\'.\1 Print Name ATTEST : Crystal K. Kinzel, Clerk of Courts & Comptroller ~ - an's ly .i...ii Date: __::~~;.....,:...;~~~=---=3:::::,__ __ Approved ••12rr _c,~.aJ!Z£._County Attorney 0r-. it 12 /~ '==- Print Name CONTRACTOR : DEC Contracting Group, Inc . By: t&rh ~ Ev\ \l-Y--\-~cd-er6tcu ) \J ,?. Print Name and Title Date :~·@'3 ·6l3 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: RICK LOCASTRO, Chairman Con,tNcilOO SON'" Ag,o,moat (2022_,.,.:i ~o Page 3908 of 5243 EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: [2022_ver.4] Page 3909 of 5243 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MKY) Bid Sch edule DESC RIP TION OF WO RK 1.0 GENERAL REQUIREMENTS 1.1 General Conditions GENERAL REQU IREMENTS-TOTAL 2.0 GEOTECHNICAL Surcharging Si t e GEOTECHNICAL -TOTAL 3.0 SITE WORK • Documents prepared by Hole Montes, Inc. C-102 C-10S Section 12o-4 Section 120-6 Section 522 -1 T-904 F-162 0-701 Section 425-1 SITE WORK -TOTAL Installation and Removal of Slit Fence Mobilization Subsoil EJCcavat lon Emb ankment Co ncrete for Side wa l ks (4 ") Sodding Installation of Fence l2"x18" CL3 ERCP FOOT Type 'C' Inlet Uti lity Slt ework 4.0 BUILDING • Documents prepared by SchenkelShultz Concrete Site Assessment (Includes Surveying, Material Testing, Pest Control) Metal Building System (includes all building components, doors) Plum bing HVAC Electrical (including charging stations) Data/relecommunlcatlons/Securlty BUILDING -TOTAL 5.0 OWNER 'S ALLOWANCE• TOTAL BIO UNIT UNIT LS UNIT LS UNIT LF LS CY CY SY SY LF LF EA LS UNIT LS LS LS LS LS LS LS QTY COST QTY COST 1 S375,832 .67 QTY COST s 359,99 2.98 QTY COS T 665 53.60 l S59,998.83 300 $13.20 710 $63.60 51 $228.00 10 24 $8 .90 S1 $235.29 39 $138.00 1 $12 ,599.75 1 $13,4 39.74 QTY COST 1 $443,871 .34 l $35,999 .30 1 Sl,125,626.04 l $20,072.01 1 $177,596 .5 4 1 5 12 3,347 .99 1 $59,998.83 TOTAL TOTAL $ 375,832.67 Is 375,832.67 1 TOTAL $ 359,992.98 Is 359,992.9 81 TOTAL s 2,394.00 s 59,998.83 s 3,960.00 s 45,156.00 s 11,62 8 .0 0 s 9,113.60 s 11,999 .79 s 5,382.00 s 12 ,599 .75 $ 13,439.74 Is u s,611.11 1 TOTAL s 44.3,871.34 s 35,999 .30 s 1,125,626.04 $ 20 072.01 s 177,596.54 s 123,34 7.99 s 59,998.83 I s 1,986,sn.os 1 I s 165,000.00 I I s 3,063,009 .41 1 •owner's All owan ce is for Owner Use as Directed. This Allowance will be usO!d only at the Owner's direction to acccmpllsh work due to unforeseim conditions and/or as di rected by the Ow ner . Inclusion of t he All owance as pan c f t he Contract ?ric e is not a guaran tee that the Contr actor will be paid any portion or the full amount cf the Allowan ce . E•pend:t ures cf Owner's Allowa nce will b e ma de th roug h Ch ange Ord er wit h prope r doc ume ntation ofTim• and Materi als support ing t he change . Page 3910 of 5243 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: [2022_ver.4) cA.O Page 3911 of 5243 BOARDOF CO T OMMI IO ER OLLIER COUNTY,FLORIDA BULK AIRCRAFT HA GAR AT MARCO ISLAND E ECUTIVE AffiPORT BID O. 23-8120 Full ame of Bidder DEC Contracting Grouµ. Inc. Main Busines Address I S60 Matthew Drive Ste B Place of Business Ft. Myers, FL 33907 Telephone No . 239-332 -43 22 r11 x No . 239-33 2-0 I 80 ---------------- State Contrnctor's License fl CGC 1526430 --------------------------- St ate of Florida Ce11i!icafe of Au(hority Document umber_._P...,14-"0=0~0'""0'"'2..._09.._4..._4._ _________ _ Federal Tex Jdentifieetion umber_4=6~-..,_49""3 ... 4~7--"0..,_1 ___________________ _ DUNS fl 079391270 CCR# ________ Cage Code _7~4~U~A~6~---- To : BOARD OF COUNTY co 1.MI sro ·RS OP COLLIER COUNT Y, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or part ies interested in this Bid as principals arc those named herein , that thi s Bid is subm itte d without collusio n wi th 1rny othe r person, firm, or corporation; that it has carefully examined the location of the proposed Work, the proposed fo rm of Agreement and all other ContrectDocuments and Bonds, end th e Co ntra ct Drawings an d Specifications. Bidder proposes and agrees if this Bid is accepted, Bidder will execute the Ag reement included in the Bidding Documen ts, to provide all necessary machinery , tools, appara tus, and other means of construc ti on, including utility and 11,msportati on services necessary to do all the Wo rk, and furn ish all the materials and equipment specified or refeffed to in the Contract Documents in the manner end time herein prescribed and according to the requirements of the Owner as therein set fo11h , furni sh the Contractor's Bonds and Insurance specified in the Gene ral Conditions of th e Contrac t, and to do all other thi ngs requ ired of the Contractor by the Contrac t Documents, and that it will take full payment· the sums se t forth in the follow ing Bid Schedule: Unit prices shall be provided in no more Urn11 two deci mal point , and in the case where further decimal points 111 · inad ertently prov ided , round ing t o two d ci mal point will be conducted by Pro curement Services DiYi sio n staff. Upon notification that its Bid has heen awarded, th e Successful Bidder will execute the Agreement form at1ached to the Bidding Documents within ten ( I 0) calen dar days and de liver the Surety Bond or Bonds an d Insurance Ce11ificates as required by the Con tract Documents . The bid security attached is to become the property of the Owner in the even! the Agreement, Insurance Ce11i tie etes, and Bond s are not executed and delivered to Owner within the time above set forth, as liqu idated damages, for the delay and additional expense to the Owner , it being recogni zed that , since time is of th e essence, Owner will suffer financial loss if th e Successful Bidder fai ls to execute and deliver to Owner the requ ired Agreement , Insurance Certificates and Bonds within the required time period . In the event of su ch failure, the total amount of Owner's damages, will be difficult , if not impossib le, to definitely ascel1ain and quantify . It is hereby agreed tha t it is appropriate and fair that Owne r receive liquida ted damages from th e Successful Bidder in th e even t i1 fails 10 execute and deliver the Agreement, In suran ce Cert ificates , and Bonds es required hereunder. The Successful Bidder hereby exp res sly waives and reli nqu is hes any ri ght whi ch it may have to seek to character ize the Cons/ruction Solicitation Doc rev 04152022 CAO Page 3912 of 5243 above-noted liquidntcd damage s ns a penalty, which the pnrties 11gree represents a fair and reasonable estirnnte of Owner's acLual damages al the lime of bidding if the Successful Bidder fnils lo execute and de liver the Agreement , Insurance Certificntes, and Bonds in a timely manner. Upon receipt of the signed and approved agreemcut· and Purchase Order, the undersigned proposes to commence work 111 the site within five (5) calen dar days from the commencement date stipu lat ed in the wiittcn Notice to P,·oceed unless t he Project Manager, in writing, subsequent ly notifies the Contractor ofn modified (later) cmnmeneement date. The undersigned further agrees to substnntially complete all work covered by this Bid within two hundred nnd t en (210) consecutive calendar days , computed by excluding the commencement date and including th e fast day of such period, nnd 10 Ile fully co mpleted to tht> point or final acccptnnce by the Owner within thirty (3 0) consecutive oa lendar days after Sullstantinl Comp letion, compuled by excluding commencement date mid including the Inst day ofs11ch period. Acrcpla11ce nnd ncknowlcdgecl by 11 11 Au thori'lccl Agent Tit le: Vice President Date: May 23, 2023 Construction Solicitation Doc rev 04152022 CAO Page 3913 of 5243 IGNE'D T O THE PROJECT B LI AIRC RA FT H A 'G AR AT M ARCO I LA D EXEC UT TV E AIRPORT BTD 0. 23-8120 ame Brad inkovic h rika Bodenstein Construction Solidta/ion Doc rev 04152022 Personnel Catego1 y Co nstru ctio n Superintendent Project Manager Page 3914 of 5243 • OR I 3 -MATERIAL MA lJ ACTURER THI FORM MUST B, COMPLETED OR BIO MAV BE DEEM • D O -RE PO I E All Bidders shall confirm by signature that they will provid e the manufacturers and materials outlined in this Bid specifi cations, including compliance with Florida Statute 255 .20 to provide lumber, timber and other fol'est product s prodt1ced and manufactured in 1he State of Florida as long as the price, litne.s s and quali ty are equal. Exceptions (when equals nre acceptable) mRy be requested by comple ting the Material Man ufacturer Exception Lis t below. If an ex cept ion for a manufacturer and/or ma1erial is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the mnnufnclurer named in the specification. Acceptance of this form does not con stitute ncc eptnnce of material proposed on 1his lis1. Complete and sign cction A OR B. cfion A (Acceptance of all 111a11ufact11res and materials in Bid pecifica1ions) On behalf of my finn, 1 confirm tlrnt we will use all manufacturers and materials as specifically outlined in the Bid specifications . ec ti on B (Exception requested to Bid specifications manufacturers nnd materials) I. 2. 3. 4 . 5. EXCEPT ION MATER.JAL Please insert additional pages as necessary . EXCEPTIO Date: May 23, 2023 Compa ny : ___________________________ _ Signature: ______________________ _ Date ___ _ Constmction Solicitation Doc rev 04152022 CAO Page 3915 of 5243 FORM 4 -LlST OF MAJOR SUBCONTRACTORS THIS FORM MUST BE COJ\1PLETED OR BID MA B DE MED O -RESPO SJVE The undersigned states that the following is n list of the proposed subconlrnclors for lhc major categories outlined in lhe reguin:menls of the Bid specifications. The undersigned acknowledges its ponsibility for ·nsuring lhnt Ute Subcontracto for the major categories listed herein nm "qualified " (as defined in Ordinance 2017-08 and Section 15 of Instructions lo Bic.klers) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limi ted to proper licenses, certifications, registrntion s, and insurance coverage. The Owner reserves the right to disqualify nny Bidder who .includes non-compliant or non -qualified Subcontractors in its bid offer. Further, the wner may direct the Successful Bidder to remove/replace ony Subconlrnclor, al no additional cost lo Owner, which is found to be non-compliunt with this requirement either before or afier Lbc is uance of the Award of Contract by Owner. (Attach additional sheers as needed). Further, !he undersigned acknowledges and agrees that promptly after the Award of ConLrnct, cmd in accordance wi111 the requirements of the Contract Documents, lhe Successful Diddcr shall ide11tify nil ubconlracto rs 11 intends lo use on the Projecl The undersigned further agrees that all ubconlra ctors subsequently identified for any portion of work on this Project must be qualified ns noted above . Major Category of Work Subcontractor 1md Address I. Elt:clrical Whidden Eleclric loc. -Lehigh Acres, FL 2. Mechanical Breezy (.;ool -Uclray tleoch , 1-1~ 3. Plumbins:r. Indigo Plumbing -Ft. Myers, FL 4. Site Work B-Rock Solid -Ft. Myers, FL 5. Identify other subcontractors Trident Building Syslems - thal represent more lhan l 0% Snrnsotn , FL of price or that affect lhe critical palh of lhe schedule . Date: May 23, 2023 Construction Solioitarion Doc rev 04152022 CAO Page 3916 of 5243 -FORlVl S -STA TEMEN T 0 F EXP ER'illNCE OF-'B IDDER THIS FORM MUST BE COMPLETE D OR BID MAY B DE MED O -R •SP O IVE O - RESP ONS lB LE . The Bidder is required provide five (5) project references, stated below, of what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. I. 2. 3. Key West by the Sea , Bldg. A, Phas e 2 (projec t name) Key West.FL (project loca tion) _Residential Sound Insulation Pro gram (projecl description) 09/202 I • 05/2022 $ 318 I 4,607.91 (project s111rt/completion dates) (con tract value) Hodges University (project name) 450 1 Colonial Blvd., Fe. Myers, FL 33966 (project location) Health Scie nces Bu ilding Al terations (project description) 11/01/2019-05/28/2020 $ 1,665,632 (project start/completion dates) (contract value) RCMA Phase I and Phase 2 (project name) lmmokalee, FL (projec t location) onroe County BO CC (projtct owner) 110 Simonton Street, Key West, FL 33040 (Owner's address) Dale G~rif=fi=in~-----Constmetion Manager (O wner's contact pe rson) (title) 407-4 S6 -2443 (phone) Hodges University, Inc. (project owner) .griffi n@thcinc .net 2647 Professional Circle, Naples .. FL 34119 (Owner's address) Skip Camp (Owner's conlact person) Facilities Director (title) 239-938-7700 scamp@hodges.edu (phone) (email) Redlands Christian Migra nt Association (project owner) 402 W. Main St., Jmmokalee, PL_3_4_J_4_2 ___ _ (Owner's address) $ rd Floor Rcnov111jons & ln!erjor Allerations ---1',1ike fac1111do Architect (p roject description) (Owner's contact person) l0/2021 -01/2023 $ 795,257 (proj ect start/completion dates) (contract value) 239-658 -3560 (phon e) (title) mike@hfarchitccls .net (email) Construction Solicitatfon Doc rev 0 4152022 CAO Page 3917 of 5243 4. 5. _ Gateway Sludge Loading (project nnme) LeeCounty Florida (project local ion) Pre-ngineer Metal Bldg . for Sludge Loading (project description) 03 /2 022 (projecl completion date) Mariner Middle School (project name) Single Po int E1111y (proje cl description) 111202 2 (project compl et ion dat e) $ 369,995 (co111rnc1 va lue) S 126,965 .22 (co nlracl value) Construction Solicitation Doc rev 04152022 Lee County BO CC c,,roject owner) 2J 20 Main St., PL Myers, FL 3390 I (Owner's address) Ross Hacketha l Professional Engineer Owner's contact person) (1illc) -139-206-5095 (phone) l'lrnck e1lin l@dm1p .co 111 (emai l) School Board of Lee County Florida (project owner) 3308 Canal Street, Ft. Myers, FL 33916 (Owner's address) Matthew Burbach Projec t Manager (Owner's co n1ac1 person) (lit.le) 239-4 79-4207 (pho ne ) manhewbu@lceschools.net (email) Date: May 23, 2023 CAO Page 3918 of 5243 ORM6 -TRENCHSAFETYA T TIUS FORM MUST BE COMPLETED OR BID MAY BED EMED ON-R SPONSIVE. Bidder acknowledges Lhat included in the various items of the bid a1ld in lite Total Bid Price arc costs for com plyi ng with Uie Florida Tn::nch Sa fety Act (90 -96, Laws of Fl orido) effective October I, 1990 . The Bidder further identifies lhe cos! lo be summarized below : I. 2. 3, 4. 5. Trench afcty Me asure <Descri121ion) IA Units of Measure (l,,F.SY) NIA Uni l (Quan tity) NIA Unit Cosi NIA NIA TOTAL $ _________ _ Comp.my: _O..;;......E_C_C....;o~ntr~.-ac_::-'--""....;Gr_o.;_~......,_,_In_c_. __________________ _ Signarure: ~Ef.---,~-... a--",_·a.__ . ._.L_______ ... ~..__. ....... ,=-_-"·~------Da te : Moy 23 , 2023 Construction Solicitation Doc rev 04152022 CAO Page 3919 of 5243 f,QRM 7 -BID l:J N D TMI F'OR I :\-1 T BE O IPLETED OR BID M OE D€[;\JED 0 1 -R ESP O SIVE/ Oi • RES PON I SBLE KNOW ALL MEN BY TH ESE PRESENTS, that we DEC Con tracting Group, In c. (herein after called 1he Principal) and The Oh io Casu ally Insurance Co mcany , (herein ca ll ed the Surety), a corpora tion chartered and exi ting under the law. of the State of a wilh its principal offices in lhe city of~M=a=h=w=ah~N=J ____ _ and authorized 10 do bu iness in the Slate of Florida arc held and firmly bound unto the Collier County Procurement (hereinafler called the Owner), in !he foll and jusl sum of Five Pe,cent ot l he Amount Bid dollar ( S"4 ) good and lawful money of the United State. of Amcricn , to be paid upon demand of the Owner, to which payment I ell and truly 10 be made, the Principal and the Surety bind themselves, their heirs, and exe cut ors, administ rators, an d a signs, joi ntly and severally and firmly by the. e presents . Whereas . the Principal is nbout to submit, or has submitted 10 the Owner , a Bid for ll1m ishing all labor, materials, equipment, and incidental nece ssary to furnish, install, and fully comp lete the Work on the Project known a. Bid o. 23-8 120 Bu lk Aircraft Hnngnr nt ilarco lslnnd Executive Airpo1·1, NOW, THEREFORE, if the Owner fall accept the Bic.l of the PRI Cl PAL and the PRI CIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Nol ice of Award in accorc.lance with lhe term of uch Bid. and gi e such bond or bond ia an amount of 100% the lotal Contra t Amount a pecified in the 3iclding Documents or Contract Documellls with good and sufficien t surety for the faithfu l performance of the Agreement and fo r th e prompt payment of labor, materia l , and suppl ies furnished in the pro ecution thereof or , in the even t o r the fa ilure of the PRI I PAL to enter 11110 such Agreement or to give uch bond or bond , and del i er to Owner the requ ired ,I • cenificate s of insurance, if the PRIN CIPAL shall pay to the OBLIGEE the fixed sum of$ ~:;;::,~,j~';'" n ted abov_e. as liquidate d damage , and not as a penalty, pro vided in the Bidding Document , then th i. obligation hall be n!JII a,i~ void , otherwise to rema in in fu ll force and effect. 1:, • 1 .',. ·, '1 I _, I' 't. t 4' IN TESTIMO , Y Thereof, che Princ ipal and Surety ha ve cau ed these presents to be duly igned anu ~!~d 0lhl~ ·•• ~ day of May , 20 23 . , ,::..·~ '· .. .. . BY (Sea l) Countersigned Ap1)ointed Producing Age nt for Jbc onio ca,iiallv 1oamaace carooaov CAO Page 3920 of 5243 CONSENT OF SURETY KNOW ALL MEN BY THESE PR ESENTS, that for and in consideration of the ·um 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 lnsurance Company, incorporated organized and existing under the laws of the State of New Hampshire and licensed to do business in the State of Florida, certified and agrees, that if the contract for the Collier County Procurement, FL -Bid No. 23-8120 Bulle Aircraft Hangar at Marco Island Executive Airport is awarded to DEC Contracting Group, Inc., the undersigned Corporation will execute the bond or bonds as reqllired of the contract documents and will become Surety in the full amount set fmth in the con!Tact documents for the faithful perfo1111ance of all obligations of the Contractor. Signed and sealed this 9th day of May 2023. The Ohio Casualty Insurance Company B y:-"'=~~+-b-'~~uru 1 Attorney-iJ1-f act Witness:~ Zachary Rosentha l, As to Surety CAO Page 3921 of 5243 CORPORATE ACKNOWLEDGMENT On this 9th day of May 2023 , before me personally came depose and say that he/she Is the -of DEC Contracting Group, Inc. corporation described in and which executed the above instrument; that he/she knows the seal of said corporation ; that th e seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the Board of Direc tors of said corporation and that he/she signed his/her name thereto by like order. My commission expires { 1 l'.j\~1 e . \ Notary Public Page 3922 of 5243 SURETY ACKNOWLEDGMEN T State of ___ N_e_w_J_e_rs_e ... v _____ _ County of __ ----'-'M-'-'-i=d=dl'"""e...a.s ..... e __ x ____ _ On this 9th day of May 2023 Before me personally came Cheryl R. Coleman to me known , who being by me duly sworn , d id depose and say that he /she is an At t orney-in-Fact of The Ohio Casualty Insurance Company the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal , and that he /she signed the said instrument and affixed the sa id seal as Attorney-in-Fact by authority of the Board of Directors of said corporat ion and by authority of this office under the Standing Resolutions thereof. Page 3923 of 5243 ~Llber!J. \P" Mutual SURETY This Power of Attorney llmits the acts or those named herein , and they have no author ity to bind lhe Company except In tho manner and lo the extent heroin slated. Liberty Mutual Insurance Company The Ohio Casually Ins uran ce Company Wesl American Insurance Company POWER OF ATTORNEY Cenmcate No ; 8206800-969516 KNOWN A.LL PERSONS BY THE~E PRESENTS: Thal The Ohio Casualty Insurance Company Is a corporatlon duly organized I.Wlder lhe laws al the SCate of New Hampsh~e. that ltberty Mutual Insurance Company 1s a corporation duty organized under lhe laws of the State or Massachusetts, and West American lnsuraoce Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the 'Companies'), pu1suanl lo and by authority herein set forth , does hereby name, constitute and appoin t, Chery l R. Colemon; Marc J. Michalcwslcy ; Mary J. D' Ama10: ~ndra A. Pace; Thomas True; Zachary J. Roscnrhul al or the cily of Westfield , slate of J . each indMdually if lhere be more Iha one named, Its true and lawful attorney-fl-fact lo ma~e. execute , sea l, acknowledge and deliver, for and on 1ls behall as surety and as 11s act and deed, any and all undertakings, bonds, recogn liances and other surely obligallons , In pursuance ol lhese presents and shaU be as binding upon the Comp es as tt they have been du ly signed by lhe president and anested by the secretary of lhe Companies In their ow,1 proper persons IN WITNESS WHEREOF , this Power or Attorney has been subscribed by an aulhonzed officer or official of the Companies end lhe COfporate seals or tho Compan ies have been alfrxed erelo this ____!!,!!!_ day ol November , 202 1 l iberty Mulual Insurance Company The Ohio Casualty Insurance Company i By, W~~~MY u ~ ; State or PENNSYLVANIA David M. Carey , Assistant Secreta,y Jf i 4> 5, COooty of NTGO ERY ss 5 E 0 ~ 0 ~ On 1h s 11 rh day ol November . 2021 bel01e me personally appeared David M. Carey , who ackncw.iedged himself to be tile Ass istant Secretary of Liberty Mulual Insurance r3 v ._ iii Company , The Oh!o Casually Company , and West Ame ncan Insurance Company , and Iha! he. as such , being authorized so to do, execute U1e l01egolng instn.Jment IOf 1he pu rposes ~ g :J _:: !herein contained by s.11nlnp on behalf or the COIJIOla!ions by himself as a duly authorized oflk:er . ~ Q>ro oc -. -6 IN WITNESS WHEREOF , I have hereunto subscnbcd my name and affixed my notarial seal al King of Prussia , Pennsylvania , on Iha day and yea1 first above written , <i:51/J c-0 ro~ ~---------~o 0 ,._ C..,.._ollll ol PonM ,o •~SH I ;2: i o ,.,.,~=:.:~~b"< (Jj:: _ _ , I) -I-I/ r~ o~ ,..,-••1u,,,.. .. .,._2a_20u By: ~ ~ o v C ro :').. ,3; ~-• lll60-l4 -d-~--:--:-::-,,:----:...,..,..-----------1= '- (I)= -,.,_~~~ 0 , . ....,.,,P,.-r,t,•ni•Au0<1a1;a,o1,........ TetesaPastefta ,NotaryPubilc ~ o c, l3 ~">'"fiY ~v o ~ n,~ -N .gi 2 This Pov,er of Attorney is mede and executed pursuant lO and by authority of the lolowing By•laws aod Aulhcnza ons ol The Ohio casualty lnsU1ance C001pany. I.Jl>erty Mutual i a;> ~ .£_ Insurance Company, and West Amerlcan Insurance Company wh ich resolu5ons are now in ru n rorce and effect reading as loltows : tr_ ~ ,._ 2 ARTICLE IV-OFFICERS : Section 12. Power of Attorney O ~ .E I:! Any otr1Ger or other official of the Co,poratlon authonzed !or !hal puq,ose In wrimg by the Ch nnan or lhe Preside11t. and sooject lo such limilalJon as lhe Chairman or lhe =a ...- ;g (j' President may prescribe , shall appo int such attomeys-ln•lacl, as may be necessary lo act In behatr or the Corporafion 10 make , e1ecute , seal , acknowledge and de iver as surely ~ ~ ~ ~ ariy a/Id al undertak ings. bonds , 1eoognlzances and 01he1 surety obligallons , Such allomeys -l n•lact. subject to the llmltaUons set forth In lhelr re.spec live powers of attorney. sha ll 'O ~ -t:: have M power to bind lhe Corporation by their signature and e~eoutlon o arr, such ln S11Ume11ts and 10 allacll there o the seal ol lhe COIP()llltion. When so execukld . such .8 GJ ~ 13 lnsll\Jmenls sh all be as b.ndlng as ~ signed by lhe President and attested to by the Secret ary . Any power or authority granted to any representative or a6orney-in-lact under lhe ~ ~ provisions ol lhls article may be revoked at any time by the Board , Ille Cllalnnan . lhe President or by lhe officer or officers grandng such power or authority . & ! ARTICLE Xtn -Execution or ContraclS : Section 5 Surety Bonds a d lJndettakings Any officer of the Company authorized for that pOIJ)ose In writing by Ille chairman or lhe president , and subiect 10 such limitad011s as Ille chairman or Ille president may prescribe . sha• appoint sucll attomeys-ln-lacl, as may be necessary to act in behalf ol the Company lo make , execute , seal, aoknaw1edge and def er as sU<ety any and au undertakings . bonds , recognizances and other surety obfigaboos. Such etlome'f$-in-facl subjec1 lo e ~lations set 101111111 lhelr respecwe powers or allomey , shaU have kill power lo blnd the Company by their slgnaiure and execution of any such Instrume nts and lo altach thereto lhe seal or the Company. When so e~ecuted such inslnJments shaN be as bindog as a slgned by the presidenland attested by the secrela,y . Certmcato of Onlgnation -The President ol lhe Company , actJng pursuant t:> lhe Bylaws ol lhe Company, aUlh011zes Oa d M. Carey, Assistant Seaeta,y 10 appoint such attorneys-ii· lact es may be neeilssary to eel on behalf of the Com pany to make. e~ecute , sea l, acknowledge and delivllf as surety any and atl undertakings, bonds, recognizances and othe1 surely obiigaUons. AUthor lutlon -By unanimous consent ol lhe Company's Board ol Olrec101S , the Company consenl.S that lacsimlfc or mechalllta r reproduced signature of any assistant sectetal)' ol 1118 Company , wherever appealing upon a certified copy or any power of allorney Issued by lhe Company In connection with surety bends , sha ll be vaUd and blnd1ng upon the Company with the same force and effect as though mar..ialy affixed . I. Renee C. Llewellyn , the undersigned , Assfslanl Secrelary , The Oh io Casua[ty Insurance Company. l iberty PM!tual Insurance Company , and West Amer1can Insurance Company do hereby certify that lhe origlnal power of attorney of Wlllch the forego ing Is a fu ll. true and correc:I copy ol lhe Power of Attorney executed by sa id Compan!es , in run force and effect and has nol been revo ed . IN TESTIMONY WHEREOF , I have hereunto sel my hand and alf1Xed the seals ol said Companies this~ day of by • 202J LMS -l 2B73 LM IC OCI C WA IC Mulll Co O'l/2 1 Page 3924 of 5243 ~ Liberry, \P Mutual. THE OHIO CA UAL TV I URA CE CO IPA Y FINA CIALSTAT E1\IEN -DE •MBERJl,2021 SURETY s e l Ca ·h and Bunk Deposit~......................................... Sl34 ,628,410 •Bonds -U, G0Yemme111 .................................... , 1,015,453,874 *Other Bond s............................................................ 4,501,743,412 *Slacks..................................................................... 268 ,876 ,063 Real Estate .............................................................. O Agents' Balances or Uncollec ted Pre mium s ........... 812,483,102 Accrued lntcre I and Rents..................................... 33 ,044,141 Oth er Admiued Asse ts ............................................ 1,691 ,401,2 19 • 01al Admitted A ct . ._ ................................ S8A6J,9J0.J6 I LiRbililies Unearned Prem ium ................................................ $1,457 . 114,SJS Reser Ye for Claims un d Claim s Expense ................ 4,0 44.665 ,363 Funds Held Under Reinsuran e Treaties ................. 0 Reserve for Dividends 10 Policy hol der.; ................. . Additional Statutory Reserve ................................ .. Reserve for Commissions, Taxes and 276,107 0 Other Liabi lit ies................................................ ~60,636,079 TolA I ................................................................. SS,962,692,184 pecial urplus Funds ................. $ 28,5 10,77!! Capi!al Stock............................... 4,500,000 Poid in urplus ............................ 738,183,897 Unassi gned Surplus ..................... I, 730,0 43 ,50 2 u rplus lo Po licyho ld er ................................ 2,501,238, I 77 Total Li11bilities ond urplu ................................ SB 4Ci3 9J0,l6l • Bonds are stated ar omo11izcd or investment value ; Stocks a1 Association Mnrke1 Value s. The foregoing financial in fo rmation is taken from The Ohio Casualty Insurance Co mpan y 's financia l sta tement filed wlrh the state of Ohio Depa11mcn1 oflnsumnce . I, TIM MJKOLAJEWSKI , Assistanl Secretory of The Ohi o C11s ual ty Insurance Co mpan y, do hereby ce rtif}• that the forego in g is a true , and correct s1a1emcnt ofthcAssers and Liabilities of said Corporation, as ofDecemher 3 1, 2021. to the best ofmy knowledge and belief. IN WITNESS WH EREOF , I have hereunto set my hand and affix ed the seal of sai d Corporation at Scanle , Washi11g1011, tl1i s g•h day of March , 2022 . Assis tant Secretary S-12620CIC/a 312.l CAO Page 3925 of 5243 The Vendor shall at it s 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 11nd maintain property insura nce upon the entire projec t, if required, to the fulJ insurable value of the scope of work. The County and the Vend or wa ive against each other and the CounLy s separate Vendors, Conu-nc tors, Design Consultant, Subcontractors, agenl-s, and employees of each and all of them, nil damages covered by property insurance pro vided herein, except such righ ts 11s they may have to th e proceeds of such insurance. The Ve nd or and County shall, where app l'Opria te, require similar waivers of subrogation from the County's separate Vendo rs, Design Consultants and Subcontrnctol's and sha ll require each of them to include similar waivers in th eir con trac ts. Co lli er · County sh11I ! be respo nsible for purch11sing and mai ntai 11 !11g its own liability insurance. Certifica tes issued as a resu lt of the award of this so lic itati on must identify "For any and all work performed on behalf of Collier County", or the specific solicitation number and title . The General Li11bility Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County Florida, as an addil'iona l in sur d as to the opera ti ons of V ndor und er this so licitation nnd shall contain a scvernbility ofintere~ts provisions . The t:rt ili ca te Holder shall be n11med as Collier County Board of County Commissioners OR, Board of County Commissioners in Collier County, OR Collier Co un ty Go vernment, OR Collier Co unty . The Cer ti ficates o finsuran ce rn ust state the Contract umber, or Projecl Number, or specific Project description, or must read : For any and all work performed on behalfofCollier County . The amoun ts and types of insurance coverage shall co nform to the minimum requiremen ts se t for1h in FORM 8 with the use of In surance Services Office (ISO) forms and endorsements or their equiva lents . If Vendor has any self- insured retentions or deductibles under any of the belo w-li sted minimum required coverage, Vendor mu st identify on the Ce rtificate of lnsur11ncc the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such ob liga tio ns. All self-in sure d re tentions or deductibles will be Vend or's sole re spo nsibil ity . Co verageffil shall be maintained without interrupt ion from the date of commencement of the Work until the date of compl lion and acceptance of the scope of work by the County or as specified in this solicltation, whichever is longer. 11,e Vendor and /or its insurance carrier shall provide thiiiy (30) days writ ten notice to the County of poli cy cancellation or non -r enewa l on the par t of th e insurance carrier or the Vendor . The Vendor shall also notify the County, in a like manner, within 1wenty-four (24) hours after receip t, of any notices of expiration , cancellation, non , renew al or materi al change in coverage or lim its received by Vendor from its insurer, and no thing contained herein shall relieve Vendo r of this requirement to provide notice . ln the event of II reduction in th e aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such po licy . Should at 11ny time the Vendor not maintain the insurance covcrageU) required herein , the County ma y terminate lhe Agreement or at its sole dis cretion shall be nuthorized to purchnse such coverage(§} and charge the Vendor for such covernge.W purchased . ]f Vendor fails to reimburse the County for such costs within thirt y {30} days after demand, the Cou nty lrns the right to offset th ese costs from any amount due Vendo r und er this Agreement or any other agreement between the County and Vendor . The CounLy shall be under no obligat io n to pur chase such insur an ce , nor hall it be responsible for the covernge.{j} purchased or the ins urance compa ny or companics used. 111e decision of the County to purchase such insurllnce coveragell} shall in no way be construed to be a waiver of any of it s righ ts under the Co ntract Do cu ment s. If the initial or any sub seq uently issued Ce rtifi cate of In surance expires pr ior to the completion of the scope of work, the Vendor shall furnish 10 the County renewal or replacement Ce1 ificate(s) of Insurance no t la ter than ten (10) ca lend ar dAys after the expiration date on th e certificate. Fa ilure of th e Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and al l contracts. CAO Page 3926 of 5243 Jnsurnucc / Bond Ty pe I . IZI Worker's Compensation 2 . rgJ Employer 's Liab ility 3. rgJ Comme rcial General Liabil ity (Occ ur renc e Form) pnUemc I after the current ISO form 4. [gi Inclemnification 5. IZI Automobi le Liabili ty oilier oun ty Florida Insurance and Bonding R eq uirements Requi1 ·ed Limits Statutory Limits of Florid a tatutes Chapt er 440 and all Federa l Govern ment Staruto,y Li mit s and Requ irements Evidence of Workers' Compensation cover age or a Cenilic1Lte of emption issued by the Stut e of Plorida is required . Entities th at are Formed as So le Proprietorsh ips shall not be required lo provide a proof of exemptio n. An npplicatio11 for exemption cnn be obt ni ned online 1H http . :/!a pps.ndfs.c m/bocex emp $_J ,000,000 __ ing lo lim it per occurrence Bodily Injury and Property Damage _1 ,000,000 ____ single limit per occu n·ence, $2,000,000 aggrega te fo r Bodily Inj ury Linbility and Propert y Dnmnge Li11b il i1y. The General Aggregate Limit Sh all be endorsed to apply per project. This shall include Premises im d Operations; Jn dependen1 Co nt ractors: Products nnd Completed Operations and ontractual Li ability. To th e ma xi mum ex te nt permilted by Florida ln w, the Co ntr ac to r/Ve ndor shall defend, indemnify and hold hannless Collier County, its officers and employees fro m any and all liabilities, damages, losses and cost s, including, but not limited to, reasonable attorneys' fee s and paralegals' fees , to U1c e tent cnused by th e negligeuce, recklessness, or intentionally wrongful conduct of t he Contractor/ Vendor or anyone emp loyed or utili zed by the Contruc tor/Ven dor in tl1e 1>erfor.11rnnce of this Agreem ent. $_1,000,000 __ Each Occun-enc e; Bod il y Inj ury & Property Damage . Owned on-owned/Hired; Automobile Included G. IZI O1her insurance as O Watercraft noted ; $ ____ Per Occuirenc e 0 Uni ted Slates Longs hor eman 's and H11rborworker's Act coverage slm l I be ma intninecl where applicable 10 the completion oflhe work. ____ Per Occurrence 0 Maritime Coverage (Jo ne s Act) shall be maintnined where applicable 10 the completion of the work . Per Occu rrence ---- 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occ urre11c e if ap plica ble to 1hc comple tion of th e Se1vices under thi s Agreement. ----Per O CUTTCllCC 0 Pollutiou Per Occurrence ---- 0 Professional Liability $ _____ Per claim & in the aggregate 18] E.~cess ovcrnge /Urnbl'ella $3,000,0 00 Per Occ un ·e11ce 0 Valuable Papers lnsurnnce ____ Per Occurrence 0 Cyber Liab il ity ______ Per Occurrence 0 Technolo: En ors & Omissions ____ Per Occurrence CAO Page 3927 of 5243 7. 181 Bid bond 8. [8J Performance and Payment Bonds Shall be submitted with propo sal response in th e form of certified funds, cashiers check or an irrevocable letter of cr edi t, a cns h bond po sted with th e Cou n·ty Clerk, or proposal bond in a sum equal lo 5% of the cost proposal. All checks shall be made payab le to 1h e Collier Co un ty Board of Co unty omm issioners on a bank or tru st company located in the Stale of r-lorida and insured by the Federal Deposit Ins urance Corporation. Fo r projects in excess of $200 ,000, bonds shnll be s ubmitted with the ex ecut ed contract by Propos ers receiving award, and writteu for I 00% of the Con tract award amount, the cost borne by the Proposer receiving an award. Tl1e Performance and Payment Bonds shal l be und erwritte n by a surety authorized to do busines s in th e State of Florida and other\vise acceptable to Owner; provided, however, the surely shall be rated as "A-" or belier as to general policy holders rating and Class V or high er rating 85 to financial size category and the amoun t required shall not exceed 5¼ of the rcpo11ed policy holders' surplus, all as repmtell in U1e most current Be st Key Ra ting Guide, pub lished by A.M . Dest Company, Inc. of75 Fulton Street, ew York, New York 10038. 9. ~ Vendor shall ensure that all subcontractors co mply with th e same insurance requirements tha r he is required to meel. The s11m e Vendor sha ll provide County , ilh certifica te s of insurance 111ee1in g the requi red insurance provisions. 10 , ~ Collier County must be named as "ADDIT IONAL I SUR D" on the Insurance Ce11ificate for Commercial General Liability where req uired. This insurance shall be primary and non-contributory with respect to any other in suJ"ance maintained by, or available for the ben efit of, the Additional Jnsured and the Vendor's policy shall be endorsed accordingly. 11 . ~ The Certificate Holder shall be named as Collier Co unty Board of Coun ty Commi ss ioners, OR, Board of Counly Commissioners in Collier County, OR Collier County OovemmenL, OR a llie r County. The Certificates of Insurance mus t state the Contrac t umb er, or Project umber, or specific Project description, or must read: For any and all work performed on bchalfofCollier County. 12. 181 On all cer1ificntc , th ertifi ente Holder mu I read: Collier County Board of Commissioners, 3295 Tam iami Tra il East, Naples, FL 34112 I 3. [81 Thirty (30) Dny C1rncellntion otice required. 14. Co ll ier County shall procure and maintain Builders Risk insurance on all construction projects where it is deemed necessary . uch coverage shall be elldorsed to cover the interests of Collier Co un ty as well as the Contractor. Premiums shall be billed 10 the proje ct and the Co ntra cto r shall no t include Bt1ilders Risk premiums in its project proposal or project billings. All questions regarding Build er's Risk Jnsurnnce will be addressed by the Collier County Risk Management Div is ion . GG-3/20/23 Vendol'1." ln sm·Ancc cc pt:rnce By submission of the bid Vendor accepts and understands the insurance requirements of these specifications and that th e evidence of insurability may be requll'ed within five (5) days of the award of this so li citation . The insurance submitted mu st provide cove ra ge for a minimum of six (6) months from the date of award. CAO Page 3928 of 5243 Procurement Services Division The Vendor certifies tlrnt , to the best of il s knowledge nnd belief, the past and current work on any Co llier County projec t amliated with this sol i itatio n doc s not pose 1111 organizational co nni ct as descr ib ed by on of th e three categories below : Biased g1·0111uJ rnlcs -The firm has not set th e "ground mies" for am li ated pa st or current Collier Co un ty project iden tified above (e .g ., writing II pro ctireme nt 's stal em enl of work, spe cifica tion s, or perform ing systems engineering and tec hni cal direction for the procurement) whic h ap pe ars lo kew th e co mpetiti on in favor of my firm . lmpnircd objectivity -The firm lrns 1101 perfo rmed work on an llffiliated pa I or current Collier Co unty project identified above to evnluale proposals / post performance of its elf or a comp etitor, which calls int o question the con tra ctor's nbility to render impar1i11l advice 10 the government . Unequa l accc s to infonnntion -The finn ha s not had 11cccss lo nonpubli c informntion as part of its performance of II Collier County project iden tified above which mny have provided the con tractor (or 11n nmliate) with nn unfai r compet it ive ndvantage in current or future so li ci tat io ns and co ntract s. In addition to this signe d nffi dn vit, the conh-actor/vend or must pro vide the fo ll owing: I . All documents produced as a result of the wo rk comple ted in the p11s1 or currently being worked on for the above- mentioned project ; an d, 2. Indicate if th e infonn 11 tion produced wa s ob ta ine d as II matter of pub lic record (i n th e "su nshine ") or through non- public (not in the ''sunshin e") conversation (s), mceting(s), docume nt(s} and/or other means. Failure to disclose all material or having an organiza tional conflict in one or more of 1he three categories above be identified, may result in the disqualification for future solicitations affiliated with the above-referenced project(s). By the signnture b low, the finn (employees, officers and/or agen ts) certifies, and hereby discloses, tha t, to the best of thei r knowle dg e and bel ief, all relevant facts conceming past, pre sen t, or currently planned interest or ac tivity (financial, contra ctual, organizalional, or ot herwise) whi ch relates lo the projec t identified above has been fully disclosed and does not pose an organiza ti ona l con flict. Eriko Boclens!ein . Vi ce Pre ·id ent Prim Nam e and Title tate of r-torida County of ___..c::.ee"'------- The fo regoing instrume 11 was acknowledged before me by mean ri:zation, this ~ day of _,1.;;:....µ..Ah,.'-_ (month),, (year), b 1...!1....1-~""-""__.,_.....>....,;...,__....a.J...,__,"-"":....._ ____ (.nnme of pe rso n ack nowl edg in g). ½,:;~,ally Known OR Produced ldentificntion ________________ Ty pe of Identificat io n rrodu ce d OORlAN MCCLAIH Commlulon # HH 273324 lixpliu Junt 7, 2026 CAO Page 3929 of 5243 Procurom ent Services Division FORM 10 -VENDOR DECLARA T ON STATEMENT BOARD OF COUNTY COtvlNDSSIONERS ColJier Co unty Government Complex Naples, Floridn 34 112 Dear Commissioners: The undersigned, as Vendor declares that lb.is response is made witJmut cormection or arrangement with any other person and this proposal is in every respect foir and made in good failh, without collusion or fraud. The Vendor hereby declares U1e instructions, purchase order tenns and conditions, requirements, and specificnlions/scope of work of this solicitation have been fully examined and accepted . The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose or es tabli sh ing n formal contractual relationship between the rmn ond Collier County, for the perfonnanoe of all requirements to which the solicitation pertains. The Vendor sta tes th11t tht: submitted is based upon the documents listed by the above-referenced Solicitation. Furlher, the vendor agrees thnt ifnwnrde il n conlrucl for the. good and/or services, the vcndo1· will not be eligible to compele, suhmil II pl'Oposal, be aw nled, 01· perform ns n sub- e ndor for nny fuhu•e :u ociated , ith work that is result of this awnnled contract. IN WITNESS WHEREOF , WE hove hereunto subscribed our nomes on lhis 2l__ day of~M=o~)-' ___ , 201_3in the County of Lee , in the State o f Flor id,1 Finn 's Legal Name: Address : City, tale, Zip Co de : Florida Certificate of Authority Document Number Fcde rn! Tax Identification Number •CCR# or CAGE Code 'Only if Grant f.'unded Telephone : 'ignnture by : (fyped and written) Title : DEC Contrncting Group. Inc, I 5fiQ Matthew Qrjve Ste 6 Et M)mrs E(. 33907 P14000020244 46 -4934701 Cnge Code 74UA6 239-332-4322 Vice President CAO Page 3930 of 5243 end p11 ymen t to: (required if different from above) Contact nam e: Title: Address: City, State, ZIP Telep hone : Email: Office serv icing oilier ou nty to place orders (required if different from above) Contact name : Title : Address: City, State, ZIP Telephone: Email: econdery Contact for this Solicitation: Emai l: Phone : Additional Contnct Inform ation Company name used as payee Douglas R . Masch II doug@deccontracting.com 239 -3 32-4322 CAO Page 3931 of 5243 rCounty Procurement Services Divis ion li'ORM Jl-lMMIGRATlON AFFIDAV ITCERTIFTCATfON This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program , and provide acceptable evidence of their enrollment, at the time of the stibmission of the Vendor's bid . Acceptable evidence consisls of n copy of the properly completed .E-Vcrify CompAny Profile page or a copy of the fully execLJted E-Verify Memorandum of Understanding for the company which will be produced 111 the time oflhe submission of the Vendor's bid or wi~hin live (5) day oflhe County 's Nol ice of Recommend Award . FAILURIL TO EXECUTE THI.S Al1"FIDA\llT CERTrFICATJON AND SUBMIT W I TH VENDOR'S PROPOSAL/Bl D MAY DEEM THE VENDOR NON-RES PO SIVE. Co.Iller County wi ll not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of lhe employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the immigration and NRlionality Act ("INA''). Collier County may consider the employment by any Vendor of unauthorized ali ens a vio lation of Section 274A (e) of the lNA . Such ViolRlion by the recipient of the Employment Prov isions contained in Section 274A {e) of the !NA shall be grounds for unilaternl terminalion of the contract by Collier County . Vendor attest s that they are folly compliant with all Rpplicnble immigration laws (specifically to the 1986 lmmigration Act and subsequent Amendmenl(s)) that it is aware of and in compliance with the requirements set forth in Florich-1 StHtutes §448.095, and agrees to comply with the provisions of the Memorandum ofUnderstanding with E-Verify and to provide proof of enrollment ill The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in pa11nership with the Social Security Administration at the lime of submission of the Vendor's proposal/bid . Inc. Company Name J2.L .~ Erika Bodenstein, Vice President Print Name and Title State of Florida County of _ ..... L""ee,,___ ____ _ The foregoing instrument was acknowledged before me by mea11~ o\ this ~ day of ~ 'I • _ (mouth). ,3l,[ffi {year), b L..£~-4-i.._.:-l>--<l~~"--'==,._,__.....,__._-=-- of person acknowledgmg). --- Personally Know~\ OR Produced Identification Type of Identification Prod11ced ~i~~ D ~\C\>A° C;. (~ Lft:---, (Signature of Notary Public -Slate ofPlorida) LlJK:x--\\l'> M:Q,L \:G, h) (Pri111, Type , or 0 S1a111p Commissioned Name ofNota1y Public) DORIAN MCCLAIN C-Omml$Slon # HH 278324 Expire& June 7, 2026 CAO Page 3932 of 5243 FORM 12 -:BIDDERS CHECKLIST [MPORTANT : No bltl sh111l b • considered un less II is made on unall e red Bid form s , hich are included in Ch e Bldtlin g Documents. Plea , e reRd carefull y, sign in th e spa ce indic ated , and!£!!!!:!!, with your Bid. FAIL UR E TO PROVID E THE BID DOCUME NTS MA Y BE GRO UND S TO DEE M YOU O -RE . PO STVE/NO - RE SPO SIB LE. Bidder shou ld check off each of the foll owing items as th e necessary ac tion is completed : 1. The Bid bas be en sign ed. 2. The Bid prices offered have been reviewed. 3. The pric e extensions and to taJs have bee n checked . 4. Bid Schedule bas been completed and attached. 5. Any required drawings, descriptive li terature, etc . have been included . 6. Any delivery information required is included , 7. The following onlinc standord documents havu been review d and accepted in Did Sync : a. Construction bid instructions form b. Construc tion services agreement c. Purchase order terms and cond itions 8. All of the fo ll owing bid fonns have been complete d and signed: a . Bid Form (Form I) b. Co ntra ct ors Key Personne l (Form 2) c . Material Manufactw-ers (Form 3) d , Lis t of Majo r Subco ntmctors (Form 4) e. Statement of Experience (Form 5) r. Trench. Safety Act (Fonn 6) g. Bid Bond Fo rm (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidav it (Fo nn 9) J Vendor Declaration Statement (Form 10) k. Immigra tfon Low Affidavit Certification (Fo rm 11) MUS T be signed and attached with your submittal. I. 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 Coun ty Businesses Only) b. Company's E-Verify profile page or memorandum of understanding c. Certifi cate of Aut hority to Condu ct Business in the State of Flo rido (sunbi z.org) d Any required professional licenses -valid and current (myfloridalicense .com) (i .e., Ge nera l Co ntr ac tor's license, Unde rground Utility, and Excavation, Builders, Trade Contractors, etc ., as applicable, requested, and/or required .) e. Vendor W-9 Form 10 . If required, the amount of Bid bond has been ch eck ed, and tbe Bid bon d or cashi er's check has been submitted . 11. Any addenda ba ve been signed 1111d acknowledgement form is attac he d and incl ude d. 12 . The Bid wiU be uploaded in time to be received no later than the specif'ied opening date and time, otherwise, the Bid canno t be considere d. Page 3933 of 5243 Procurement Services Division Emai.l: matthew .catoe@colliercountyfl .go v Telephone: (239) 252-6098 Addendum #1 Date: From: To: April 27 , 2023 Matthew Catoe, Procurement tra egist Interested Bidders Subjecl: Addendum # I olicitation 23-8 I 20 Bulk Aircraft Hangar at Marco Island Executive A irport (MK Y) The following clarifications are issued as an addendum: Change J: Addition: Marco Island Executive Airpo1t Bulk Hangar Construction Document -Door Hardware el shown below per que tion l . If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Plensc sign below 11nd return II copy of this Addendum with your submittal for the above r ferenced solicitation. cE,~ May 23. 2023 Date D C Contracting Group 1 lnc. (Name of Firm) CAO Page 3934 of 5243 Marco Island Executive Ai rpo rt Bulk Hangar Construction Documents DOOR HARDWARE SET Doors: 101A, 1018, 101C, 10 10 Description : EXTERIOR EXIT DEVICE W/ CARD ACCESS 3 Hinge , Fu ll Mort ise, Hvy Wt T4A3386 NR P 1 Rim Exit Device 7160 WS B MELR MO626F 1 Cylinder UL 437 Medeco Surface Closer UN l 4400 Kick Plate K1050 8" x LAR Threshold 2005AT Gaskeling 303AS 1 Rain Guard 346C Sweep 315CN , Electrolynx Ha rness (hin ge) QC-CxxxP 1 Eleclrolynx Harness {lo celling) QC-C1S00P Position Switch DPS-M-BK 1 Power Supply AQD Series as Required 1 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 for windstorm . The door hardware specified is listed as a basis of design. If alternate hardware is proposed, pl ease provide third-party test results and comp liance information to architect. #2022711 @SCHENKELSHUL TZ DOOR HARDWARE 0871 00-19 02/03/23 CAO Page 3935 of 5243 Email: matthew.catoe@coll i ercountyfl .gov Te lephone: (2 39) 252-60 98 Procurement Services Divisi on Da te: From : To: Addendum #2 May 2 2023 Matthew Catoe, Procurement' trategi st I nterested Bidders Subj ect: A.dcl endum #2 olicitation 23-8120 Bulk Aircr<1ft Hangar al Marco I sl and Executive Airport (MKY) The follm ing clarifications arc issued as an addendum: lrnnge 1: Revise 23 -8120 Exhibit J pecificatioas -3.I.D. l Painting Addition: I. A ll slruc !urn l steel mem be rs shall be cl ea ne d free of oil, dir t, r ust, loose scale and foreign matter pr ior to painting meeting II SSPC. P-10-85 near -white blast cleaning specification. SPC- 6 can be utilized for the cleaning as an al terna te to PC-10. han ge 2: Revise 23 -8120 Exhibit J pecifications -Part 2 -Products Adclilion: 2.1 MANUFACTURER A . Manufacturers: Subject to comp l iance wit h requireme nts, provide produc ts by o ne of the fo llowing: I. Chief Buildings; Chiefrndustries, Inc . 2. Mid-West teel Building Company; an NCI compa ny. 3. Nucor Ouilding Systems; a Nucor company. 4. Trident Building Systems , Inc. S. Varco-Pruden B ui ldi ngs ; a divisio n of Blue cope Buildings orth America Inc 6. AC J Building ystems 7. Vulcan Stee l Strnctures, I nc . If you re qu irn additiona l i nforma t ion, please post a question on our Bid ync (\ W\ .b idsync. om) bidding platform under the solicitation for this project. Pl ease sign bel ow and " I urn n copy or thi 1·e fi enc ed oli cita ion. , ID#oJlt?C>r (Signature) DEC Contracting Group, Inc. (Name of F i rm) ddendum I ith our ubmittal for the above Ma y 23, 2023 Da te CAO Page 3936 of 5243 Emai I: Kri stofe r. l opez.@Jcol liercountyfl .gov Telephone : (239) 252-6098 Procurement Services DMsion From: To: cld endum #3 May 4 2023 Kristofer opez, Procu remen t Strategist Interested Bidders Subject: Addendum #3 olicitnlion 23-8120 Bulk Aircraft Hangar at Marco Island Executive Airport (MKY) The following clarifications are issued as an addendum: Change I: Re,•is c 23-8120 xhibit J pec ificntion -Pnrl 2 -Prod ucts Addition: SECTION 264113 • LIGHTNING PROTECTION SY TEM 2.1 MANUFACTURERS A . Thompson Lightning Protection , Inc.• Premium Line B. Ind ependent Pro tection Company, rnc .• Premium Line . H eary Bros . Lightning Protection• Premi um L in es D. Harger Lightning Prot ect ion, I nc.• Premium L i ne E. Robbin s Lightning, I nc. 2. Exhibit M 8 Doring Location Plan ha been upl oaded 3. Exh ibit L onstruction tornnvater Pollution Prevention Plan Templ11te hns been uplonded If you req uire additional information, please post a question on our B id Sync (www.bids nc.com ) bidding platform under the solici tation for thi s project. Please sign below and r turn a copy of this ddendum with yo u I' ubmittal for the nbov e f.~~--ignalure) May 23, 2023 Date DE Contracting Group. Inc. (Name affirm) CAO Page 3937 of 5243 Ema i I : Kristofer.lopez@col I iercountyfl .gov Telephone: (239) 252-6098 Procurement Services Division Date: To: Addendum #4 May 8 2023 Kristofer Lopez , Procurement trategist I nteres ted Bidders ubj ect: Addendum #4 elicitation 23-8 120 Bulk Ai rcraft Hangar at Marco Island Executive Airpor1 (MK Y) The fo ll owing clarifications are issued as an adden dum : Change 1: As l'eAds: Bid due date is May 9, 202J @J:00 PM .EST ow reads: Bid due date is May 23 1 202 (a). 3:00 P ,f E hauge 2: Q11eslioJ1 A Rd iH1swer ~ffi •iofl ends Mny 21 20H @ 5:00 PM EST Now reads: Question Answer Period ends Friday May 12. 2023 @5:00 PM EST lrnnge 3: Revi cd Bid Schedule lrn been uploaded: 23-8120 Bid ehedule Revi ed 4. 23-8 120 ExhibitL Geotech Report ha be n uploaded 5. 23-8120 Exhibil M , xist in g CondWons & Demo Pl::ins lrn be a uplonded If you require additional information, please post a question on our Bid Sync (w\ v.b i d voe.com) bidding platform under the solicitation for this project. Plens ign below and return II copy ofthi Addendum with your submittul for the nbov e '~(fu:~ May23,2023 (Sig;au Date DEC Contracting Group 1 Inc. (Name ofFirm) CAO Page 3938 of 5243 Dnte : From: To: Email : Kristofer .lope z@ colliercounlytl .gov Telephone : (239) 252-6098 Addendum #5 foy 15, 2023 Kristofer Lopez, Procurement Strntegist Interested Bidders Subject: Addendum #5 Solicitation 23-8120 Bulk Aircraft Hangar nt Marco Island Executive Airport (MKY) The following clorificntions are issued as au addendum : Change 1: Pursuant to the Information provided by the metal building tnanufacturers regarding the unavailability of Florida Product Approvals related to the translucent roof panels shown and called for on the Roof Plan (Sheet A151) and Reflected Ceiling Plan (Sheet A140), furnish and install standard standing-seam trapezoidal-rib metal roof panels per the specifications, Section 13 34 19, Article 2.5, in place of the translucent roof panels. Traditional skylights will not be required, Change 2: As Rends: The Sueeossful RiElder shall be re(ft.lfred to fiHoll)1 eomplete al I Weffi wiilii11 three kundred and si,1t:y aiJ£ (240) ealeadar days ·fr om AFJd alcler ilie CommeeeemeR-t Date Gf)eei Hod iH the }lelise ~e PFeeeeti. The :HRBI eemp!eii0fl: da~·s tneh1de &:,ibstElfltoiel eempleLien days of three hundred and-thi-Fty-sHi (210) ealendft::" days , witJ, an additieRa:I thirty (30) ealenElor days le fmal eompletioR ow Reads : The Successful Bidder shall be required to finglly comp lete ~II Work within drree hundred and sixty-six (366) calendar days from 1m d after th e Commenceme nt Dote specified in !he otice to Proceed . The fin al completion days include substantial completio n days of three hundred and thirty-six (336) calendar days. witl1 an oddilionul thirly (30) calend11r days to final completion Change 3: 23-8120 Solicitation Revised has be en uplo11ded If yo u req uire ndditional info rmat ion, pleas post a question on om Bid Sync (W\\\\',bi dsync.com ) bidding plotform under the solicitation for this project. Plea se sign below and r turn ll copy of this Addendum with your submittal for the above referenced olicitation. ~~ May 23, 2023 Date C 0 Page 3939 of 5243 DEC Contracting Group, Inc . (Name of Finn) CAO Page 3940 of 5243 EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Brad Ninkovich Erika Bodenstein Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: [2022_ver.4] 0 Page 3941 of 5243 EXHIBIT B-1: PUBLIC PAYMENT BOND Bond No. 015221337 Contra ct No . -=2=-3--=Bc.:.1.=.20=------ KNOW ALL MEN BY THESE PRESENTS : That DEC Contracting Group, Inc. ,,,___,,, _______________________ , as Principal , and The Ohio Casualty Insurance Company as Surety, located at 1200 MacArthur Blvd ., 3rd Floor, Mahwah, NJ 07430 (Business Address) are held and firmly bound to TheBoaraofCounly Comm eSSIQtle~ofColllerCounty Flonda as Obllgee in the sum ofThree Million Sixty-Three Thousand Nine and 4111 oo Dollars ($ 3,063 009 41 ) for the payment whereof we bind ourselves, our heirs , executors, personal representatives, successors and assigns , jointly and severally. WHEREAS, Principal has entered Into a con tract dated as of the day of O '-~06 gr 20 G 3 , with Obligee for Bulk Aircraft Hangar at Marco Island Executive Airport -Bid# 23-8]20 in __________ accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment lo 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 prov ided for In the Contract , then this bond is void ; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation unde r this Bond. The provisions of th is bond are subject to the time limitations of Section 255 .05(2). In no event will the Surety be liable In the aggregate to claimants for more than the penal sum of this Payment Bond , regardless of the number of suits that may be filed by cla mants. IN WITNESS WHEREOF , the above part ies have executed this instrument this .filh_ day of September 20~ , the name of each party being artixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body . 11 Co nstru e on Services Ag reement (2022_ ver.◄ I C 0 Page 3942 of 5243 Signed, sealed and delivered presence of: STATE OF ..... F.:.:;lo=.,.;.;id=a"-------' COUNTYOF ~ The foregoing instrument was ack !edged befor of DEC Contracting Group, Inc. behalf of the co rporation. take an oath. My Commission Expires: ti-~ ,ue. REG INAL . DUNN .,,o'-, ...... ¼-Commission t HH 030505 • ~; Expires August 29, 2024 ,'!1'1(~ BondldflWl!Udgelllolarl 6arfflf ~O F f\.o (AFFIX OFFICIAL SEAL} ATTEST : Witnesses to Surety . day of ~ PRINCIPAL DEC Contracting Group, Inc. (Legibly Printed) or D by Notary.Public, Statep{ ..i ~-~ Commission No .: t"t ~,o _ 5 _ SURETY : The Ohio Casualty Jnsucaoce Campaoy (Printed Name) NI A (Bus iness Address NIA (Authorized Signature) NIA (Printed Name) 12 Conslruc ll on Services Agree ment: (2022_ ve r.4J CA.0 Page 3943 of 5243 ::-- Cheryl R. Coleman , As to Surety Witnesses Zachact J. Rosentha l, Afco r~:1D~1 ST ATE OF New Jersey COUNTY OF .;.:M=id=d=le,,...s-ex.,__ __ _ (Printed Name) --~ 1200 Ma cArthur Boulevard 3rd Floor Mahwah NJ 07 430 (Bus iness Addres s) 20 1-236 -4045 (T elephone Numb er) The foregoing instrumen t was acknowledged before me by means of f/ physical presence or D on ll ne nota ri zation , th is 6th day of Septe mb er 20ll,_, by _z_a..,ch,...a_rv,.__J __ . R __ o"'"s ... e .... n ___ th.,_..a __ l ___________ , as Attorney -in-Fa ct of The Ohio Cas ualty In suran ce Com pa ny , a New Ha mpsh ire corpora tion, on behalf of the corporation. He /she is pe rsonally known to me OR has produced _N_/A~-------------------as identi fi ca tio n an d did (did no t) take an oat h. // , ;/ . My Comm ission Expires : W -J/l CAROL McTARSNEY (Signatu re of otary Public) ~=r am•~4~¾.l]fW&Mj (AFFIX OF FICIAL SEAL ) Notary Public , State of: Ner rse; Commiss ion No .: /!JQ5i20 x'A3 , 13 Cons trucUon Sen/Ices Agreement (2022_ ver .4 J Page 3944 of 5243 ~Libertx \P Mutual SURETY Thi s Power of Attorney limit s th e ac ts of th ose na me d herein, and they have no author ity lo bind the Company ex ce pt In the manner and to lhe extent here in stated . Li be rty Mutual Insurance Company The Oh io Casualty Insurance Company West American Ins urance Company POWER OF ATTORNEY Certi~ca te No : 8206800-969516 KNOWN AL L PERSONS BY THESE PRESENTS : Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire . that L1berty Mutua l Insura nce Company 1s a corporation duly organ ized under the laws of the State of Massachusetts . and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (h erein collectively called the •compan1es"), pursuant to and by au thority herein set fo rth, does hereby name , constitute and app oin~ Chery l R. Cl1le man ; Mart J. Micbalcw ·ky ; lary J. D'Amat : an rn , Pace: Th ma Tru~; Za..:hary J. Rosentha l all of the city or West lield state of NJ each in dividually if there be more than one named . its true and lawful attorney-in -fact lo make , execute . seal , acknowledge and deliver , for and on its behalf as surety and as its act and deed , any and all undertakings , bond s, recogn izan ces and other surety obliga~ons , in pursuance of these presents and shall be as binding up on the Companies as ~ they have been du ly signed by th e president and attested by lh e secre tary of th e Companies in their own proper persons. IN WITNESS WHEREOF , this Power of Attorney has bee n su bscrib ed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I I 1h day of , ovember , 1021 Li berty Mutual Insurance Company The Ohio Casualty Insurance Comp.any West American Insura nce Company I -------By dff ;,:,,, H • 0 ~ David M. Carey , Assistant Secretary g-~ :: ro Stale of PENNS YLVA NIA ·-:5 ¥ ~ County ol MONTGOM ER Y ss _§ E u~ -..... :::, On this 111h day ot ovember , 20::!l before me perso nally appeared David M. Carey , who aclmowledged himseltto be the Assistant Secretary of Liberty Mutual Insurance rl 111 ~ ro Company , The Ohio Casualty Company. and West American Insurance Company , and that he, as such , being authorized so to do , e~ecute the foregoing in strument for th e purposes '§ :§ 2 ~ therein contained by sign ing on beha lf of the corporations by himself as a duly authorized officer ~@ -ro ~ ..9:! :::i IN WITNESS WHEREOF , I have hereunto subscribed my name ana affixed my notanaI sear ar King of Prussia . Pen nsy lvani a. on the day and year fi rst above wntten . <e=i c~ o~ ro~ ~o 0~ ~---------~ ---'I -ColT\fflOITWeallll or P•rmsylwma • NlJlary Seal >,_ <IJ 5 Tere,a Paste>la . NO!Sry Pu011C ,r.--.._ £ ~ ·m _, W Mootgoole,yCoooty fl/,~.. . t! ../-~/ ._ E 0 _, My c,,mm,ss,on 0>oln,s Mardi 28 2025 By: :::I-J-,VU-4-'---::-_-::---:-:-.,-~----:::-:--::-------------0 11) cw_~ ~~"'-·L·► "· Con,m,ssionnumt'>etll~60-l4 1eresaPastetta , Notary Public .::i::_:i::: 0 ___ ,i,!__~"'J " ~ ~BJ'Tlbel Pen~.m•QI As'!iOO.afl□" Df NDJa~ Ol ~ ◄Fr, .,._,;;e, o 0 ro~ ... ~ .gi 1!! This Powe r of Attorney Is made and executed pursuan t to and by aulhonty of the fo llowing By-laws and AtJlh orizan ons of The Ohio Casually Insurance Company . Liberty Mutua l ~ a;> E .£_ Insurance Company , and West American Insurance Company whic h resolutions are now in full fo rc e and effect reading as foll ows : f ~ ._ .£!! ARTICLE IV -OFFICERS : Section 12 . Power of Attorney. 0 0 .E ~ Any officer or other official of the Corporation aulhorized for lhal purpose in writing by the Cha irman or the Pres fde nr. and sub,iect to such li mitation as the Chairm an or the 13 ..- ] i:;' Pres ident may prescribe , shall appoint such attorneys-in-fact as may be necessary to act In behalf of the Corporati on to make , execute , seal , acknowledg e and deliver as surety ffi ~ ro c any and al l undertakings , bonds , recognizances and other surety obfigations Such attomeys -in-facL subject to the limitations set forth in their respective powers ol attorney , shall -u r! ~ ~ have full power to bind the Corporation by their signature and execution of any such in struments and to attach thereto the seal of the Corporation . When so executed . such § ,v z B instruments shall be as binding as ii signed by the President and attested to by the Secrelary Any power or authority gran ted to any representative or attorney-In-fa ct un der the ~ l:l provisions of this article may be revoked at any fim e 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 re ty Boods and Undertakings . Any officer of the Company authorized for that purpose in writing by the chair ma n or the president , and subject to such limftations as the chairm an or the president may presc lib e. shall appoint such attorneys -in-fac t, as may be necessary to ac t in behalf of the Comp any to make , execute . seal. ack nowledge and deliver as surety any and all undertakings , bonds , recognizances and oth er surety obligations Such attorneys-in-fact subject to the limitatioos set forth in their respective powers of attorney . shall have full power to bind the Comp any by the ir signature and execuUon of any such instruments and to attach th ereto tile seal of the Company . Wh en so exec uted such in struments shall be as binding as if signed by the pres ident and altested by the secretary , Certifi cate of Designation -The President of the Company , acting pursuant ta lhe Bylaws of the Company , aulholizes David M, Carey , Assistant Secretary to app a.nt such attomeys-In· fact as may be necessary to act on behaJI of the Company to make . execu te, sea l. acknow1edge and deliver as surely any and all undertakings , bonds , recognizances and other surety obliga tions . Author i.zation -By unan im ous consent of the Company 's Board of Directors. the Company consents that facs imil e or mechanica lly rep ro duc ed signature of any assistant secretary of the Company , where-ver appearing up on a certifi ed copy of any pow er of attorney issued by the Co mpany in con nection with surety bonds, shall be vaJid and binding upon the Company with the same fo rce and effect as though manually affixed . I, Renee C Uewe lfyn . the under si gned . Ass istant Secretary , The Ohio Casua lty Insurance Company , Li berty Mutua l In surance Comp an y, and Wes t American Insurance Company do hereby certify that the onginal power of attorney of which the fo re going Is a full , true and cooect copy of the Power of Attorney executed by said Companies , is in lull force and effect and has not been re voked , IN TESTIMONY WHEREOF . I have hereun to set my hand and affixed the seals of said Companies this ~ day of September , ~023 LMS·12S7J LMIC OCIC WAIC Mulb Co 02/21 Page 3945 of 5243 ~lihert:x ~ Mutual. SURETY Assets 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 Estate ........................................................ 0 Agents ' Balances or Unco llected Premiums ....... 936,691 ,175 Accrued Interest and Rents .............................. . Other Admitted Assets ..................................... . 40 ,821,253 2,318,373,499 Total Admitted Assets................................. $9.121.377 .597 THE OHIO CASUALTY INSURANCE COMPANY Financial Statement -December 31, 2022 Liabilities Une arned Premiums ............................................ $1,621 ,337.313 Reserve for Claims and Claims Ex pen se ................. 4,472,582,937 Funds Held Under Reinsurance Treaties ................ 0 Reserve for Dividends to Policyholders ................. 220,687 Additional Statutory Reserve ................................ 0 Reserve for Commissions, Taxes and Other Liabilities.............................................. 510,304,288 Total.......................................................... 6,604,445,225 Special Surplus Funds ................ , $31,311,376 Capital Stock ..... .. ... .. .. ...... ... . ... .. . 4,500,000 Paid in Surplus ........................... 738 ,1 83 ,897 Unassigned Surplus .................... 1,742,937,099 Surplus to Policyholders ...................................... 2,516,932,372 Total Liabilities and Surplus ................................. $2,,l21,l.7Z,597 • Bonds are stated at amortfzed or investment va lu e; Stocks at Assoc iat ion Market Values . The for ego ing f in anc ial i nformation is taken from The Ohi o Casua lty Insurance Company's financial statement f il ed w ith the state of Oh io Department of Insurance . I, TIM MIKOLAJEWSKI , Assistant Sec r etary of The Oh io Casualty Insurance Company , do hereby certify that the forego ing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31 1 202 2, to the best of my knowledge and belief. IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington , this 8th day of March 2023. Page 3946 of 5243 EXHIBIT B-2: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : as Principal, ~,..,,--,-,------------• as 1200 MacArthur Blvd ., 3rd Floor, Mahwah , NJ 07430 Bond No . 015221337 Contract No. 23-8120 That DEC Contracting Group , Inc . and The Ohio Casualty Insurance Company Surety, located al (Bu siness Address) are held and firmly bound to The Boa rd of County Commissioners of Collier County, Florida , as Obligee in the sum or Three Milhon Six ty -Thr ee Thousand Nine and 41/100 Dolla rs ($3,063,009.41 ) for the payment whereof we bond ourselves, our heirs, executors, personal representativ es , successors and assigns , jointly and severally. WHEREAS . Principal has entered in to a contract dated as of the { U day of 0 c;.. L-u 6 •r , 20 -Z S , with Obligee for Bulk Aircraft Hangar at Marco Isl and Executive Airport -Bid# 23-8120 In accordance with drawings and specifications , which contract is Inco rporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal : 1. Performs the Contract al the times and in the manner prescribed in the Contract; and 2. Pays Obllgee any and all losses . damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including , but not lim ited to, all delay damages, whether liquidated or actual , incurred by Obligee; and 3. Performs the guarantee of an work and materials furnished under the Contract for the time specified in the Contract, then this bond is void ; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received , hereby st ipulates 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 lo work or to the specificalions . This instrument shall be construed in all respects as a common law bond. It Is expressly understood tha1 the time provisions and statute of limitations under Section 255.05, Florida Statutes , shall not apply to this bond . In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obllgee. IN WITNESS WHEREOF , the above parties have executed this instrumen t this _filb_ 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 or its governing body . 1 ◄ ConwucUon Services Agreemen t [2022_ver.◄] Page 3947 of 5243 ~lgned, sealed and delivereQ_ 1 resence_ of: l-PR INCIPAL ST A TE OF Florida COUNTY OF _Lee:;;....,;;~---- The fore oin instrument was acknowledged before of DEC Contracting Group, Inc . behalf of the corporation . lake an oath. My Commission Expires : REGINA L. OUNN Commission f HH 030505 Expifes Aug.us! 29, 2024 ~ TlwlludatttlowySttvk:es (AFFIX OFFICIAL SEAL} day of a He~ j§ wsonally corporation, on ka own to me OR has produced as identification and ~d not) -L ~-·- Notary Public) ,nci. L ·D<..A."'"' (Legibly Printed) Notary Public, Sta_t~ of: 'Ho.,.;~ Commission No.: t-t f'o3b 0 0.:..> 15 Construci!on Se!Vlces Agreemen t: [2022_11er.4J CAO Page 3948 of 5243 ATTEST: Witnesses a o Surety Cheryl R. Coleman As to Surety OR Witnesses SURETY : The Ohio Casualty Insurance Company (Printed Name) 1200 MacArthur Blvd 3rd Floor Mahwah. NJ 02430 • Zachary J. Rosenthal, Attomey-ln-i=-acl (Printed Name) NIA As Attorney in Fact (A ttach Power of Attorney) NIA {Printed Name) NIA (Business Address) 201-236-4045 (T elephone Number) STATE OF '--'N=ew=Je=r=se,._.,y'------- COUNTY OF ...,M""id,._.d....,le....,s ..... ex.,__ _____ _ The foregoing instrument was acknowledged before me by means or filphysical presence or □ online notarization, this 6th day of September 20_g.L_, by Zachary J. Rosenthal , as _A~tt....,o"-'-r.,_.ne,...y1.::.-iwo;:J.-F...,.a ... ctL..-_____ _ or The Oh io Casualty Insurance Company , a New Hampshire corporation, on behalf of the corporation . He/she is personally known to me OR has produced N A as identification and did (did not) take an oath . (AFFIX OFFICIAL SEAL) (Signature of Notary Public) 11/tL l/1~71/£>AIEY (Legi bly Printed) / Notary Public , State of: New Jersey Commission No.: ()IJ5l)ffltA31 ' 16 Construcllon Servtc.es Agreement (2022_ ver.4] -..,. Page 3949 of 5243 ~liberlJ. ~ Mutual SUR ETY Thi s Power of Attorney li mits the acts of those named herein , and they have no authority to bin d the Company except in the manner and to the extent herein stated . Liberty Mutual Insurance Company The Ohio Casualty In sura nce Company West America n Insurance Co mpany POWER OF ATTORNEY Certi fi cate No : 8206800-969516 KNOWN AL L PERSONS BY THESE PRESENTS : Th at The Ohio Casualty In surance Company is a corpora tion dul y organized under the laws of the State of New Hampshi re , that Liberty Mutual Insura nce Company is a corporation duly organized under the laws of the State of Massachusetts . and West American Insurance Company is a cocporation du ly organ iz ed under the laws of th e State of Indiana (here in coll ective ly called the ·compan ies"). pursuant to and by authori ty herei n set forth , does hereby name . constitute and appoint . Cheryl R. 'o le man: 1\ttarc J. Michalews ky: Mary J. D' maw ; andra A. Pa,e; Thomas l rue, Zn chary J. Rosc:nt hal all of the city of We ·ttiet d state of J each in dividua lly ~ th ere be more than one na med , i ts true and lawful attorney-in -tact to make , exe cute , seal. ar;knowfedge and del iver , for and on its behalf as surety and as its act and deed . any and all unoertakings , bonds , recogn izances and other surety obliga ti ons , in pursuance of these presents and sha ll be as bind ing upon the Co mpa ni es as d they have been duly signed by the pres ident and attested by the secretary of th e Companies in th eir own proper persons . IN WITNESS WHEREOF , this Power of Attorney has bee n subscribed by an authorized offi cer or official of the Compan ies and the corporate seals or the Compan ies have been affixed there to this I Ith day of o, ember , 2021 Liberty Mutual Insurance Company Th e Oh io Casualty Insu rance Company West American Insurance Company ~ • /) /~/-_f t13 2 Bv: ~ / [:_ ·.: u c 1 -=---c-,.,...,c---~<--------------1·s -' . ~ .__ • ---Davi d M Carey , Assistant Secretary g ~ ~ n:, State of PENNSYLVANIA ss ·-::::J ~ 5, County ot MONTGO MERY § E UQJ . . ~ .... ::::, On th is ~ day of I ovcmbe r . 202 1 before me personall y appea red David M. Carey , who acknowledged himself to be the Asslstant Secretary of Liberty Mutual Insurance ~ C1l ~ "iii Company , The Ohio Casualty Company , and West American Insurance Company , and that he, as such. being authoJized so to do . execute the forego ing instllJment for the purposes !€@ 2 _:: therein contained by signing on behalf of the corporations by himself as a duly authori zed officer ~ @ ~~ ~ -. -o IN WITNESS WHEREOF , I have hereun to su bscri bed my name and a~ed my notarial sea[ at King of Prussi a, Pennsylvan ia. on the day and year first above wri tten <( ;;! c -o-n:,~ ~o 0~ ~---~-----~ ---:r: _ Com""'"'"ea>lh or Penns,tvania -Notarv Seal >-- <Ii O TerosaPas1011a ora,yi><Jbll< A:---... d ~-iii _. (1) Moolgo<ne,y County (I/, ~ . . , fl +-I I ._ E 0 _. M, """'"''"'°" e)<l)•es Mardi 28. 1025 By : ~ ~ 0 QJ c: ro '-' eomrn-ssioo ,rumtier, !21iil44 ~---=----,,......,-,-----,=-,--c-------------1= ... ai.:: :6;;-'¼;,,~ ~ M•mbet p_.,,.,.00 • .,......,oonotNo,. ... , reresaPaste ll a, Notary Public <( o Olgj "IRY ~v 0~ m~ ~N .g' 2 Th is Powe r of Attorney Is made and execu ted pursuant to and by authority of th e fo ll owi ng By -laws and Authorizations of The Oh io Casualty Insurance Co mpany , Liberty Mutua l J <? E -~ Insurance Company , and West American Ins urance Company which reso luti ons are now In fu ll force and effect read ing as fol lows : tr._~ .._ 2 ARTIC LE IV -OFF ICERS : Section 12. Powe r of Atto rn ey . o 6 .£ ~ Any officer or oth er official of the Corpora tioo authori zed fo r tha t purpose In wnti ng by the Chairman or the Pres iden t. and subject to suc h li mita ti on as the Chai rman or the =a .,... ;g ~ President may prescri be . shall appoint such attorneys -in-fact , as may be necessary to act in behalf of the Corporation to ma e. execute . seal acknowledge and deliver as surety ~ ~ : ~ ~:eai/;:e~~~\~~s~be~:~~~=iz:;::i:;~~::/~~d\~::~~~~i !~;\~:~:::i~-!~~-:~~~~t~~!~ ::~:"~es:~:~ i;:~~;:~a~:\:;:r:oo~:!:J.' !~~~ ~ ~ z i3 instruments shall be as b nding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-I n-fact under the ~ gi provisions of this article may be revoked at any ti me by the Board , the Chairman , the President or by the officer or officers granting such power or authority . ~ ~ ART ICLE XIII -Execution of Contracts : Section 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the cha irman or the pres ident , and subject to such li mitations as the chairman or the president may prescribe , sha ll appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make . execute . seal , acknowledge and delive r as surety any and all undertakings . bonds . recogn izances and other surety obligations . Such attorneys -i n-fact subject lo the li mitations set forth fn their respec tiv'e powers of attorney shall have full powe r to bind the Company by the ir signature and execution of any such Instruments and to attach thereto the sea l of the Company . When so executed such instruments shall be as binding as if signed by the pres ident and attested by the secretary Certificate of Designation -The Pres ident of th e Company , acting pursuant to the Bylaws of the Company . authorizes David M. Carey , Assistant Secretary to appoint such anorneys-I n- fact as may be necessary to act on behalf of th e Company to make , execute . sea l, acknowledge and deliver as surety any and all undertak ings , bonds . recogn izances and other surety obligations . Authorization -By unanimous consent of the Company's Board of Directors . the Company consents tha t facsimile or mecha nically reproduced signature of any assistant secretary of the Company , wherever appea ri ng upon a certified cop y of any power of attorney iss ued by the Company In connection with surety bonds , shall be valid and binding upon the Company with the same force and effect as thoug h man uall y affixed . I, Renee C. UeweUyn , the undersigned , Assistant Secretary , Th e On10 Casualty Ins urance Company . Liberty Mutua l Insurance Company , and West Amertcan Insurance Company do nereby certify that the orig ina l power of attorney of wh ich the fo rego ing is a ful l. true and corr ect copy of the Power of Attorney executed by said Companfes , is in full fo rce and effect and has not been revoked . IN TEST IMONY WHEREOF , I have hereunto set my hand and affixed the seals ot said Companies this lilh day of Se pt ember , 2023 ~.~ By:~ R_e_n.c.e_e -c-. u-~-=-e-lly_n_. A-ss-i-sta_n_t-Se-Ci-,-e;m:y LMS-1287J LMIC OCtC WAIC Mulll Co 02121 Page 3950 of 5243 ~LibeMJ. \pl Mu tual S URETY Assets Cash and Bank Deposits ............... ·-·················· •Bonds -U.S Government ................................ . "Ot her Bonds .................................................... . •stocks ........................................ , ..................... . Real Estate ....................................................... . Agents ' Ba lances or Uncollected Premiums ...... . Accrued Interest and Rents .............................. . Other Admitted Assets ..................................... . $381,391,653 624,259,230 4,696,075,391 123,765,396 0 936,691,175 40,821,253 2,318,373,499 To t al Adm itted Assets................................. $9,121 ,377.5 97 THE OH IO CASUALTY INSURANCE COMPANY Financial Statement -December 31, 2022 Liabilities Unearned Premiums ............................................ $1,621,337,313 Reserve for Claims and Claims Expense ................. 4,472,582,937 Funds He ld Under Reinsurance Treaties ................ 0 Reserve for Dividends to Policyholders ................. 220,687 Additiona l Statutory Reserve ................................ 0 Reserve for Commissions, Taxes and Other Li abilities .............................................. 510,304,288 Total .......................................................... $6,604,445.225 Special Surplus Funds ................. $31 ,311,376 Capital Stock ............................. . 4,500,000 Paid in Surplus ........................... 738,183,897 Unassigned Surplus .................... 1,742,937,099 Surplu s to Policyholders ...................................... 2,51 6,93 2,372 Total Li ab iliti es and Surplus ................................. $9.121,317,5.91 * Bonds are stated at amortized or investment value; Stocks at Association Market Values . The foregoing financial i nformation is taken from The Oh io Casualty Insurance Company's financ ial statement filed with the state of Oh io Department of Insurance . l, TIM MIKOLAJEWSKI, Assistant Secretary of The Oh io Casualty Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabi lities of sa id Corporation , as of December 31 , 2022, to the best of my knowledge and be lief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March 2023 . Page 3951 of 5243 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense , carry and ma inta in insu rance coverage from respons ible compan ies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of th is sol icitation. The Contractor shall procure and maintain property insurance upon the entire project , if required , to the full insurable value of the scope of work . The County and the Contractor waive aga inst each other and the County's separate Contractors , Design Consultant , Subcontractors , agents and employees of each and all of them , all damages covered by p roperty 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 . Coll ier Co unty shall be respons ible for purchas ing and ma inta ining 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 Coll ier Countyn, or, the spec ific sol icitation number/contract number and title . The General Liability Policy provided by Contractor to meet the requ irements of this sol icitation shall name Collier County , Florida , as an additional insured as to t he opera ti ons of Contractor unde r this sol icitat ion and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Comm iss ioners , 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 Proj ect Number, or spec ific 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 ) fonns and endorsements or the ir equ ivalents . If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage , Contractor must identify on the Cert ificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial respons ibility for such obl igations . All self-insured retentions or deductibles will be Contractor's sole responsibility . Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, wh ichever 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 noth ing contained here in shall reli eve Co ntract or of t his requ irement to prov ide 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 ) requ ired here in, the County may terminate the Agreement or at its sole discretion shall be author ized to purchase such coverage(s) and charge the Contractor for such coverage (s) purchased . If Contractor fa ils to re imburse 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 C onstru ction Service s Ag reemen t: 12022_ver.4] CAO Page 3952 of 5243 Contractor under this Agreement or any other agreement between the County and Contractor . The County shall be under no obligation to purchase such insurance , nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents . If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work , the Contractor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate . Failure of the Contractor to provide the County with such renewa l certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: [2022_ve r.4} CAO Page 3953 of 5243 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me , the undersigned authority , personally appeared ___________________ who after being duly sworn, deposes and says : (1) In accordance with the Contract Documents and in consideration of $_________ to be received , ("Contractor") release s and waives for itself and it's subcontractors , material- men , successors and assigns , all cla im s demands, damages , costs and expenses, whether in contract or in tort , aga in st 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 conditioned upon payment of the consideration described above . It is not effective until said payment is received in paid funds. (2) Contractor cert ifie s for itself and its subcontractors , material-men, successors and ass ign s, 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 su its, actions , claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit Is given In connection with Contractor's [monthly/final] Application for Payment No. __ . Witness Witness STATE OF COUNTY OF CONTRACTOR BY : __________ _ ITS : ------------ DATE : President [Corporate Seal] The foregoing inst rument was acknowledged before me by means of D phys ical 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 (did not) take an oath . My Commission Exp ires : (AFFIX OFFICIAL SEAL ) (Signature of Notary Pub li c) NAME: ___________ _ (Leg1bly Printed) Notary Public , State of _________ _ Comm iss ioner No.: __________ _ 19 Construction Services Agreement: {2022_ver .4) CAO Page 3954 of 5243 EXHIBIT 0 FORM OF CONTRACT APPLICATlON FOR PAYMENT Collier Countv Board of County Commissioners (the OWNERJ or Collier Countv Water-Sewer Owner's Project Bid No . Manacier's Name : Proiect No. County's Division Name Purchase Order No . Subm itted by Contractor Application Date : Representative : Name Contractor's Name & Payment Application No . Address : Oriciina l Contract Time : Oriqinal Contract Price : $ Revised Contract Time: Total Chancie Orders to Date : $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date : Retainage @5% through $ Retainage @ 5% through [Insert $ [Insert Datel datel Retainage @ __ % $ Less Retainage $ after rlnsert datel Total Earned Less Retalnaae $ Less previous oavment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date : APPLICATION : Percent Contract Time % Completed to Date : Liquidated Damages to $ Rema ining 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 appl ied to discharge in full all obl ig ation s of CONTRACTOR incurred in connection with Work covered by prior Applfcations for Payment numbered 1 through __ inclus ive; (2) title to all materials and equ ipment incorporated in said Work or otherwise listed in or covered by this Applica tion for Payment will pass to OWNER at time of payment free and clear of all liens , claims , security in terests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been pa id for work which prev ious payments were issued and rece ived from the OWNER and that current payment is now due ; and (4 ) CONTRACTOR has only in cluded amounts in th is Appl icat ion for Payment properly due and owing and CONTRACTOR has not included w ithin the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work . Contracto r's Name Contractor's Signature : Date : I rrype Title : Sha ll be signed by an authorized reoresentative of the Contractor. oavment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended bv: besign Profess ional's Name : S ignature: Date : T oavment to the CONTRACTOR fo r the above AMOUNT DUE TH IS APPLICATION Is recommended bv: Owne r's Project Manager Name : Signature : Date : I 20 Construction Serv1ces Agreement: [2022_ver.4] CAO Page 3955 of 5243 EXHIBIT D (Co nUnued) Project Name : ITEM OESCRIPllON S08lU..ED NUMBER VALUE -. ,~-: ... ,___ -- TOTALS SCHEDULE OF VALUES Project Number: 01te : Period To : WORK COMPLETED STORED MATERIALS PREVIOUS APPLICATIONS THIS nRJOATE SIIIICE DATE PERICO ,w;.c-.~ 'II'> ,, ,. -...... TOTAL PERCBIT BALANCE 5% _% TOTAL COMPI...ETB: COMPLETE TORIIISH RETAINAGE RETAINAGE RETAINAC£ & STORED 1,1.duud,.-•I Wl'T11HaO TO DATE ,~:, . , __ ,. ... ·,'...;;,:--:•; ...-:.. .'I' ·--- • E•planation for 1he two columns under Previ ous AppllaUons: The Thru Dale Is where you will pl ace all Information unlll the contract Is compleie unless a ,elease or redualon of retain age i ssue comes Into play. If t h is happens, all Information up to the date of the% change In retainage Is placed In lhe Thru Date column . Information aher that date Is placed In the Since Date oolumn. Th i s states what has happened since the change In retalnage . 21 Construction Services Agreement: [2022_ver.4) CAO Page 3956 of 5243 Date Exhibit D (Continued) Description Supplier Stored Materials Record A B lnvolce Previously Received Number Received This Period Form ula· A + B -C -D = E C D E Balance Previously Installed To Installed This Period Install 22 Construction Services Agreement: (2022_ver.4 ) CAO Page 3957 of 5243 C~erCouttty ~ D Contract Modification EXH IBI T E: CHA N GE ORDER D Work Order Modincatlon Contract#: .._I ____ __,I Change #:._I ____ __.I Purchase Order #:._I _________ __. Contractor/F i rm N•me: Contrac t/Project: Procurement Services Change Order Form Project#: ... I ____ __, Project Manager Name :..__ _____________ _J Division Name :,__ ________________ __, Original ContracUWork Order Amount -------~ _______ O,tglnal sec Approwl Date ; Agenda Item # Current BCC Appro-.ed Amount Last sec Approwl Date : Agenda Item# Current Contract/Work Order Amount ________ SAP Contract Expiration Date (Master) Dollar Amount of this Change I #DIV/OJI Total Change from Original Amount Re\ised Contract/Work Order Total I S 0 .0011 #OIV/011 Change from Current BCC Appro-.ed Amount Cumulatl-.e Chanoes I S 0 .0011 #DIV/O JI Chanoe from Current Amount Completion Oate , Description of the Task(s) Change, and Rationale for the Change Notice to Proceed I f Original f I Lui Approved I I Revised Date Date ::· =====::;-Completion Date ------~-Date ,__ ----~ (lndudes this ct,ange) '-------' # of Days Added I I Select Tasks D Add new tnk(sJ D Delete task(s) 0 Change task(s) 0 Other Provide a response to the following : 1.) detailed and specific exp lanatlon/ratlonale of the requested change(sJ to the tnk(s} and I or the addltlonal days added (If requested); 2.) why this change was not Incl uded In the original contract; and, 3.) describe the Impact If this change i s not processed , Attach additional lnrormation rrom lhe Design Profess iona l and/or Contractor if needed. Prepared by ; _______________________________ _ Date : ______ _ (Project Manager Name and Divis ion) Acceptance of th is Change Order shall constitute a modification to contract I work order identified above and will be subject lo all the same terms and conditions as conta ried in lhe COl'ltract / work order in dicated above , as rully as if the same we re stated In th is acceptance . The adjus1menl , if any , lo the Conlnlct shall constitu1e a lu~ and final settlement or any and all claims of lhe Contractor I Vendor I Consultant I Design Proressicnal aris ing out of or related to the change seI rorth here in, Includ in g claims for lmpaci and delay costs. Accepted by; ------------------------=--,c--,----,,---,.,.. Date : ______ _ (Contracior I Vendor I Consultant I DesiQn Proress iooa l and Name of Firm, if project app licsble ) Accepted by : ----.--,..--.,--,----.--.,...,--:-=--e:---,---:-:---:--:--,----------- (Des ign Prolesslonal and Name of Firm , if project applicable ) Approved by : _______________________________ _ (Division Directo r or Designee) Approved by: ____ ....,. __ .,........,.. ____________________ _ (Procurement Profess ional) Date : ______ _ Date · ______ _ Date : ______ _ 23 Construction Services Agreement: [2022_ver .. 4] CAO Page 3958 of 5243 CO # AMO# Description Change Order/Amendment Summart: COST TIME Add itive Deductive Days I+) f-1 Added New Justification Amount ~UIIUCHTUJfOt 24 Construction Services Agreemen t: (2022_ver.4J Page 3959 of 5243 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER 'S Project No . _____ _ Des ign Profess ional '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 th e 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 In spected by authorized repr esentatives of OWNER , CONTRACTOR AND DESIGN PROFESSIONAL , and that Work is hereby declared to be substantially complete in accordance w ith 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-inclu sive, 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 th e tentative list shall be completed or corrected by CONTRACTOR within ____ days of the above date of Substantial Co mpletion . The responsibilities between OWNER and CONTRACTOR for security, operation, safety , maintenance, heat. utilities , insurance and warrant ies shall be as follows: RESPONS IBILITIES : 25 Cons!l'\Jclion Services Agreement [2022_ver .4) Page 3960 of 5243 OVVNER: 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 i s it a release of CONTRACTOR 'S obligation to complete the Work in accordance with the Contract Documents . Executed by Design Professional on ___________ ,20 __ Des ign Profess ional By ; ______________ _ Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on __________ , 20 __ CONTRACTOR By : Type Name and Title OVVNER accepts this Certificate of Substantial Completion on ----------" 20 __ OWNER By : Type Name and Title 26 Construction Services Agreement : [2022_ver.4J CAO Page 3961 of 5243 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: ______ Project No.: ____ PO No .: ___________ Date : ___ _ Contractor :~----:---~----~-~--------------------The following it ems 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 . Or igin al Contract Amount:________ Fin al Contract Amount: _____ _ Commencement Date : Substantial Completion Time as set forth in the Agreement _____ Calendar Days . Actual Date of Substantial Completion : ___ _ Final Completion Time as set forth in the Agreement: _____ Calendar Days . Actual Final Completion Date : ___ _ YES NO 1. All Punch List items completed on ____________ _ 2. Warranties and Guarantees assigned to Owner (a ttac h 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 subm itted (list manuals in attachment to this form). 5. As-Built drawings obta in ed and dated : ___ _ 6. Owner personnel trained on system and equipment operation . 7. Certificate of Occupancy No .: _____________ _ issued on _____________ (attach to th is form). 8. Certificate of Substantial Completi on issued on _______ _ 9. Final Payment Application and Affidav its received from Contractor on : 10. Consent of Surety rece ived on _____________ _ 11 . Operating Department personnel notified Project is in operating phase . 12 . All Spare Parts or Special Tools prov ided to Owner : ______ _ 13 . Fin ished Floor Elevation Certificate provided to Owner : _____ _ 14. Other : If any of the above is not applicable , in dicate 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) 27 Construction Servlces Agreement: {2022_ver.4] CAO Page 3962 of 5243 EX HIBIT 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 resu lt shall be supplied whether or not specifically called for. When words wh ich have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interp reted 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 sp ecification , 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 sha ll report same to the Project Manager in writing and before proceeding with the Work affected thereby sha ll 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 Desig n Professional o r some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and sha ll not be interpreted as establishing divisions for the Work, trades , subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings , specifications or other Contract Document provisions , Contractor sha ll be required to comply with the provision which is the more restrictive or stringent requ irement 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 , w hether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below , Contractor shall have the sole responsibility of satisfying itself concerning the natu re 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; livin g faci lities ; 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 responsibilities to perform under the Contract Documents , nor shall it be considered the basis for any claim for additional time or compensation . 28 Construction Services Agreement: (2022_ver.4] Page 3963 of 5243 2.2 Contractor shall locate all existing roadways , railways , drainage facilities and utility services above , upon, or under the Project site , said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption . Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2 .3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature , which differ materially from those ordinarily found to exist and generally recognized as inherent in construcUon activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents , then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such ,conditions. Owner and Design Professional shall promptly investigate such conditions and , if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance , or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance , the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3 .1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award , shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3 .2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to 1he Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified , work will generally be 29 Construction Services Agreement: (2022_\ler.4) Page 3964 of 5243 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval , a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4 .2 Prior to submitt ing 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 in volved 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. Notw ith standing anything herein to the contrary, If approved by Owner in its sole discretion , Contractor may submit it s 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 su itably 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 subm it 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 inc lude the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S ., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment ; (2) in dicate 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 i ndicating , 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 admin istrat ive procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4. 5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall , within ten (10) business days after the Application for Payment is 30 Construction Services Agreement: {2022_ver.4] Page 3965 of 5243 stamped and received and after Project Manager approval of an Application for Payment , pay the Contractor the amounts so approved . 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255 .078 , Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255.078 , Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078 , Florida Statutes , shall be at the sole discretion of the Owner. Such retainage shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. Any interest earned on retainage shall accrue to the benefit of the Owner. 4. 7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work . 4.8 Each Application for Payment, subsequent to the first pay application , shall be accompanied by a Release and Affidav it, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials , labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion , Contractor shall also subm it a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month 's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4 .9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular i ntervals 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 Schedu le, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.1 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 resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4 .11 Payments will be made for services furnished , delivered , and accepted , upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the t imely 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 solic itation 31 Construction Services Agreement: [2022_ver.4] Page 3966 of 5243 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment , or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor , to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied ; (b) third party claims filed or reasonable evidence indicating probable filing of such claims ; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount ; (e) reasonable indication that the Work will not be completed within the Contract Time ; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1 . are not remedied or removed , Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency , Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense . Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including , but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts , the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 5.4 If a subcontractor is a related entity to the Contractor , then the Contractor shall not mark-up the subcontractor's fees . A related entity shall be defined as any Parent or Subsidiary of the Company and any business , corporation , partnership , limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly . 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735 , F.S . and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court 's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20 .1 herein , provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C , as well as , a duly executed copy of the Surety 's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist , a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project , except 32 Construction Services Agreement: [2022_ver.4] Page 3967 of 5243 those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection . 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings , data , test results , schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the del ivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type , function and quality required . Unless the name is followed by words indicating that no substitution is permitted , materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor , unless otherwise mutually agreed in writing by Owner and Contractor. 7 .3 If Contractor wishes to furnish or use a substitute item of material or equipment , Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design , be similar and of equal substance to that specified and be suited to the same use as that spec ified. 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 subst itute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance , repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute , including costs for redesign and claims of other contractors affected by the resulting change , all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means , method , technique , seq uence 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. 33 Construction Services Agreement: [2 022 _ ver.4] Page 3968 of 5243 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be , to consult with the Design Professional. No substitute will be ordered , installed or utilized without the Project Manager's prior written acceptance which shall be ev idenced 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 spec ial performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby . Whether or not the Owner accepts a proposed substitute , Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional 's consultants for evaluating each proposed substitute . 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILT$ AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all act ivi ties of Contractor at the Project site including, but not limited to, the following : 8.1.1 Weather conditions showing the high and low temperatures during work hours , the amount of precipitation received on the Project site , and any other weather conditions which adversely affect the Work; 8.1 .2 Soil conditions which adversely affect the Work ; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel ; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site , by subcontract and trade ; 8.1.5 All equipment present at the Project site , description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 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 , specificat ions , addenda , amendments , Change Orders , Work Directive Changes and Field Orders , as well as all written interpretations and clarifications issued by the Design Professional , in good order and annotated to show all changes 34 Construction Services Agreement: (20 22_ver.4J Page 3969 of 5243 made during construction . The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions , changes resulting from Change Orders , Work Directive Changes and Field Orders , and all concealed and buried installations of piping , conduit and utility services. All buried and concealed items, both inside and outside the Project site , shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g . interior or exterior wall faces). The annotated drawings shall be clean and all changes , corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be avai lable to the Project Manager or Design Professional for reference. Upon completion of the Work and as a cond it ion precedent to Contractor's entitlement to final payment , these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation , which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law , whichever is later , pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701 (2)(a)-(b) as follows : IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: 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 reasonab le time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency . 4 . Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service . If the Contractor transfers all public records to the public agency upon completion of the contract , the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . If the Contractor keeps and maintains public records upon completion of the contract , the Contractor shall meet all applicable requirements for retaining public records . All records stored electronically must be provided to the public 35 Construction Services Agreement: [2022_ver.4] Page 3970 of 5243 agency, upon request from the public agency 's custodian of public records , in a format that is compatible with the information technology systems of the public agency. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men , as well as coordinating its Work with all work of others at the Project Site , so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means , methods, techniques , sequences , and procedures , as well as coordination of all portions of the Work under the Contract Documents , and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein . 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor , and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy , acts of government, fires , floods , epidemics , quarantine regulation , strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay , stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension . 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible , in whole or in part , shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy , if any , against Owner will be the right to seek an extension to the Contract Time ; provided , however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision . This paragraph shall expressly apply to claims for early completion , as well as to claims based on late completion . 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any t ime during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change , Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property , or as expressly set forth herein , no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally . Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approva l for any changes will be deemed : (i) a waiver of any cla im by Contractor for such items and (ii) an admiss ion by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 36 Construction Services Agreement: [2022_ver.4] Page 3971 of 5243 10 .2 A Change Order, in the form attached as Exhibit E to this Agreement , shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10 .3 If Owner and Contractor are unable to agree on a Change Order for the requested change , Contractor shall, nevertheless , promptly perform the change as directed by Owner in a written Work Directive . In that event , the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination , Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had . 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors ' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted , with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup . 10 .5 Owner, or any duly authorized agents or representatives of the County , shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application , Change Order or Work Directive Change . 10 .6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 1 O. 7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized . 11. CLAIMS ANO DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents , payment of money, extension of time or other relief with respect to the terms of the Contract Documents . The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents . The respons i bility to substantiate a Claim shall rest with the party making the Claim . 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim . Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 37 Construction Services Agreement: [2022_ver.4] Page 3972 of 5243 the event , unless the Owner grants additional time in writing , or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11 .3 The Contractor shall proceed diligently w ith 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. OTH ER WOR K. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces , have other work performed by uti lity 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 th e reof 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 fa ils to send the above required forty-e ight (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 ut ility owner and other contractor who is a party to such a d irect 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 coord inate it s 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 prope rly and integrate with such other work . Contractor shall not endanger any work of others by cuttin g, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said d irect contracts between Owner and such util ity owners and other contractors. 12 .3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays , defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results . Contractor's fa ilure to report will constitute an acceptance of the other work as fit and proper for integration w ith Contractor's Work. 13 . INDE MNI FI CAT ION A ND IN SURA NCE. 13.1 To the maximum extent permitted by Florida law, the Contractor shall defend , indemn ify 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 negl igence , recklessness , or in tent ionally 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 in demnify , and the duty to defend ex ists 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 38 Construction Seivices Agreement: (2022_ver.4) Page 3973 of 5243 any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement unt il it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations . 13 .3 Contractor shall obtain and carry , at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms , conditions , requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14 .1 Contractor agrees to comply , at its own expense , with all federal , state and local laws , codes , statutes , ordinances , rules , regulations and requirements applicable to the Project , including but not limited to those dealing with taxation, worker's compensation , equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith , it shall promptly notify Project Manager in writing. To the extent any law, rule , regulation , code , statute , or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable , such terms shall be deemed in cluded in this Agreement. Notwithstanding anything in the Contract Documents to the contrary , it is understood and agreed that in the event of a change in any applicable laws , ordinances , rules or regulations subsequent to the date this Agre ement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement , the Contractor is formally acknowledging without exception or stipu lation 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 partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States ; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (1TB) and Request for Proposals (RFP) including profess ion al services and construction services. Contractors I Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment , at the time of the submission of the Contractor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 39 Construction Services Agreement: [2022_ver.4) Page 3974 of 5243 If the Bidder/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program'' clause above . For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website : http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program . Contractor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324 , etfillll.,_ and regulations relating thereto , as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15 .1 Contractor agrees to keep the Project site clean at all times of debris , rubbish and waste materials arising out of the Work. At the completion of the Work , Contractor shall remove all debris, rubbish and waste materials from and about the Project site , as well as all tools , appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15 .2 Any existing surface or subsurface improvements, including , but not limited to, pavements , curbs , sidewalks, pipes , utilities, footings, structures , trees and shrubbery , not indicated in the Contract Documents to be removed or altered , shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above , any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16 .1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement , or any part herein , without the Owner's consent , shall be void. If Contractor does , with approval , assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80 , F.S ., Owner will pay for all Collier County permits and fees , including license fees , permit fees , impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County , but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 40 Construction Services Agreement: [2022_ver.4] CAO Page 3975 of 5243 17 .2 All permits , fees and licenses necessary for the prosecut ion of the Work wh ic h are not issued by Collier County shall be acquired and paid for by the Contractor. 17 .3 Contractor shall pay all sales , consumer, use and other similar taxes associated w ith the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement , in whole or in part, as further set forth in this Section , if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein ; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule ; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsu it able ; or (4) d iscontinues the prosecut ion of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so ; or (6) becomes insolvent or is declared bankrupt , or commits any act of bankruptcy ; or (7) allows any final judgment to stand aga inst it unsatisfied for more than ten (1 0) days ; or (8) makes an ass ignment for the benefit of creditors ; or (9) fails to obey any applicable codes, laws, ord inances , rules or regulations with respect to the Work ; or (10) materially breaches any other provision of the Contract Documents . 18 .2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion , then Owner, at its option , without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law , may terminate Contractor's right to proceed under the Agreement, in whole or in part , and take possession of all or any port ion of the Work and any materials , tools, equipment , and appl iances 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 discret ion , 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 , in cluding all management , administrative and other overhead and other direct and indirect expenses (including Design Profess ional 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 the max imum legal rate of in terest until pa id. 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 term in ation of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums pa id, expenses and losses in curred damages susta in ed , and obligations assumed by Owner in good faith under the bel ief that such payments or assumptions were necessary or required , in completing the Work and providing labor, materials , equipment , supplies , and other items therefore 41 Construction Services Agreement: [2022_ver.4] CAO Page 3976 of 5243 or re-letting the Work , and in settlement , discharge or compromise of any claims , demands, suits , and j udgments perta ining to or aris ing out of the Work hereunder. 18 .5 If, after notice of termination of Contractor's right to proceed pursuant to this Section , it is determined for any reason that Contractor was not in default , or that its default was excusable , or that Owner is not ent itled to the remedies against Contracto r provided herein , then the term i nation will be deemed a terminat ion for conven ience and Contractor's remed ies aga inst 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 pers iste ntly fails to fulfill some material obl igation 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 term i nate th is Agreement by giv ing written not ice 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 , term inate the Agreement and recover from the Owner payment for Work performed through the term inat ion date , but in no event shall Contractor be ent itled 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 th is Agreement w ithout 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 term inat ion , together w ith any reta inage w ithheld and reasonable term ination expenses incurred , but Contractor shall not be entitled to any othe r or further recovery against Owner, including , but not limited to , damages or any anticipated profit on portions of the Work not performed . 19 .2 Owne r shall have the right to suspend all or any port ions of the Work upon giv ing 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 ent itled to any add itional compensat ion 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 not ify Proj ect Manager i n writ ing tha t the entire Work (or such designated portion) ls substantially complete . Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determ ine the status of completion . If Owner , after conferring with the Design Professional , does 42 Construction Servi ce s Agreement : [2022 _ver.4] CAO Page 3977 of 5243 not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore . If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete , Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment . Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion , but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets , including materials , supplies , and equipment. 20 .2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance , Project Manager and Design Professional will make such inspection and , if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment , recommending that , on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents , that the entire balance found to be due Contractor is due and payable . Neither the final payment nor the retainage shall become due and payable until Contractor submits : (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts , releases and waivers of liens , arising out of the Contract Documents , to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability , even though the Design Professional may have issued its recommendations . Unless and until the Owner is completely satisfied , neither the final payment nor the reta inage 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 materia l men supplying materials, equipment or fixtures to be in corporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified , and that all Work shall be of good quality , free from all defects and in conformance with the Contract Documents . Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be appl ie d, installed , connected , erected , used , cleaned and conditioned in accordance with the instructions of the applicable manufacturers , fabricators , suppl iers or processors except as otherwise provided for in the Contract Documents . If, within one (1) year after Substantial Completion , any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further , in the event of an emergency , Owner may commence to correct any defective Work , without prior notice to Contractor, at Contractor's 43 Construction Services Agreement: l2022_ver.4] CAO Page 3978 of 5243 expense . These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21 .2 No later than 30 days prior to expiration of the warranty , the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Fa il ure of the Contractor to correct the c ited 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 IN SPECTIONS. 22 .1 Owner, Design Professional , their respective representatives , agents and employees , and governmental agencies w ith j ur isdict ion 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 read iness of the Work for all required inspections , tests or approvals. 22 .2 If the Contract Documents or any codes , laws , ordinances , rules or regulations of any public authority having jurisd ict ion 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 organ izations acceptable to the Project Manager. 22 .3 Contractor is respons ible , w ithout re imbursement 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 w ith 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 obligat ions to perform the Work in accordance with the Contract Documents . 23. DEFECT IVE WORK. 23 .1 Work not conforming to the requ irements of the Contract Docume nts or any warrant ies made or assigned by Contractor to Owner shall be deemed defective Work . If required by Project Manager, 44 Co nstructio n Services Ag reement : [202 2_ver.41 CAO Page 3979 of 5243 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 w ith non-defective Work . Contractor shall bear all direct , indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers , arch itects , attorneys and other professionals ) made necessary thereby , and shall hold Owner harmless for same . 23.2 If the Project Manager cons iders it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise requ ired to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make ava ilable for observation , inspection or tests as Project Manager may require , that portion of the Work in question , furnish ing all necessary labor, material and equ ipment. 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 , arch itects , attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time , directly attributable to such uncovering , exposure , observation , inspection , testing and reconstruction . 23.3 If any portion of the Work is defective , or if Contractor fails to supply sufficient skilled workers , suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents , Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised , if at all, solely for Owner's benefit and nothing herein shall be construed as obl igating the Project Manager to exerc ise this right for the benefit of Design Eng ineer, Contractor, or any other person. 23.4 Should the Owner determ ine , at its sole op inion , it is in the Owner's best interest to accept defective Work , the Owner may do so. Contractor shall bear all direct , ind irect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work . If such determ ination is rendered prior to final payment , a Change Order shall be executed ev idencing 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 defect ive 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 remed ial act ion , Owner may exclude Contractor from any or all of the Project site , take possession of all or any part of the Work , and suspend Contractor's services related thereto, take possession of Contractor's tools , appliances , construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner , Design Professional and their respective representatives, agents , and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 45 Constructi on Serv ices Agreemen t: [20 22_ ver.4] CAO Page 3980 of 5243 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 Am ount. Such direct , indirect and consequential costs shall include , but not be limited to, fees and charges of engineers, architects, attorneys and other professionals , all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction , removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule , monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent , who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances . The superinten dent 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 Pro ject. 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 liquid ated damages , separate from the liquidated damages described in Sect ion 5.8 , for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work , or other work or materials of Owner or Owner's separate contractors , Contractor shall be charged with the same , and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors , agents or anyone for whom Contractor is legally liable , disturbs the Owner or Design Professional's benchmarks , Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 46 Construction Services Agreement: [2022_ver.4] CAO Page 3981 of 5243 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, w it hout 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 sign ificant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above , the Contractor shall be deemed to have wa ived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment , the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements , and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area , or to the owner or occupant thereof, or any land or areas contiguous thereto , resulting from the performance of the Work. 28. SAFETY. 28 .1 Contractor shall be responsible for initiating , maintaining and supervising all safety precautions and programs in connection with the Work . Contractor shall take all necessary precautions for the safety of , and shall provide the necessary protection to prevent damage , injury or loss to : 28 .1 .1 All employees on or about the project site and other persons and /or organizations who may be affected thereby ; 28 .1.2 All the Work and materials and equ ipment 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 improv ements not des ignated for removal , relocation or replacement in the Contract Documents . 28 .2 Contractor shall comply with all applicable codes , laws , ordinances , rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage , injury or loss . Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them , and shall cooperate with them in the protection, removal, relocation or replacement of their property . 47 Constructi on Services Agreement: [2022_ver.4] CAO Page 3982 of 5243 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 w ithout Owher'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 writ ing ; 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 ; 48 Construction Servi ce s Agreement: [2022_ver.4] CAO Page 3983 of 5243 28.5.8 The Employees may not solicit , distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times , Contractor shall adhere to Owner's safety and security regulations , and shall comply with all security requirements at Owner's facilities , as said regulations and requirements may be modified or changed by Owner from time to time . 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals , and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated oh their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way , the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation 's Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807 , incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division , and is available on-line at colliergov .net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD , 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") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page . If MOT is required , MOT is to be provided within ten (10) days of receipt of Notice of Award . 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32 .1 Contractor shall pay all sales, consumer , use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally , as directed by Owner and at no additional cost to Owner , Contractor shall comply with and fully implement the sales tax savings program with respect to the Work , as set forth in section 32.2 below : 49 Construction Services Agreement: [2022_ver.4] CAO Page 3984 of 5243 32 .2 Notwithstand ing anything herein to the contrary , because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor , for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate w ith Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount w ill 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 , un less otherw ise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall rema in respons ible for coord inating , ordering , inspecting , accepting delivery , storing , handling , installing , warranting and quality control for all Direct Purchases . Notwithstanding anyth ing herein to the contrary , Contractor expressly acknowledges and agrees that all Direct Purchases shall be incl uded with in and covered by Contracto r's wa rr anty 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 cla im aga inst 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 des ires to divide the sequence of construction activit ies . Contractor w ill determine the breakdown and compos ition 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 subm itt ing its first Appl ication for Payment. Contractor shall take into cons ideration such factors as natural and practical lines of severab ility , sequencing effectiveness , access and availability constraints , total time for completion , construction market conditions , availabil ity of labor and materials , commun ity relations and any other factors pert inent to sav ing t ime and costs. 33 .2 A Subcontractor is any person or entity who is performing , furnishing, supplying or providing any port ion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders , Work Directive Changes , Field Orders and Requests for Proposal , with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness , acting in Owne r's best interest , prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on th is Project must be "qualified " as defined In Collier County Ordinance 2013 -69 , meaning a person or entity that has the capabil ity in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and rel iability to assu re good fa ith 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, i ncluding their addresses , licens ing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and pr ior to the Subcontractor commencing any work on the Project. 50 Constru cti on Serv ice s Agreeme nt: [2022_ver.4 ] CAO Page 3985 of 5243 The lis1 identifying each Subcontractor cannot be modified , changed , or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work . Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work . 33 .4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work , as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further , unless expressly waived in writing by Owner, all subcontracts and purchase orders shall ( 1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to Its sub- subcontractors. 33 .5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e .g., general concrete forming and placement, masonry, mechanical , plumbing , electrical and roofing) included in its subcontract or purchase order. In addition , the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (Including field superintendent , foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work . 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide : 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, inc luding 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 51 Construction Services Agreement: [2022_ver.4] CAO Page 3986 of 5243 price , damages , losses or additional compensation . Further, Contractor shall require all Subcontractors to similarly incorporate the terms of th is Sect ion 33 .6 into their sub-subcontracts and purchase orders . 33 .6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in wh ich Contractor must subm it such cla ims to Ow ner , and that fa ilure to comply w ith such conditions for giving notice and subm itt ing claims shall result in the waiver of such claims . 34 . CONSTRUCTION SERVICES. 34 .1 Contractor shall maintain at the Project site , orig inals or copies of, on a current bas is, all Project files and records , including , but not limited to, the following admin istrative 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 Co ntract 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 Cert ificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Des ign Handbooks "As-Built " Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Li sts PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be ava ilable at all times to Owner and Des ign Professional or their designees for reference , review or copying . 52 Constructio n Service s Agreement: (2022_ver.4 ) CAO Page 3987 of 5243 34.2 Contractor Presentations At the discretion of the County , the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners , "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include , but not be lim lted to , the following information : Original contract amount , project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued . 35. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required , Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Divis ion for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal , state and local law enforcement records , including a state and FBI fingerprint check , credit reports , education , residence and employment verifications and other related records . Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years . All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid , as discussed below . All technicians shall have on their shirts the name of the contractor's business . The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl .g ov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations . This will be coordinated upon award of the contract. If there are additional fees for this process , the Contractor is responsible for all costs. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County , Florida , which courts have sole and exclusive jurisdiction on all such matters . 37. VALUE ENGINEERING . All projects with an estimated cost of $1 O million or more shall be reviewed for consideration of a Value Engineering (V E) study conducted during project development. A "project " shall be defined as the collective contracts , which may include but not be limited to : design , construction , and construction, engineering and inspection (CEI) services . Additionally , any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 53 Constructlon Services Agreement: [2022_ver.4) CAO Page 3988 of 5243 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations : specifically 110 & 30/30A; FDEP chapter 62 regulations : specifically 761, 762 , 777, and 780 ; 376 & 403 Florida Statutes ; and STI , UL , PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal , or maintenance of any storage tank , including day tanks for generators , storing I will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat , clean , well-groomed and courteous. Subject to the Americans with Disabilities Act , Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless , incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida .. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owne r's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediat ion under Section 44 .102, Fla . Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County , Florida , which courts have sole and exclusive jurisdiction on all such matters. 54 Construction Services Agreement: [2022_ver.4 ] CAO Page 3989 of 5243 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ~ Attached hereto, following this page Exhibit I.A: Supplemental Terms and Conditions Exhibit 1.8: Supplemental Federal Contract Provisions and Assurances D Not Applicable 55 Construction Services Agreement: [2022_ver.4] CAO Page 3990 of 5243 EXHIBIT LA : SUPPLEMENTAL TERMS AND CONDITIONS The parties (Collier County and Contractor) agree to amend the Agreement within no later than ninety (90) days of the effective date to comply with legislative changes to Fla . Stat., §218 .735 , Timely payment for purchases of construction services , Fla. Stat., § 255 .074, Procedures for calculation of payment due dates , Fla . Stat., §255 .077 , Project closeout and payment of retainage , and Fla . Stat., §255.078 , Public construction retainage , (with an effective date of July 1, 2023). Pagelofl CAO Page 3991 of 5243 EXHTBITI.B SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES DEPARTMENT OF FEDERAL AVIATION ADMINISTRATION CFDA 21.106 The supplemental cond itions contained in this section are intended to cooperate with , to supplement. and to modify the general condit ions and other specifications . In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern . The services performed by the awarded Contractor shall be in compliance with ail 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 th is project. In general , The term "contractor" is understood to mean a contractor , subcontractor , or consultant : and means one who part icipates , 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-ag reement}; 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provis ions by reference for work done under any purchase orders, rental agreements and other agreements for supp li es or services ; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider Page 1 of 51 CAO Page 3992 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Admin istration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of th e Contractor which are directly pertinent to the specific contract for the purpose of making audit , examination , excerpts and transcriptions . The Contractor agrees to maintain all books , records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 1. AFFIRMATIVE ACTION REQUIREMENT NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. The Offerer's or Bidder's attent ion is called to the dEqual Opportunity Clause " and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein . 2. The goals and timetables for minority and female participation , expressed In percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows ; Timetables Goals for minority part icipation for each trade : 17 .9% Goals for female participation in each trade: 6 .9% These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construct ion work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved con struction . The Contractor's compliance with the Executive Order and the regulations In 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportun ity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals . The hours of minority and female employment and training must be substantially uniform throughout the length of the contract , and in each trade, and the Contractor shall make a good faith effort to em ploy minorities and women evenly on each of its projects . The transfer of minority or female employees or trainees from Contractor lo Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract , the Executive Order and the regulations in 41 CFR Part 60-4 . Compliance w ith the goals will be measured against the tota l work hours performed . 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10 ,000 at any tier for construction work under the contract resulting from this solicitation . The notification shall list the name , address, and telephone number of the subcontractor ; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract ; 1nd the geograph ical area in which the subcontract is to be performed. Page 2 of 51 Page 3993 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4 . As used in this notice and in the contract resulting from this solicitation, the "cove red area" is Florida, Collier, Marco Island . 2. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or Consultant or its subcont ractors 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 prov ide 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 term inate 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 te r mination of the contract if the Contra ctor or Consultant fails lo 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 ava ilable there under are in addition to , and not a limitation of, any duties , obliga ti ons , rights and remed ies otherwise imposed or available by law . 3. BUY AMERICAN PREFERENCE (AND CERTIFICATION) The Contractor certifies that its bid/offer is in compliance with 49 USC§ 50101, BABA and other related Made in America Laws , 1 U.S. statutes , guidance , and FAA policies , which provide that Federal funds may not be obligated unless all iron , steel and manufactured goods used in AIP funded proj ects are produced in the United States , unless the Federal Aviation Administration has issued a waiver for the product ; the product is li sted as an Excepted Artic le , 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 offerer must complete and submit the certification of compliance with FAA's Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA's Buy American Preference and BABA. The bidder or offeror certifies that all constructions materials , defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product ; cement and cementitious materials ; aggregates such as stone , sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer- based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cab les); glass (i ncluding optic glass); lumber; or drywall used in the project are manufactured in the U.S. 4. CIVIL RIGHTS -GENERAL The General Civi l Rights Provis ions found in 49 USC§ 47123 , derived from the Airport and Airway Improvement Act of 1982 , Section 520 , app ly 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 pert inent statutes , Executive Orders , and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall , on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual Page 3 of 51 CAO Page 3994 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance . This prov ision is in addition to that required by Title VI of the Civil Rights Act of 1964. Specific Clause that is used for General Contract Agreements The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. Specific Clause that Is used for Lease Agreements or Transfer Agreements If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor. The above prov isi on 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. S. CIVIL RIGHTS -TITLE VI ASSURANCE TiUe VI Solicitation Notice The COUNTY,), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252 , 42 USC §§ 2000d to 2000d-4) and the Regulations , hereby notifies all bidders or offerers that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select bus inesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fa ir 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 id ent ity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its ass ign ees, 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 Acquis ition 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 (prohibi ts discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); Page 4 of 51 C 0 Page 3995 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVIS IONS 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 Res toration Act of 1987 (PL 100-259) (broadened the scope , coverage and applicab ility of Title VI of the Civil Rights Ac t 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 inc lude 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 Disabil ities Act of 1990 (42 USC§ 12101 , et seq) (prohibit discrim ination on the basis of disability in the operation of public entities , public and private transportation systems, places of pub li c accommodation, and certain test ing entit ies) as implemented by U.S. Department of Transportation regulat ions at 49 CFR parts 37 and 38 ; • The Federal Aviat ion Administration 's Nond iscriminat ion statute (49 USC § 47123) (prohibits discrimination on the basis of race, color , nat ional orig in, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrim ination aga inst minority populations by d,iscouraging programs , policies , and activities with disproportionately high and adverse human health or environmenta l effects on minority and low-income populations); • Executive Order 13166 , Improving Access to Services for Persons w ith Limited Engl ish Pro fi ciency , and result ing agency guidance , national origin discrimination includes disc rimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must • take reasonable steps to ensure that LEP persons have meaningful access to you r prog rams [70 Fed . Reg. 74087 (2005)]; • • Title IX of the Education Amendments of 1972, as amended , wh ich prohibits you from discriminating because of sex in education prog rams or act ivities (20 USC § 1681 , et seq). Compliance with Nondiscrimination Requirements During the performance of th is contract, the Contractor, for itself, its assignees , and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows : 1. Compl iance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nond iscri mi nation Acts and Autho rities , as they may be amended from time to time , wh ich are herein incorporated by reference and made a part of this cont ract. Page S of 51 CAO Page 3996 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 2. Nondiscrimination: The Con tractor , 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 ident ity), age , or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. T he 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. Solicitatlons fo r Subcontracts , including Procurements of Materials and Equipment: In all solicitations , either by competitive bidding or negotiat ion made by the Contractor fo r work lo be performed under a subcontract, including procurements of materials, or leases of equ ipment , each potential subcontractor or supplier w ill be notified by the Contractor of the contractor's obligations under this contract and the Nond iscriminat ion Acts and Authorit ies on the grounds of race, color, or national orig in. 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 Nondisc ri mination Acts and Authorities and instructions . Where any information required of a contractor is in the exclusive possess ion of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Adm inistration , 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 w ith the non- discrimination provisions of this contract , the Sponsor wil l impose such contract sanctions as it or the Federal Aviat ion Adm inistration may determine to be appropriate, including , but not llmited to: a. Withholding payments to the Contractor under the contract unt il the Contractor complies ; and/or b. Cancell ing, term inating, or suspending a contract , in whole or in part. 6. Incorporation of Provis ions : The Contracto r 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 wi ll take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administrat ion may direct as a means of enforc ing such provisions including sanctions for noncompliance . Provided , that if the Contractor becomes invo lved 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 Sponso r. In addit ion , the Contractor may request the United States to enter into the litigation to protect the interests of the United States . Page 6 of 51 Page 3997 of 5243 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 involvi ng the provision of similar serv ices or benefits , the (grantee, licensee , lessee, permittee , etc .) will ma intain and operate such facil ities 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 nationa l origin, will be excluded from participation in, den ied 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 Nondiscr i mination 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, perm it, 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) w ill have the right to enter or re-enter the lands and facilities thereon , and the above-described lands and facilities will there upon revert to and vest in and become the absolute property of the (FAA) and its assigns .* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Tit!e V I.) CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds , li censes, perm its , or simi lar instruments/agreements entered into by (FAA) pursuant to the provisions of the Airport Improvement Program grant assurances . a. The (grantee , licensee, permittee, etc., as appropr iate) 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 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 otherw ise subjected to discrimina tion in the use of said facilities , (2) that in the construction of any Improvements on, over , or under such land , and the furn ishing of services thereon , no person on the ground of race , color , or national origin , will be excluded from partic ipation in , denied the benefits of, or otherw ise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination Acts and Authorities . Page 7 of 51 p..O Page 3998 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES b. With respect to (licenses, leases, permits , etc.), in the event of breach of any of the above Non-discrimination covenants , (FAA) will have the right to terminate the (license, permit , etc., as appropriate) and to enter or re -en ter 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) wifl there upon revert to and vest in and become the absolute property of (FAA) and its assigns .* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 7. CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regu lations issued pursuant to the Clean Air Act (42 U.S .C , § 740-7671q) and the Federa l Water Pollution Control Act as amended (33 U.S.C . § 1251-1387). The Contractor agrees to report any violation to the County immediately upon discovery . The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. 8, CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENT 1. Overtime Requirements . No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, Including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation ; Liability for Unpaid Wages; Liquid ated 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 unpa id 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 in dividua l 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 ln excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause . 3. Withholding for Unpaid Wages and Liquidated Damages . The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representat ive of the Department of Labor withhold or cause to be withheld , from any moneys payab le on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpa id wages and liquidated damages as provided in the clause set forth in paragraph (2} of th is clause . Page 8 of 51 CAO Page 3999 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4 . Subcontractors . T he Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. 9. COPELAND "ANTI-KICKBACK" ACT Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3 . Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 10. DAVIS-BACON REQUIREMENTS 1. Minimum Wages . (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions of paragraph (1)(iv) of this section ; also, regular contribut ion s made or costs incurred for more than a weekly period (but not less often than quarterly) under plans , funds, or programs which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5 (a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1 )(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work In a prominent and accessible place where it can easily be seen by the workers . (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination . The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Page 9 of 51 .AO Page 4000 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the labo rers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day per iod 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) (8) 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 ls 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 th ird person , the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding . The Federal Aviation Administration or the Sponsor shall upon its own action or upon written reques t 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 cont ra ctor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements , which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and Page 10 of 51 CAO Page 4001 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVIS I ONS AND ASSURANCES mechanics, including apprentices., trainees, and helpers , employed by the Contractor or any subcontractor the full amount of wages required by the contrnct. In the event of failure to pay any laborer or mechanic , including any apprentice, trainee, or helper , employed or working on the site of the work, all or part of the wages required by the contract. the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records . (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and prese1ved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification ; hourly rates of wages paid (including rates of contribut io ns 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 incu rred 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 . (il)(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 Administrat ion ifthe 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 Av iati on Administration . The payrolls submitted shall set out accurately and completely all of the in formation 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 transmitta ls. Instead the payrolls shall only need to Include an individually identifying number for each employee (e .g ., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired . Optional Form WH-347 is available for th is purpose from the Wage and Hour Division Web site at http:llwww.dol.gov/esa/whdlforms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors . Contractors and subcontractors sha ll 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 t11e 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 Av iation Administration , the Cont ractor, or the Wage and Hour Divlsion of the Department of Labor for purposes of an investigation or aud it of compliance with prevailing wage requirements . It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor , or Owner). Page 11 of 51 CAO Page 4002 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (B) Each payroll submitted shall be accompanied by a "Statement of Compliance ,'' signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll per iod conta ins the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being mainta ined 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 applicab le wage rates and fringe benefits or cash equ ivalents for the classificat ion 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 Opt ional Form WH-34 7 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (0) 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 Adm inistration , or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails lo submit the required records or to make them available , the Federa l agency may, after written notice lo 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 predeterm ined rate for the work they performed when they are employed pursuant to and ind ividually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticesh ip 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 fi rst 90 days of probationary employment as an apprentice in such an apprenticeship program , wl10 is not individually registered in the program, but who has been certified by the Office of Apprenticesh ip 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 j ob site in any craft classification shall not be 'greater than the ratio permitted to the contractor as to the entire work force under the reg istered program . Any worker listed on a payroll at an apprentice wage rate, who ts not registered or otherwise Page 12 of 51 Page 4003 of 5243 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 add ition , any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be pa id not less than the app li cable wage rate on the wage determinat ion for the work actually performed. Where a contractor Is performing construction on a project in a locality other than that in which its program is registered , the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed . Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress , expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination . Apprentices shall be pa id fringe benefits in accordance with the provis ions of the apprent icesh ip program . If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fri nge 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 sha ll be paid in accordance with that determination , In the event the Office of Apprenticeship Training, Employer and Labor Services , or a State Apprenticeship Agency recognized by the Office , withdraws approval of an apprenticeship program , the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees . Except as provided In 29 CFR § 5.16, trainees will not be permitted to work at less than the predeterm ined 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 perm itted 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 ln the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program . If the trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Div ision determines that there is an apprenticesh ip program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fr inge benefits for apprentices . Any employee listed on the payroll at a trainee rate that is not registered and participating in a tra ining plan approved by the Employment and Tra ining Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actua ll 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 he 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 . (ii i) Equal Employment Opportun i1y . The utilization of apprentices , trainees , and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Orde r 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. Page 13 of 51 Page 4004 of 5243 SUPP L EMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 6. Subcontracts . The Contractor or subcontractor shall insert in any subcontracts the clauses contained In 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Adm inistration may by appropriate instructions requ ire , and also a clause requ iring the subcontractors to Include these clauses in any lower tier subcontracts . The pr ime contractor shall be respons i ble for the compliance by any subcontractor or lower tier subcontrac tor wi th all the contract claus es in 29 CFR § 5 .5. 7 . Contract Term ination : Debarment. A breach of the con tract clauses in paragraph 1 through 1 O of this sect io n may be grounds for termination of the contract , an d for debarment as a contractor an d a subcontractor as provided in 29 CFR § 5.12 . 8. Compliance w ith Dav is-Bacon and Related Act Requ irements . All ruli ngs and interpretations of the Davis -Bacon and Re lated Acts contained In 29 CFR Parts 1, 3, and 5 are herein Inc orporat ed by reference in this contract. 9 . Disp ut es Concerning Labor Standa rds . Di sputes arising out of the labor standard s provisions of this contract shall not be subject to the general disputes clause of this contract. Such di sputes shall be res olve d in accordance with t he 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 Co ntractor (or an y of its su bcon tr ac tors) and the contract ing agency, the U.S . Department of Labor, or the emp loyees or their represen t atives . 10. Certi fi cati on of Eligibility. (i) By ente ring into this cont ract , the Con tr acto r certi fi es th at neither it (nor he or she) nor any person or fi rm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government cont rac ts by virtue of se ction 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 ineli gible for award of a Go vernment contract by virtue of section 3(a) of the Dav is-Bacon Act or 29 CFR § 5. 12(a)(1 ). (iii) The penalty for making false statements is prescribed in the U.S. Crimin al Code , 18 USC§ 1001 . 11 . DEBARMENT ANO SUSPENSION CERT IFICATI ON OF OFFEROR /BIDDER REGARDING DEBARMENT By submitting a bid/proposal under th is sol icitation , the bidder or offeror certifies that neither it nor its princip als are presently deba rr ed or suspended by any Federal department or agency from part icipat ion in th is transaction . CERTI FIC AT ION OF LOWER T IER CONTRACTORS REGA RDING DEBARMENT Page 14 of 51 C 0 Page 4005 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES The successful bidder , by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction ", must confirm each lower tier participant of a "co vered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally- assisted project. The successful bidder will accomplish this by: (1) Checking the System for Award Management at website : http://www.sam .gov. (2) Collecting a certif icati on statement similar to the Certificat ion of Offeror /Bidder Regarding Debarment, above. (3) Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a high er tier participant tha t it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, Including suspension and debarment of the non-compliant participant. 12. DISADVANTAGED BUSINESS ENTERPRISE Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contrac t. It is the policy of the COUNTY to practice nondiscrimination based on race, color , sex , or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership . 4.95% of FAA-assisted contracts will be expended with DBE contractors through race neutral means. Contract Assurance (§26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin , or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts . Failure by the Contractor to carry out these requi rements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to : 1) Withholding monthly progress payments ; 2) Assessing sanctions ; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment Mechanisms (§26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Authority. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is substantially (95 percent) completed . Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the Authority. This clause applies to both DBE and non-DBE subcontractors . Florida Department of Transportation DBE Certification Requirements for FAA Grant Funded Proiects Directory (§26.31) Page 15 of 51 AO Page 4006 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Th e Aut horit y uses the Flo rida Unifie d Certific at io n Prog ram (FL UCP) DBE Direc to ry , main tained by the Florida Department ofTransportation (FOOT). The Directory lists th e firm's name, ad dres s, ph one number, date of the most recent certification , and the type of work th e firm has be en ce rti fied to perfor m as a DBE. In add iti on, the Dir ectory lis ts each typ e of work for whi c h a fi rm is el igible 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 per iodi call y, as necess ary . The Direct ory is avai lab le for revie w by con tac ting: Andrew Bennett , Airport Manager, Collier County Airport Authority, 2005 Mainsail Drive , Suite 1, Naples, FL 34114 , 239-642-7878 . The Di rectory may be found at http ://www .dot.state .fl .us /equalopportunityoffice/ Certifi ca tion P ro ces s (§ 26 .61 -26.73 ) The Authori ty will refer all matters perta ining to certifica t ion to the Florida Department of Transportation in accordance with the Florida UCP pro gram. The Florida Department of Transportation will use the certification standards or Subpart D of Part 26 to determ ine the elig ibility of firms to part ici pa te as DB Es in US DOT-assisted contrac ts. T o be ce rt ified as a DBE , a firm must meet all certification eligibility standards. The Florida Department of Trans porta tion will make all certification decisions based on the facts as a whole. For further information about the certification process or to apply for certificalion , finns should contac t: Florida Department of Transportation (FOOT) Equal Oppo rt un ity Offi ce 60 5 Suwannee St. MS 65 Tallahass ee, Florida 32399 -0450 (8 50) 414 -4747 Equal Opportunity Office http ://www.dot .st ate .fl .us/equalopportunityoffice/ County Adm inist rative Reconsid e ration (§26 .53(d )) Wit hin ten (10) day s of being Informe d by the Auth ori ty that it is not re spon s ive because it has not documented sufficient good faith efforts, a bidder may request adminis tra tive recons idera tio n. Bid ders should make thi s request in writing to the follow ing reconsideration offici al: Gene Shue , Operations Support Director, Colli e r County Airport Authority , 2885 S. Horseshoe Drive , Naples, FL 34104 , 239-252 -5169. The reconsideration official will not hav e played any role in the original determin ation th at the bidder did not docume nt sufficient good fai th effort s. As part of this reconsidera tion , the bidd er w ill have the opportunity to provide written doc ume nta tion or arg ument concerning th e issu e of whethe r It me t the go al or made adequate good faith efforts to do so . The bidder will have the opp ortunity to meet in pe rson with the Aut hority's administrative reconsideration official to discuss the issue of whether it met the goal or ma de ad equa te good faith efforts to do. Th e Au tho rity will se nd th e bi dder a written decisio n on reconsideration , explaining the bas is for finding that the bidder did or did not meet the goal or make adeq uate good faith efforts to do so . The result of the reconsideration proce ss is not administrat ive ly appea labl e to t he US Depart ment of T ransp orta tion . 13. DISTRACTED DRIVING/ TEXTING WHEN DRIVING In acco rdance wi th Executive Order 13513 , "Federal Leadership on Reduc ing Text Messagin g While Driv ing ", (10/1/2009) and DOT Order 3902 .10, "Text Messaging Wh ile Driv ing ", Page 16 of 51 CAO Page 4007 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this Initiative, the Owner encourages the Contractor to promote policies and initiati ves for its employees and other work personnel that decrease crashes by distracted drivers , incl uding policies that ban text messaging while driv ing 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 in volve driving a motor vehicle In performance of work activit ies associated with the project. 14. PROHIBfTION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT The Federal awarding agency prohibits the County to enter into a contract to procure or obtain equipment, services or systems that uses covered telecommun ications equ ipment or services as a substantial or essential component of any system , or as critical technology as part of any system. Contractor and Sub contractor agree to comply with mandatory standa rd s and polic ies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)J. 15. DOMESTIC PREFERENCE FOR PROCUREMENTS AND CERTIFCATION The Bidder or Offeror certifies by s igning 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 comp li ance with 2 CFR § 200 .322 . 16. EQUAL EMPLOYMENT OPPORTUNITY (EEO) During the performance of this contract , the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, relig ion, sex , sexual or ientation , gender identity, or national origin . The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dur ing employment , wllhout 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 train ing , including apprent ic esh ip. The Contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices to be provided setting forth the provis ions of th is nond iscrimination clause . (2) The Co ntra ctor will , in all solicitations or advertisements for employees placed by or on beha lf of the Contractor , state that all qualified applicants will receive consideration for employment without regard to race , color, rel igion , sex , sexual or ie ntation , gender identity, or national orig in. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about , discussed , or disclosed the compensation of the employee or applicant or another employee or applica nt. Page 17 of 51 ,}\.0 Page 4008 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES This provIsIon shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information , unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceed in g, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers ' representative or the Contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965 , and shall post cop ies of the notice in conspicuous places avai lable 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 Labo r. (6) The Contractor will furnish all info rmation and reports requ ired by Executive Order 11246 of September 24, 1965, and by the rules, regulations , and orders of the Secretary of Labor, or pursuant thereto , and will permit access to his books , records , and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations , and orders . (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled , terminated , or suspended in whole or in part and the Contractor may be declared Ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule , regulation , or order of the Secretary of Labor, or as otherwise provided by law , (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules , regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provis ions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions . including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with , litigation with a subcontractor or vendor as a result of such direction , the Contractor may request the Un ited States to enter into such li tigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIF ICATIONS 1. As used in these specifications : a . °Covered area " means the geograph ical area described in the solicitation from which this contract resulted ; b. "Director'' means Director , Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; Page 18 of 51 Page 4009 of 5243 SUPPLEMEN TA L FE DERA L CONTRACT PROVISIONS AND ASSURANCES c. "Employer identification number" means the Federal social security number used on the Emp loyer's Quarterly Federa l Tax Return , U.S. Treasury Department Form 941 ; d . "Minority" includes : (1) B lack (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) H ispan ic (all persons of Mexican . Puerto Rican , Cuban , Central or South American , or other Span ish culture or ori gin , regardless of race); (3) Asian and Pacific Islander (all persons hav ing origins in any of the orig inal peoples of the Far East, Southeast As ia , the Indian Subconti nent, or the Pac ific Islands); and (4) Amer ican Ind ian or Alaskan native (all persons having orig ins in any of the original peoples of North Ame rica and maintaining Ident ifiable 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 constr ucti on trade . it shall physically inc lude in each subcontract In excess of $10 ,000 the provisions of these specifications and the Notice which contains the applicable goals for minor ity and fema le participation and wh ich is set forth in the so licitations from wh ich 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 indiv idually 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 partic ipation in and compliance with the provisions of any such Hometown Plan . Each contractor or subcontractor participating in an approved plan ls individually required to comp ly w ith its obligat ions under the EEO clause and to make a good faith effort to ach ieve each goal under the Plan in each trade In which it has employees . The overall good fa ith performance by other cont ractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good fa ith efforts to ach ieve the Plan goals and timetables. 4 . The Contractor shall implement the spec ific affirmative act ion standards provided in paragraphs 7a through 7p of these specifications . The goals set forth in the solicitation from wh ich this contract resulted are expressed as perce ntages of the total hours of emp loyment and training of minority and female utilization the Contractor should reasonably be ab le to achieve in ea ch co nst ruction 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 Federa l or federally ass isted construct ion contract shall apply the minority and female goals established for the geograph ical area w here the work is be ing performed . Goa ls are publ ished period ically in the Federal Register in notice form , and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federa l procurement contracting officers . The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the per iod specified. 5. Ne ither the provisions of any collective bargaining agreement, nor the fa il ure by a union w ith whom the Contractor has a collective bargaining agreement , to refer either minorities or women shall excuse the Cont ractor's obli gati ons under these specifications , Executive Order 11246 , or the regulations promulgated pursuant thereto . 6. In order for the nonworking training hours of apprent ices and trainees to be counted in meeting the goals , s uch apprentices and trainees must be employed by the Contractor during the training Page 19 of 51 CAO Page 4010 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities . Trainees must be trained pursuant to tra ining 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 ach ieve maximum results from its actions. The Contractor sha ll document these efforts fully , and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor , where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen , superintendents , and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female ind iv iduals 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 ava il able, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the un ion hiring hall for referral and was not referred back to the Contractor by the union or, if referred , not employed by the Contractor, this shall be documented in the file with the reason therefor , along with whatever additional actions the Contractor may have taken . d . Provide immediate written notification to the Director when the union or unions w ith which the Contractor has a collective bargain ing agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other inform ation 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 tra ining programs for the area which expressly include minorities and women, includin g upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs , especially those programs funded or approved by the Departm ent of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation In assisting the Contractor in meeting its EEO obligations ; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc .; by spec ific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work Is performed . Page 20 of 51 Page 4011 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES g. Review, at least annually , the company 's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site . A written record shall be made and maintained identifying the time and place of these meetings, persons attending , subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advert ising in the news media, specifically including minority and female news media , and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business . i. Direct its recruitment efforts, both oral and written, to minori ty, female, and community organizations , to schools with minority and female students and lo minority and female recruitment and training organizat ion s 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, prov id e after schoo l, 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 tra inin g, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure pr ivacy between the sexes . o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at le ast 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 ass ist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association , joint contractor-un ion , contractor-commun ity , or other similar group of which the Page 21 of 51 CAO Page 4012 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group , makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables , and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligat ion to comply , however, is the Contractor's and failure of such a group to fulfil l an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established . The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups , both ma le 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, rel igion , 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 fo r violation of these specifications and of the Equal Opportunity Clause , including suspension , termination , and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended , and Its implementing regulations, by the Office of Federal Contract Compliance Programs . Any contractor who fails to carry out such sanctions and penalties shall be i n violation of these specifications and Executive Order 11246, as amended . 13 . The Contractor, in fu lfilllng its obligations under these specifications , shall implement specific affirmative action steps , at least as extensive as those standards prescribed In paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal emp loyment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regu lations, or these specifications , the Director shall proceed in accordance with 41 CFR part 60-4 .8. 14 . The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy Is being carried out , to submit reports relating to the provis ions 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 , un ion affiliation if any , employee identification number when assigned , social security number , race, sex, status (e .g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status , hours worked per week in the indicated trade , rate of pay , and locations at which the work was performed . Records shall be maintained in an easily understandable and retr ievable form ; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records . Page 22 of 51 CAO Page 4013 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area res idents (e.g . those under the Publ ic Works Employment Act of 1977 and the Community Development Block Grant Program ). 17. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this sol ic itation 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 ch ild labor standards for full and part time workers . The Contractor or Consultant has full responsibility to monitor compliance to the referenced statute or regulat ion . The Contractor or Consultant must address any claims or disputes that arise from th is requirement directly with the U.S. Department of labor-Wage and Hour Divis ion. The U.S. Department of Labor Wage Rates applicable to the Contract Is listed In Wage Rate Decision Number FL20230201 07/07/2023 , as modified up through ten days pr ior to the open ing of bids . This Wage Rate Decision appears in Its entirety at the end of this Exhibit if applicable. 18. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES/ CERTIFICATION The Bidder or Offerer certifies by sign ing and subm itt ing this bid or proposal , to the best of hi s or her knowledge and belief, that: I ) No Federal appropriated funds have been paid or will be pa id, by or on behal f 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 mak ing of any Federal loan , the entering i nto 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 fu nds have been pa id 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 th is Federal contract , grant, loan , or cooperat ive 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 t iers (i ncluding 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 rel iance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering Into this transaction imposed by section 1352 , title 31 , U.S . Code. Any person who fails to file the required cert ification shall be subject to a civ il 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 sol icitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text . The Page 23 of 51 C 0 Page 4014 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES employer, hereinafter known as "the Contractor ," must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor 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 -Occupational Safety and Health Administration . 20. PROCUREMENT OF RECOVERED MATERIALS 41 CFR § 200 .323, 40 CFR par1247 Solid Waste Disposal Act Contractor and subcontractor agree to comply with Section 6002 of the Sol id 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 subc ontracto rs are to use products containing th e highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever : I) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items ls 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 th is clause is a violation of the Equal Employmen t Opportunity clause in this contract. (b) "Segregated facilities ," as used In this clause, means any waiting rooms, work areas , rest rooms and wash rooms , restaurants and other eating areas , lime 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 , re ligion , 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 th is clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of th is con trac t. Page 24 of 51 Page 4015 of 5243 SUPPLEM ENTAL FEDERAL CON TRACT PROVISIONS AND ASSURANCES 22. RIGHTS TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental , or research work must provide for the rights of the Fede ral Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Sma ll Bus ine ss Firms under Government Grants , Contracts , and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401 .14 . Contractor must include this requirement in all sub- tier contracts involving expe rim enta l, developmental , or research work . 23. SEISMIC SAFETY The Contractor agrees lo ensure that all work performed unde r this contract, including work performed by subcontractors , conforms to a building code standard that provides a level of seism ic safety substantially equ ivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model the ir code after the current version of the International Building Code (I BC ) me et the NEHRP equivalency level for seismic safely . 24. TAX DELINQUENCY AND FELONY CONVICTIONS (for 1 at the nd of this docu e t} CERTIFICATION OF OFFEROR/BIOOER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The appli cant must complete the following two certification statements . The app li cant must indicate its current status as it relates to tax delinquency and felony conv iction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that , if awarded a contract resulting from this solicitation , it will incorporate thi s provision for certification in all lower tier subcontracts . Certifications (See Separate Assurance) 1) The applicant represents that it Is ( ) is not ( X ) a corporation that has any unpaid Federal tax liability that has been assessed , for which all judicial and administrative remedies have been exhausted or have lapsed , and that is not being pa id in a tim ely manner pursuant to an agreement with the authority responsible for collecting the tax li ab ility . 2) The applicant represents that It is { ) is not ( X ) a corporation that was convicted of a criminal vio lation under any Federa l law within the preceding 24 months . Note If an applicant responds in the affirmative to either of the above representations , the applicant is ineligible to receive an award un less the Sponsor has rece ive d notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determ in ed that further act ion is not requ ired to protect the Government's interests. The applicant therefore must provide information to the owner about its tax li ab ility or convict ion to the Owner , who will then notify the FAA Airports District Office, which will then notify the age ncy's SDO to faci lit ate completion of the required cons id erations before award decis ions are made . Term Definitions Felony conviction: Felony conviction means a conviction within the preced in g twenty four (2 4) months of a felony cr iminal violation under any Federal law and includes conv iction of an offense defined in a sect ion of the U.S . Code that spec ifi cally class ifi es Page 25 of 51 CAO Page 4016 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES the offense as a felony and conviction of an offense that is classified as a felony under 18 USC§ 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed , for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not be ing paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability . 25. TERMINATION OF CONTRACT 1. TERMINATION FOR DEFAULT. 1.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement , in whole or in part, as further set forth in this Section , if Contractor : (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule ; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable ; or (4) discontinues the prosecution of the Work ; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes Insolvent or is declared bankrupt , or commits any act of bankruptcy ; or (7) allows any final judgment to stand against ii unsatisfied for more than ten (10) days ; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes , laws , ordinances , rules or regulations With respect to the Work ; or (10) materially breaches any other provision of the Contract Documents. 1.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion , then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials , tools, equipment , and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders , and complete all or any portion of Contractor's Work by whatever means , method or agency which Owner, in its sole discretion , may choose . 1.3 If Owner deems any of the foregoing remedies necessary , Contractor agrees that it s hall 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 completlon, 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 collect ion, attorneys' fees (includ ing 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 Contracto r or Owner, as the case may be , shall be approved by the Project Manager, upon application, and this obl igation for payment shall survive term ination of the Agreement. Page 26 of 51 CAO Page 4017 of 5243 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 this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner Is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below . 1.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such defaul t within fourteen (14) days of receiv ing 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 port ions 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 th is Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice , Contractor may, upon fourteen (14) additional days' written notice to the Owner , terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 2. TERMINATION FOR CONVENIENCE ANO RIGHT OF SUSPENSION. 2.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience , Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination , together with any retainage withheld and reasonable termination expenses incurred , but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed . 2.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' pr ior 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 schedu le in accordance with the procedures set forth in the Contract Documents . In no event shalt 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 port ion of the Work which is subject to the ordered suspension . 3. TERMINATION FOR DEFAULT. Page 27 of 51 CAO Page 4018 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3.1 Contractor shall be considered in mater ial default of the Agreement and such default shall be considered cause for Owner to term inate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended w ithin 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 cred itors ; 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 o the Contract Documents . 3.2 Owner shall not ify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of sa id 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 its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials , tools , equipment , and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders , and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner , in Its sole discretion, may choose. 3.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including al! management , administrative and other overhead and other direct and indirect expenses (including Design Profess ional and attorneys' fees) or damages incurred by Owner incident lo 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 prompt.ly to Owner on demand the full amount of such excess , including costs of collection, attorneys' fees (including appea ls) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs , expenditu res 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 lo sses 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 comprom ise 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 de fault , or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor 's remedies against Owner shall be e same as and limited to those afforded Contractor under Section 19 below. Page 28 of 51 c A.0 Page 4019 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise pers istently falls to fulfill some material obligat ion owed by Owner to Contractor under this Agreement , and (ii) Owner has falled 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 it s Subcontractors or the ir agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Co ntractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to term inate this Ag reement. 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 perfo rmed or any other damages from Owner. 4. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 4.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for 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 retalnage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, Incl uding , but not limited to , damages or any anticipated profit on portions of the Work not performed . 4 .2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension . If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents . In no event shall the Contractor be entitled to any additional compensation or damages . Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension . 26. TRADE RESTRICTION CERTIFICATION By submission of an offer , the Offerer certifies that with respect to this solicitation and any resultant contract , the Offerer - 1} is not owned or controlled by one or more citizens of a foreign country included in the li st 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 nationa l of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and 3) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S .T.R. Page 29 of 51 CAO Page 4020 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 , United States Code , Section 1001 . The Offerer/Contractor must provide immediate written notice to the 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 prov ide 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 Offerer 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. li st 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 cert ification required by this provision . The knowledge and in formation 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 Offerer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certificat ion without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country inc luded 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 mak ing 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 (exc luding executive , adm inistrative, 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 read ily available and qualified to perform the work to which the employment relates . Page 30 of 51 CAO Page 4021 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES STA TE 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 yea rs 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. Conv icted Vendor List. A person or affiliate who has been placed on the conv icted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or serv ices to a public entity ; may not subm it 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 unde r a contract with any publ ic entity ; and may not transact bus i ness with any public entity in excess of the threshold amount provided in Section 287 .017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287 .134, Florida Statutes , an entity or affiliate who has been placed on the Discriminatory Vendor List , kept by the Florida Department of Management Services , may not subm it 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 subm it bids on leases of real property to a public entity ; may not be awarded or perform work as a contractor , supplier, subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity . c. Non-Responsible Contractors . An entity or affiliate who has had its Certificate of Qualification suspended , revoked, denied , or have further been determined by the Department to be a non- responsible contractor, may not submit a bid or perform work for the construction or repair of a public build ing or public wo rk on a contract w ith the Agency. d. Prohibition on Using Funds for Lobbying . No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature , judicial branch , or any state agency, in accordance with Section 216 .347 , Florida Statutes . UNAUTHORIZED ALIENS FOOT shall cons ider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly emp loys unauthorized aliens , such violation will be cause for unilateral cancellation of this Agreement. Page 31 of 51 AO Page 4022 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES E-VERIFY Contractors shall: I. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and II. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewi se utilize the U.S . Department of Homeland Security's EVerify system to verify the employment eligibility of all new employees h ire d by the subcontractor during the contract term . INDEMNIFICATION To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless th e Agency and the State of Florida , Department of Transportation, including the Department's officers and employees, from liabilities, damages , losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification sh all survive the termination of this Agreement. AGENCY NOT AN AGENT OF DEPARTMENT The Agency and the Department agree that the Agency , its employees, contractors, subcontractors , consultants, and subconsultants are not agents of the Department as a result of this Agreement. 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. Page 32 of 51 CAO Page 4023 of 5243 SUPPLEMENTAL FEDE RAL CONTRACT PROVISIONS AND ASSURANCES DOL WAGE RATE DECISION 181 APPLICABLE See following pages for this documenL Page 33 of 51 Page 4024 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES "General Decision Number: FL20230201 07/07/2023 Superseded General Deci si on 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 least the app l icable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders app l y 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). l lf the contract is e ntered I. linto on or after January 30 , I 12022 , or the contract is I I renewed or extended (e .g ., an I . I option is exercised) on or I !after January 30 , 2022 : I I I I I I I I I I I I I Executive Order 14026 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 determ i nation , if it i s higher) for all hours spent performing on the contract in 2023 . I _______________ I ______________ _ !If the contract was awarded onl . lor between January 1 , 2015 andl !January 29 , 2022 , and the I I contract i s not renewed or I . !extended on or after January I 130 , 2022 : I I I I I I I I I I I Executive Order 1 3658 generally appli e s to the contract . The contractor must pay all covered workers at least $12 .15 per hour (or the applicable wage rate listed on this wage determination , if it is higher) for all hours spent performing on that contract in 2023 . Page 34 of 51 CAO Page 4025 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES The applicable Executive Order minimum wage rate will be adjusted annually . If thi s contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination , the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at http ://www .dol .gov/whd/govcontracts . Modification Number 0 1 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 ELEC0349 -008 09/01/2021 Rates ELECTRICIAN (Includes Low Voltage Wiring) .................. $ 32 .05 Fri nges 13.1 1 Fringes 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 ra te to vacation pay credit for employee who has worked in business more than 5 years ; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in bus iness less than 5 years . b .Paid Holidays : New Year 's Day; Memorial Day ; Independence Page 35 of 51 CAO Page 4026 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Day ; Labor Day ; Veterans ' Day , Thanksgiving Day ; The Friday after Thanksgiving Day ; and Christmas Day . ENGI0487 -021 07/01/2016 Rates OPERATOR : Crane All Cranes 160 Ton Capacity and Ov e r ........... $ 33 .05 All Cranes Over 15 Ton Capacity .................... $ 32 .05 OPERATOR : Forklift .............. $ 23 .25 OPERATOR : Mechanic .............. $ 32 .05 OPERATOR : Oiler ................. $ 23.50 IRON0397 -007 07/01/2022 Rates IRONWORKER , STRUCTURAL ...... , .... $ 32 .60 IRON0402 -001 10/01/202 1 Rates IRONWORKER , ORNAMENTAL ........... $ 25 .50 * SFFL0821 -004 07/02/2023 Rates SPRINKLER FITTER (Fire Sprinklers) ...................... $ 32 . 03 * SUFL2014 -009 08/16/2016 Rates CARPENTER ........................ $ 18 .00 CEMENT MASON/CONCRETE FINISHER ... $ 14 .85 ** IRONWORKER , REINFORCING .......... $ 26.3 7 LABORER : Common or General , Fringes 9 .20 9 .20 9 .20 9.20 9 .20 Fringes 16 .97 Fringes 14 .66 Fringes 22 .15 Fringes 0 .64 0 .60 1 2 .65 Page 36 of 51 CA.0 Page 4027 of 5243 SUPP LEMEN TA L FEDERAL CON TRAC T PROVISIONS AND 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 PLUMBER .......................... $ 18 . 01 ROOFER ........................... $ 19 .00 SHEE T METAL WORKER , Includes HVAC Duct Installation ........... $ 19 .10 TILE SETTER ...................... $ 18 .01 TRUCK DRIVER: Dump Truck ........ $ 13 .22 * TRUCK 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 prescribed for craft performing operation to which welding is incidental . ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16 .20) or 13658 ($12 .15). Please see the Note at the top of the wage determination for more information . Note : Executive Order {EO) 13706 , Estab lishing 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 CA.0 Page 4028 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES solicitation was issue d ) on or after January 1 , 2017 . If this contract is covered by the EO , the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work , up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own i llness , injury or other health-related needs , including preventive care ; to assist a family member (or person who is like fa mily to the employee) who is ill , injured , or has other health-related needs , inc luding preventive care ; or for reasons resulting from , or to assist a family member (or person who is like family to the employee) who is a victim of, domestic viol ence , sexual assault , or stalking . Additional information on contra ctor requirements and worker protections under the EO is available at https ://www .dol .gov/agencies/whd/government -contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses ( 2 9C FR 5 . 5 ( a ) ( 1 ) ( ii ) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited t ype(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "" iden ifiers ''" that indicate whether t.he particular rate is a union rate (current union negotiated rate for loc al ), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU "" or '"'UAVG "" denotes that the union classification and rate were prevailing for that classification in the survey . Example : PLDM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification , which in this example wou ld be Plumbers. 0198 indicates the local union numb er or district council number where applicable , i .e ., Plumbers Local 0198 . The next number, 005 in the e xamp le , is an internal number used in processing the wage determination . 07/01/2014 is the effective dat e of the Page 38 of 51 Page 4029 of 5243 SUPPLEMENTAL F EDERAL CONTRACT PROVISIONS AND ASSURANCES most current negotiated rate , which in this example is July 1 , 2 014.. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SO "" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey , it may include both union and non -union rates . Example : SULA2012 -007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number , 007 in the example , is an internal number used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Survey wage rates are not updated and remain in effect until a new s urvey is conducted . Union Average Rate Identifiers Classification(s ) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications ; however , 100% of the data reported for the classifications was union data . EXAMPLE: UAVG -OH -0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number , 0010 in the example , is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year , usually in January of each year , to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based . ---------------------------------------------------------------- Page 39 of 51 CAO Page 4030 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 .) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here , initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U .S. Department of Labor 200 Constitution Avenue , N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes , then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7). Write to : Wage and Hour Administrator U.S . Department of Labor 200 Constitution Avenue, N.W. Washington , DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data , project description , area practice material , etc .) that the requester 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 CAO Page 4031 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Administrative Review Board U .S . Department of Labor 200 Constitution Avenue , N .W. Washington , DC 20210 4 .) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" Page 41 of 51 CAO Page 4032 of 5243 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 . Cert ification of Buy American Certification for Equipment/ Building Projects 5. Collier County Conflict 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 Page 4033 of 5243 S UPPLEM ENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLI ER COUNT Y Cc l'tific ntio n Regi mlin g D ba rm ent, us pensio n, and Oth er Resp on sibilit y Mail ers Pr imi1rv Covered Transac tions (1) The prospective primary participant certifies to the best of its know ledge and belief, that it and its prin cipals : (a) Are not presently debarred , suspended , proposed for debarment, declared inel igible , or vo lu ntaril y exc luded from co vered transac tions by any Federa l depa r tment or agen cy ; (b) Have not w ithin a three-year period preceding this proposal be e n conv icted of or had a civ il judgment rendered against th e m for commission of fraud or a cri minal offense in co nnectio n w it h obta ining , atte mpt ing to obta in, or perform ing a public (Fe de ral , State or local) transaction or contract under a publi c transaction ; v lolation of Federal or State an t itrust statutes or commission of embezzlement , t heft, forge ry , br ibery, falsification or destruction of reco rds , making false statements , or receiving stolen property ; (c) Are not presently ind icted fo r or ot herwise criminall y or civilly charg e d by a governmental entity (Fede ral, State or loca l) with commission of any of the offenses enumerated in parag raph (l)(b) of this certi fi cation ; and (d) Have not w it hin a th ree-ye ar period preceding th is ap plicat ion/proposa l had one or more public transactions (Federal , State or local) termina ted for cause o r default. (2 ) Where the prospective primary participant is unable to certify to any of the statemen ts in th is cert ificat ion , such prospective participant shall attach an explanat ion to th is proposa l. Erika Bod e nstein Name Vice President Tltle DEC Contracting Group , Inc. Firm Bulk Aircraft Hang ar at Marco Island Executive Airport Project Name 23-8120 Project Number 46 -4934701 Tax ID Number ZHBNT8Y81VK7 Sam .gov Unique Entity Iden t ifier (UEI) Num b er 1560 Ma tth ew D rive, Ste . 8, Ft. My ers , FL 33907 Street Address , C ity , State, Zip r ----- Signature Page 43 of 5 1 CAO Page 4034 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROV IS IONS AND ASSU RA NCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT ISt,n.u-:.wdl v t-nf111:-d . Unv~uf.:::M~ )1~'-'"4:1. Wi'I rc:.,q ~Uf' thir Vf"t>idot /P nmc lM':.r,ntn• t a c"Ahrr p r w. ,-., t U-l-tt,n(l'lt ~ pt ,, sourer ~C<•m,:-nl.O'JOn th.o l ~•Ud .i,,., ~ ,u~,. t111111.K101 """'" an c,nuty 1tu1 ,o,orllr,:-, ~ con1t~t1 . A. VENDOR/PRIME CONTRACTOR INFORMATION ¥Kl ~l M!AL PR!Ml I CID NUIAl!fK (014 IMACl DOU.AR A.M OUN'I DEC Contract ing Group , Inc. 46-4934701 ~ .SlHJ P~WI A ~D&<IRTIFlE011<;.>.0V;u;r1,r,10. I !(RAIi? L 11 ,~ mr 11 fJYOI llllSC r,w:1, •;t1 IY • W Ur \I ~,m ,011 1/>,,e /'I 11 01111 I CJ u u nm 1 N "'-'•I A ~MJ,U 0, AJ I A(,10 W~ll\lMUl:fRMI r, ' 11!1 SY.IU 1,1~ M8 1 V ,, C MULTMkll 1 40!1 ,W~ I AA I (J ,I, 'I KVX: l 01'-'b!J D VII 111,W I V/611 y OIIICR? W IHtM V II I\ I ll~ suiw.,s.s101. A RlVISIOU? y ,. 11 Y{S, RC\'ISION h UNHII B. IF PRIME HAS suaCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION 06l,MJl.C.W81 ~ U BC-0 N1 RA OR u• iUPPUUI n, OIWOli~U~ lllL'l!Clll' OODl W8f)UPPUlR p tHf Of COtllRACI I . MIU HAMl SP(ClALTY (\re Be-I_.) OOlVJI AWOUNT OOU.fJIS DBE Breezv Cool HVAC BA $15:l 1 i::.n 5% IOIAU• C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR N.Al\llt Of SU!1Mil1 lll 0"1'! rml QI' SUIIM ITTU Erika Bodenste in 5/23/2023 V ice Pres ide nt lMAIL AODRl~Uf PRIMl l~UBMlnERJ Tll,J:PllONl NUMB(R I AK lltJ MatR erika@decconlracting .com 239 -332-4 322 239-332-0180 NOil : Th, foun,U4G n • ~ cd \tt t n .!ff fC rl ont,or,.:,ltd O l 01 1.1 8l pa p11-1n fed~•~lly 1-,dcdcontrxu l ho ~nu,;:,;,lc.d OOl"' M t :a t>Ul"l1 L, \>Olo11n 'Y""" I 1 h<c or,,c, """ o r 111<, cnnt ...; 1ul 10,m>. I ~I~ lo,..,"''"' .-•"b"' .vd >l ll mr o! le</ n\.C 10 ,, 1,('J 1CJ U tio:o 11 ~"at 1~n ~w..)'l'd cd 3 l.Oll.tn.l ' µ<r.><t.,IJ',t, tn-i.c-~-ll bo l,,. c-0 t L.pd-'it \'! I i OIINII fonhe ran1 ,ompt•n<• !11<, llt1Nrt11'1' CODI !11..d. Amc,/,an 8A Hl,p..,f\k ''""°'"•n "" Not.Ne _.,,.,mp~ NA )l,;!,,:on1.""->n A ,,,..,ic;,n SAA ~ Paelflc Amulart N'A ll on V .ino,lrvWoMr n N~I'> ... Otlw: notc>I ~11Vo\h,,.,11roup!;,.1ot1 0 D. SECTION TO BE COMPLETED BY COWER COUNTY urPAAfMU/1 NAM! C(J!llllH:Oln M O •I •Bl-orf0/1110) C,RAt ll 14:0GAAM/COttlll.ALT \ ACCL P IL D 8~: DATL I Page 4035 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISION S AND ASSURANCES Prime Contractor/Consu ltant COLLIER COUNTY Bidder Opportunity Li t DEC Contracting Group , Inc. Address I Phone Number 1560 Matthew Dr., Ste . B, Ft. Myers, Fl 33907 {239) 33 2-43 22 Procureme nt Number 23-8120 Disadvantaged busines se s an d minority vendors, as defined in the Federal Code of Federal Regu lations or Florida State Statutes must have the opportunity to part icipa te on contracts with federal and/or state grant assistance . FIRM INFORMATION FIRM TYP E ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE IDlsadvantaaed\ LES S THAN $1 MIILI ON FIRM NAME oreezy 1....001 Air Lonu1tioni. MBE (Minor lM BETWEEWS 1--::-55 MIILION PHONE :>Ol·.)UO•Ol:,1:,1 WBE (lNomeo) BE1WEEN $5 -S10 MllllON STREET ADDRESS :,14!!:l camp1 Ur NON-DBE BETWEEN $10 -$15 MIIUON CITY STATE ZIP I ,.1,,. Wnrrh l":l.i?/;7 MORE THAN $15 MIILION YEAR FIRM EST. ,nn11. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERA L TAX ID# DBE fDlsadv antaaedl LESS THAN $1 MIIL ION FIRM NAME MBE (Minority) BETWEEN $1 -$5 MIILION PHONE WBEtwomeo) BETWEEN $5 -$10 MIILION STREET ADDRESS NON-DBE BETWEEN S10 -S15MIIUON CITY STATE. ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE (Dlsadvantaaed) LES S THA N $1 MIILION FIRM NAME MBE IMlnorltvl BETWEEN $1 -$5 MIILION PHONE WBECWOmenl BETWEEN $5 -$10 MIILION STREET ADDRESS NON-DBE BETWEEN $10-$15 MIILION C ITY STATE ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECE IP TS FEDERAL TAX ID # DBE CDlsadvantaoed\ LESS T HAN $1 MIILIO N FIRM NAME MBE /Minori ty) BElWEEN $1 -$5 MIIUON PHONE WBE cwomeol BETWEEN S5 -$10 MIIUON STREET ADDRESS NON-DBE BETV-JEEN $10 -S1 5 MIIUON CITY STATE, ZIP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID# DBE (Dlsad vantai:iedl LESS THA N S1 MIILION FIRM NAME MBE (Mlnorllvl BETWEEN S1 -$5 MIILION PHONE WBECWomeol BETWEEN S5 -$10 MIILION STREET ADDRESS NON-DBE BEnNEEN $10-$15 MIIUON CITY STATE Z IP MORE THAN $15 MIILION YEAR FIRM EST. FIRM INFORMATION FIRM TYPE ANNUAL GROSS RECEIPTS FEDERAL TAX ID # DBE IDlsadvantaaedl LESS THAN $1 MII LIO N FIRM NAME MBE IMlnoritv\ BElWEEN $1 • $5 MIILION PHONE WBE/Womeol BETWEEN S5-$10 MIIUON STREET ADDRESS NON-DBE BETWEEN $10 -$15 MIILION CITY STATE ZIP MORE THA N $15 MIILION YEAR FIR M EST . Page 45 of 51 CAO Page 4036 of 5243 OR SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Federal Aviation Administration (FAA) Certification of Buy American Certification for Equipment/Building Projects As a matter of bid responsiveness , the bidder or 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 select one or the other (not both) by inserting a checkmark (✓) or the letter "X". 0 Bidder or offerer hereby certifies that it will comply with 49 USC § 50101 , BABA and other related U.S. statutes , guidance, and policies of the FAA by : a) Only installing steel and manufactured products produced in the United States ; b) Only installing construction materials defined as : an article , material , or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel ; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride , composite building materials , and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States . c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or d) Installing products listed as an Excepted Article , Material or Supply in Federal Acquisition Regulation Subpart 25 .108 . By selecting this certification statement , the bidder or offerer agrees : a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product. b) To faithfully comply with providing U.S . domestic product. c) To furnish U.S. domestic product for any waiver request that the FAA rejects. d) To refrain from seeking a wa iver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified . The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101 (a) but may qualify for a Type 3 waiver under 49 USC § 50101 (b). By selecting this certification statement , the apparent bidder or offerer with the apparent low bid agrees: a) To subm it to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder , a formal waiver request and required documentation that supports the type of waiver being requested . b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. d) To refrain from seek ing a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines ju stified. Page 46 of 51 CAO Page 4037 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES Required Documentation Certification of Buy American Certification for Equipment/Building Projects Type 2 Waiver (Nonavailability) -The iron, steel , manufactured goods or construction materials are not available in sufficient quantity or quality in the Un ited States. The required documentation for the Nonavailability waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate ite ms , products , or materials including; c) A descripti on of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the ti ming of the research and conclusi ons reached on the availability of sources. Type 3 Waiver -The cost of the item components and subcomponents produced in the Un ited States is more that 60 percent of the cost of all components and subcomponents of the "i tem ". The required documentation for a Type 3 waiver is: a) Completed Content Percentage Worksheet and Fi nal Assembly Questionnaire including ; b) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25 .108 (products of unknown origin must be considered as non - domestic products in the ir entirety). c) Cost of non-domestic components and subcomponents, exclud ing labor costs associated w ith final assembly at place of manufacture. d) Percentage of non-domestic component and subcomponent cost as compared to tota l "i tem" component and subcomponent costs , excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver (Unreasonable Costs) -Applying this provision for iron, steel , manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bidders and/or offerers ; c) Receipt or record that demonstrates that suppl ier 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 , th is certificat ion concerns a matter within the jurisdiction of the Federal Av iation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 , United States Code . May 23, 2023 Date DEC Contracting Group , Inc. Vice President Company Name Title Page 47 of 51 CAO Page 4038 of 5243 23-8120 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Coonict ol' lntercsl 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 emp loye e, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also , to the best of my knowledge, no member of my household ; no relative with whom I have a close relationship; no one with whom my spouse , parent or dependent child has or seeks employment; and no organization with which I am see king a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved In, or is affected at a later date by, the conduct of this matter . Erika Bodenstein Name Vice President May 23, 2023 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Par~ 2634, Snbpart I require the reporting of Utis iufonnation. The primary u e of tlte in.formation 011 this form is for review by officials of The Justice Deparhnent to determine compliance with applicable federal conflict of interest laws aud regulations. Additional disclosures of the infonuation on this report may be made : (I) to a federal , state or local law enforcement agency if the Ju slice Department becomes awnre of a violation or potential violation of law or regulations; (2) to a court or pnrty in a court or federal administrative proceeding if lhe government is a p11rly or in order to comply with a judge-issued subpoenn; (3) to II source when necessa1y to obtain infonnalion relevant to a conflict of interest investigation or decision ; (4) to the National Archives and Records Administration or the General Services Adruioist:ralion in records management inspections; (5) to the Office of Mauagement and Budget during legislative coordinntion on privnte relief legislation; and (6) in response ton request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if tho infonnAtion is relevant to tl1e subject matter. This confidential certification will not be disclosed to any rcque ting pel'son unless authorized by law . See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. Page 48 of 51 AO Page 4039 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLJER COUNTY uencv and Felon Conviction The Contractor must complete the following two certification statements . The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response . The applicant agrees that, if awarded a contract resulting from this solicitation , it will incorporate this provision for certification In all lower tier subcontracts . Certifications I) The applicant represents that it is ( ) is not ( X ) a corporation that has any unpaid Federal tax liab ili ty 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 respons ible for collecting the tax liability. 2) The applicant represents that it is ( ) is not ( X ) ls not a corporation that was Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty - four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S . code that specifically classifies the 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 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 liabil ity . Erika Bodenstein Vice President Name Title DEC Contracting Group, Inc . Firm Sll'lature Page 49 of 51 CAO Page 4040 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLI ER COUNTY Federa l uncl State Certilicntion Re ardin , Lobb in The undersigned certifies, to the best of his or her knowledge , that: (1) No Federal app ropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influencing or attempting to Influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congre ss in connection with the award in g of any Federal contract, the making of any Federal grant , the making of any Federal loan , !he enterin g 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 in fluencing 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, ff D isclosure Form to Report Lobbying," in accordance with its instructions . (3} The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants , loans , and cooperat ive agreements} and that all subrecipients shall certify and disclose accordingly . Th is certification is a material representation of fact upon wh ich re li ance was placed when this transaction was made or entered into . Submi ssion of this certification is a prerequisite for making or entering into this transaction imposed by 31 , U.S.C . § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fa il s to file the required cert ification shall be subject to a civil pena lty of not less than $10,000 and not more than $100,000 for e ach such failure. The Contractor , DEC Contracting Group, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure , if any . In addition, the Contractor understands and agrees that the prov is ions of 31 U.S.C. § 3801 et seq ., apply to this certification and disclo sure , if any . In addition , the Contractor understands and agrees that the provisions of 11.062, Florida Statutes ., apply to this c ertification and disclo sure , if any . -=E"'-'ri;;.;;ka;::......::;B.;:;.od""e"-'n.;.;;s;..;.;te;.;.in;..;J1._V'-'i"'"ce~P--re;;..;;s;...;.;id;:.;;e;...;.;n:.;;.t __ Name of Authorized Official and Title __...M .. a._.y_.2...,3.._, _.2,...02..,3,.__ _______ Date Page 50 of 51 CAO Page 4041 of 5243 SUPPLEMENTAL FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acknowletl ement of Terms Couditions and Gnmt Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of 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 ar ising out of the subcontractor's performance of work under this Agreement, to the extent all owed and required by law. The rec ipi ent shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract , the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288 .703 , Fla . Stat. Certification On behalf of my firm, I acknowledge , and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name DEC Contracting Group, Inc . Date May 23 2023 Address 1560 Matthew Drive , Ste . B, Ft. Myers, FL 33907 Solicitation/Contract# 23-8120 ------------ Page 51 of 51 CA Page 4042 of 5243 Page 4043 of 5243 Page 4044 of 5243 Page 4045 of 5243 Page 4046 of 5243 Page 4047 of 5243 Page 4048 of 5243 Page 4049 of 5243 Page 4050 of 5243 Page 4051 of 5243 Page 4052 of 5243 Page 4053 of 5243 Page 4054 of 5243 Page 4055 of 5243 Page 4056 of 5243 Page 4057 of 5243 Page 4058 of 5243 Page 4059 of 5243 Page 4060 of 5243 Page 4061 of 5243 Page 4062 of 5243 Page 4063 of 5243 Page 4064 of 5243 Page 4065 of 5243 Page 4066 of 5243 Page 4067 of 5243 Page 4068 of 5243 Page 4069 of 5243 Page 4070 of 5243 Page 4071 of 5243 Page 4072 of 5243 Page 4073 of 5243 Page 4074 of 5243 Page 4075 of 5243 Page 4076 of 5243 Page 4077 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4078 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Vice PresidentErika Bodestein4/17/20244/17/2024Scott TeachPage 4079 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4080 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4081 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4082 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4083 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4084 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4085 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4086 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4087 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4088 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4089 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4090 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4091 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4092 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4093 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4094 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4095 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4096 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4097 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4098 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4099 of 5243 DocuSign Envelope ID: F499C005-24FF-43EA-AD50-D50D3DAB5565Page 4100 of 5243