11-2020-CA-002725-0001-XX Filing # 112415311 E-Filed 08/26/2020 01:37:59 PM. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL DISTRICT IN AND FOR COLLIER COUNTY, FLORIDA. a CASE NO. Plaintiff, v. WEST CONSTRUCTION, INC. and PHILADELPHIA INDEMNITY INSURANCE COMPANY Defendants. J COMPL COMES NOW Plaintiff, MIGUEL LOPEZ JR., INC. (“Lopez”) and sues Defendants, WEST CONSTRUCTION, INC. (“West Construction”), and PHILADELPHIA INDEMNITY INSURANCE COMPANY (“Philadelphia”) (collectively referred to as “Defendants”) and alleges: GENERAL ALLEGATIONS 1. This is an action for damages in excess of $30,000.00 exclusive of interest, costs and attomeys’ fees. 2, Lopez is a Florida corporation, at all times material hereto conducting business in Collier County, Florida, 3. West Construction is a Florida corporation, at all times material hereto conducting business in Collier County, Florida. 4, Philadelphia is a foreign surety at all times material hereto providing payment bonds for construction projects in Collier County, Florida, COL JER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/26/2020 01:37:59 PM5. Venue is proper in Collier County, Florida where the construetion project at issue is located and where the instant causes of action accrued. 6. All conditions precedent to maintaining the instant causes of action have been performed, excused or waived COUNT I: CLAIM AGAINST PAYMENT BO! 7. Lopez incorporates paragraphs 1 through 6 by this reference. 8. Lopez entered into an agreement with West Construction (the “Contract”) to perform various contracting work for the improvement of the real property identified as the Marco Island Executive Airport New Terminal & Associated Improvements Project located at 2005 Mainsail Drive in Naples, Florida (the “Project”). A copy of the Contract is attached hereto as Exhibit “A.” 9. In connection with the Project, West Construction, as principal, and Philadelphia as surety, executed and delivered a payment bond for the Project (the “Bond”), including obligations that West Construction and Philadelphia shall promptly make payments to all claimants supplying labor, materials, or supplies used by West Construction at the Project. A copy of the Bond is attached hereto as Evhibit “B.” 10. Lopez performed its work under the Contract until Lopez was forced to demobilize due to nonpayment. 11, West Construction and Philadelphia have failed to pay Lopez. in breach of the conditions of the Bond attached hereto as Exhibit “B.” 12, Lopez has suffered damages in the amount of $214,626.02 for work performed, exclusive of interest, costs and attorneys’ fees, as a direct and foreseeable result of West Construction’s and Philadelphia's breaches of the conditions of the Bond,13. Lopez has filed the instant action within one year of its last date of work at the Project. 14. As a direct and foreseeable result of Defendants’ failure to make payments to Lopez, Lopez has been forced to retain the undersigned law firm to represent it in this action and Lopez has agreed to pay it reasonable attomeys’ fees. Lopez seeks to recover its attomeys’ fees from Defendants pursuant to Section 255.05, Florida Statutes. WHEREFORE, Plaintiff, MIGUEL LOPEZ JR., INC. demands judgment against Defendants, WEST CONSTRUCTION, INC. and PHILADELPHIA INDEMNITY INSURANCE COMPANY, jointly and severally, for monetary damages, plus attorneys’ fees, interest, and costs, and for such further relief as the Court deems just and proper under the circumstances. COUNT Il: BREACH OF CONTRACT AGAINST WEST CONSTRUCTION 15, Lopez incorporates paragraphs 1 through 6 by this reference. 16. Lopez entered into an agreement with West Construction (the “Contract”) to perform various contracting work for the improvement of the real property identified as the Marco Island Executive Airport New Terminal & Associated Improvements Project located at 2005 Mainsail Drive in Naples, Florida (the “Project”). A copy of the Contract is attached hereto as Exhibit “A.” 17. West Construction breached the Contract attached hereto as Exhibit “4” by failing or refusing to render payment when due in accordance with the terms of the Contract. 18. Lopez performed its work under the Contract until Lopez was forced to demobilize due to nonpayment.19. Asa direct and proximate result of West Construetion’s breach of the contract, Lopez has suffered monetary damages totaling $214,626.02, plus anticipated lost profits on the unperformed work, in addition to interest, costs and attorneys’ fees. 20. — Lopez seeks to recover its attorneys’ fees from West Construction pursuant to Article 10 of the Contract. WHEREFORE, Plaintiff, MIGUEL LOPEZ JR., INC demands judgment against Defendant, WEST CON! UCTION, INC. for monetary damages, plus attorneys’ fees, interest, and costs, and for such further relief as the Court deems just and proper under the cireumstances. Respectfully submitted this 26th day of August, 2020. JASON D. KATZ P.A. s/ Jason D. Katz, Jason D. Katz, Esq, Florida Bar No. 013593 jason @jkatzlaw.com 3325 S. University Drive, Suite 210 Davie, FL 33328 Tel: (954) 494-5732 Counsel for Plaintiffwae 17 18 19 20 EXHIBIT "A" ib SUBCONTRACT ‘This agreement is made this. dayof___, 2019, by and between WEST CONSTRUCTION, INC. (Contractor) and_Miguol Lopez Jr. Inc, Asphalt ttaintenance {Subcontractor to perform the Work Idenified In Article 2 In accordance with the Project's Contract Documents, PROJECT: 18-1905 MARCO ISLAND EXECUTIVE AIRPORT NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS 2005 Mainsall Dr, Naples, FL 24114 OWNER: COLLIER COUNTY AIRPORT AUTHORITY 3827 Tamiam! Trail East Naples, FL94112 ‘ARCHITECT Schenkel Shultz 200 East Robinson Street Sulte 300 Orlando, FL 92801 407 872- 3322 CONTRACTOR: WEST CONSTRUCTION, INC. 820 NORTH 4" STREET LANTANA, FL 93462 SUBCONTRACTOR: Miguel Lopez Jr. Inc, Asphalt Maintenance 21005 Taft Stroot Pembroke Pines, FL.93023 1954 749 7234 Lo Excavaron 6-Hiai = ne loader Obeat Be Geoekee te power ammcles 5 rind tlon- Eifel, CONTRACT PAYMENT, The Contractor agrees to pay Subcontiactor for satisfactory Peroianes of) SD Subcontractor's Work the sum of Schedule of Values 14, 490 Mobllzation 1 [us [si200000] $2,000.00 4] P-420-1, Remove Existing Water Main 4250 | LF $13.50 | $16,875.00 2[ p-120-2 | Remove Esting 12-inch Eluant Mala 4a0 [ur | $2000 | $9,600.00 | P-120-3 Remove Existing Force Main 420 | LF $14.00 | $5,880.00. 4 P.t204 | Abandon and Grout Existing {2inch Etfuent Mein | 1260 | uF | s7.00| $0,920.00 5| P1205 | Abandon and Grout Existing Force Malin a7o {ur | 11.50 | $4,255.00 6 | P-120-6 Miscellaneous Demolition 02 |LS $2,611.00 | $522.20 SUBCONTRACTORS INITIALS GENERAL CONTRACTORS INITIALS,aw ac Aspe Mg Her TE PI |b peta ion: {ror Tabet Sa | P-125-2 | miscellaneous Concrete Pavement Removal so| sy | $25.50] $1,275.00 to] P-151-1_ | Clearing and Grubbing olsy $0.87 | $0.00 11 | p151-2 [Fence Removal o fue $400 | $0.00 ta|pts24 | embankmentin Place LAB FL Gujp-0n ly |_sro| cv $8.00 | 2,960.00 14| p.152.9 | Muck Unsuitable Excavation PTT oley $13.00 | $0.00 ‘Subgrade Compaction, 6-Inch Depth (05% 15] P1624 | Compaction) 2058 | sy $2.25 | $4,626.00 “Temporary Polullon, Erosion, and Sitation Control 16 | P-156-1 Bid) | (Sho Base | ts_| $10,000.00 | $0.00 DRAINAGE $0.00 17| 0-701-1 48 Reinforced Concrete Pipe ZAst7/istton Only | 108 | ur $45.00 | $4,860.00 48 p-701-2 | 24 Reinforced Concrete Pipe Disfa/hden aly |_190| uF 50.00 | $9,500.00 49| 0701-3 {80 Reinforced Concrota Pipe LUSty//onin dhly | ss | ur $3,190.00 20[0-751-1 | FOOT Type 8 Manhole 07 | EA $1,225.00 21] o.761-2 | FOOT Type @ Ditch Bottom nlet_Prsty/lafion Cilyl 0.96 | eA $1,470.00 22 | D-752-4 FDOT 80-inch Mitered End Section Dusfyllofren Oyy | 1 | EA $2,700.00 FDOT-160-1 fs 23 | Compaction) | subgrade Stabilization, 12-Inch Depth (100% 2640 $9,900.00 24 | FooT-285-1 | FDOT Index No. 514, Optional Base Group 5 3900 $46,800.00 27| ss1100-1 | Temporary Utities 02] ts | $19,600.00 | $2,700.00 28 3311002 | Connect To Existing MIU Main with Valve 1] | 8,760.00 | $8,760.00 '391100-3 | Relocate MIU &-Inch BFP/ Master Meter Assembly and 2a | boca add 1a | sa,970.00 | $8,970.00 30 | s91100-4 | 24nch PVG Pipe, Water Main (Incl. Fitings) seo [ur | $25.00 | $9,726.00 31 3911005 | 1-inch HDPE Pips, Water Maln (Incl. Fittings) 170 [uF | $26.00 | $4,250.00 E-lnch PVG Pipa, Off-site Water Main Extension (inl. 36| sa1100-10_| Fitings) ots _| $44,000.00 | $0.00 Tap and sioove 1 [1s | 9,840.00 | $9,840.00 ‘Sample Point [ea | $200.00 | $2,700.00 SANITARY, $0.00 38 | 399400-1 | Water Main Demottion And Temporary Senvice Bypass |_0.5| ts | $2,000.00 | $1,000.00 39 3934002 | taInch PVG Pipe, Event Main (Incl. Fitings) olur | s61.00 | $0.00 ‘12:inch Gate Valve & Boxes (Incl. Shutdowns) 40| 3934009 _| (Etiuont) ol ea | $2,500.00 | $0.00 41 | 399400-4 | Fores Main Demoition And Temporary Service Bypass | 0.5L | $2,000.00 | $1,000.00 42 | 999400-5 | Connect To Existing MIU Force Main with Valve 1 {ea | $1,800.00 | $1,800.00 43 | 3994006 | 2-inch PVC Pipo, Force Main (Incl. Fitings) s20 [ur | $25.00 | $8,000.00 44 | 339400-7 | 2.Inch HDPE Pipa, Fores Maln (Incl. Fitings) 620 [ur | $25.00 | $17,250.00 45 | 333400-8 | Precast Concreto Sanitary Manhole 17 [eA | $4322.00 | $7,947.40 46 | 3334009 | s.inch PVC Gravity Sewor 240 [ur [$61.00 | $14,640.00 47| 393400-10 | 6.inch PVC Lateral 170] ur _| $60.00 | $10,200.00 48 | 393400-11 | Isolation/Check Valve Vault Tigh flahios gil 1} ea | se00.00 | $600.00 49 | 338400-12 _| Connect To Existing Giil Ai Patrol Lift Station + [ea | $2,400.00 | $2,400.00 ‘SANITARY, MAN 3|eA b.00 SUBCONTRACTORS INTTIALS, x ZA GBNERAL CONTRACTORS INEETALS,Sreesden Swale. Sachin m Page CL.B5, Il 1S, 0. dine FH Unit cost ts ch Hin Wonk ox to sdiedule of Polar - tee denned) Holes His Waele Cushallefin 1s nef indheded of Pe GZ st [eters —[earng end Gruving Mo Hatelh g 1172 | sy |279 sxeo] 1,172.00 s2|p.152-1 | embanimentin Piacs EQUpmend Liber Owy | 737 [cv i $00 _ $7,006.45 ‘Subgrade Compaction, 8-Inch Depth (95% 54 | P-152-4 Compaction) 1460 | SY $15.78 | $23,038.80 55 | P-152-5 Borrow Excavation (A-3 Pond Material Offsite) 8400 | CY $19.80 | $166,320.00. Additional Temporary Pollution, Erosion, and Slltation 56 | P-156-2. Control (Site Bid Alternate 1) 4 oj} Ls $4,000.00 | $0.00 ae s7| 0701-2 | 24 Reinforced Concrete Pine Welding Hokaal | oli [nd Ys [$5,550.00 SF s8| 0-701-9 | 30° Relnforood Concrete Pipe, Class IN Fach. Hefiwed 170] uF | gf 5) | $16,150.00 59] 0-751-1 | FOOT Type 8 Manhole 0350 | $4,322.00 | $1,512.70 S x co 0.7622 | 24 tohicred Concrete Poo PIGnH Onl 2fen Ip/2 00. [es.10000 61 | 0-752-3 FDOT Type H Ditch Bottom Inlet (Modified) (Larg& 8'9") 2] EA _| $10,500.00 | $21,000.00 62| 0752-4 | Fip Rap, Broven Concrete 6- 18" ts0{sy | 75.00 $11,250.00 FDOT-160-1 83 | Compaction) | Subgrade Stabilization, 12-Inch Depth (100% 3600 | SY $3.75 | $13,500.00 84 | FDOT-285-1_| FDOT Index No. 514, Optional Base Group 5. 700 | SY $12.00 | $8,400.00 FDOT-285-2 | FDOT Index No. 514, Optional Base Group 1 2900. $9.00 | $26,100.00 55 sy CB Kircaer toper de gre wall Aor Be Pes pons ble BL Week euspledl by Slaz Aa Za proses pagers, ay lanags ol Tan Los teGarh shal bam io Subominesy tf Man cisiee 23°" performed no later than ton (10) days after recelpt by Contractor of payment from Over for Subcontractor's Work. 24 ~~ When all work, (progress and final) is complete and finally accepted by the Architect, Owner and General Contractor, 25 and as a condition precedent, final and progress payments of the balance due Subcontractor are contingent upon 26 receipt by the General Contractor of final and progress payments from the Owner for the Subcontractor's work. These 27 payments, (both progress and final) are subject to receipt of lien and bond waivers produced on West Construction 28 Inc standard release of Yen and ci form with specie language and fs attached herewh es exhib "2". Al 29 affidavits, warrantios and guarantees as may be required by the Contract Documents of Contractor on the 30 subcontractors work and materials will be provided as a condition precedent to final payment. Pay Applications will be 31 on the attact 1-702 and G-703 forms. As a condition precedent to first payment and all succeeding 32 payments, the subcontractor will deliver to West Construction Inc. a fully executed Corporate Resolution signed by 33 the Corporate President and Secretary giving a person(s) the authority to sign on behalf of the corporation, The 34 resolution willbe signed and notarized with the corporate ralsed seal. A sworn affidavit by the Board of Directors of 35. the corporation, (giving authority to the President or Secretary) will accompany the resolution, (attached for your 36 use), In the event of a non-corporation, a letter signed and notarized by the licensee and/or qualifier will bo 37 ak i, ae Ghani onthe Schuck of Velux. only fir. Mefesance. - 3 Igoe oper sth Tha Will be Pio by oh He guanhties 40 ‘wshalled malliple by fhe sam ut Fc 41 SCOPEOF WORK. The Subcontractor will supply and furnish all labor, faferials, licenses, scaffolds, tools, 42 permits, supplies, equipment, services, fecllles, supervision, and all else not specifically noted but required to perform 43 all work, In the complete performance and highest quality, as required by all Articles Indicated hereln, and as denoted 8 44 below, per plans, specifications and addendums, but not limited to the folowing: 45 46 47 ‘SUBCONTRACTOR TO FURNISH AND INSTALL ALL: ITEMS LISTED IN ARTICLE 4 SCHEDULE OF 48 VALUES INCLUDING Bt LIMITED TO PERFORMING ALL EARTHWORK, ALL CLEARING AND 49 IBBING, PERFORMING ALL SITE WORK, FURNISH AND INSTALLING ALL UNDERGROUND 50 ‘UTILITIES - ALL SITE PLUMBING. 31 REQUIREMENTS PER THE IFICATION LL ADDENDUMS, 52 ‘53° Ubtty Materials will be provided by west consjructlon Inc. a vue SUBCONPRACTORS TNETI‘Subcontractor acknowledges that they are responsible for the badging of their employees prior to mobitzing on- site. Fingerprints and background checks are required forall contractors entering a county building, of working In ‘a secure location. Belov the link for the badging instructions, hupsiwww.colli ur-government/divisions-f-1/facilities-management This subcontractor agrees to abide by all safely requirements of West Construction Inc and the OSHA Safety Standards for the Industry. Subcontractor will forward his written safely polices to West Construction Inc within 10 days of signing this agreement, ‘This subcontractor wil perform all fre patching resulting from this subcontractor’s work. ‘Spare patts, special tools and training where required are by this subcontractor Provide mobiizatons as necessary. CConclct all operations to ensure minimum Interference of public or private roads, streets, driveways or walks. Restore damaged improvements to original condilon, as acceptable to property Owner, itis understood and agreed that eny costs for Subcontractor's employee parking required forthe Projects Included In this Agreement and sto be paid by the Subcontractor. ‘Subcontractor will be responsible for supplying lis own Ice, water, cups, dispensers, temporary electric for small tools, etc,, for all Subcontractor's employees and/or second ler subcontractors during the course of this Agreement. Subcontractor has femilarzed self with the Project site and conditions, surounding steels, access and congestion and wil coordinate deliveries, storage, timing, fe. and comply with reasonably requests and ‘oquirements of WEST CONSTRUCTION INC and the authorities having jurisdction over the surrounding streets. A competent foreman or superintendent, satisfactory to WEST CONSTRUCTION INC, will be furnished by ‘Subcontractor. The superintendent or foreman will maintain schedules and perform the Subcontractor's phases of ‘work at all times In coordination with WEST CONSTRUCTION INC. The “Competent Person’ wil also have the authority over his own workforce to enforce safety practices in accordance with subcontractor's written safety plan and in accordance with West Construction's wren safely policy. West Constructions writen safely policy will lake Precedence over the subcontractors safely policy. ‘Subcontractor shall work with the WEST CONSTRUCTION INC’s Superintendent who shall coordinate all phases fof Work. I at any tima the Subcontractors Project superintendent or foreman is deemed not competent in WEST CONSTRUCTION INC's viewpoint, Subcontractor will replace with another when requested by WEST CONSTRUCTION ING, Subcontractor covenants and agrees io comply In all respects with Immigration Reform and all rules and ‘regulations adopted pursuant thereto, and agrees to Indemnity and hold WEST CONSTRUCTION INC harmless of and from any claims andfor demands asserted against WEST CONSTRUCTION ING andor any costs or expenses suffered or incurred by WEST CONSTRUCTION ING, Including attomey's fees as a result of Subcontractor’ falure or alleged failure to comply wth such act, rules or regulations. ‘The Subcontractor In making or ordering shipments shall not consign or have consigned materials in the namo of WEST CONSTRUCTION INC. WEST CONSTRUCTION INC shall not make payments for shipment charges made by or fo the Subcontractor except at WEST CONSTRUCTION INC's option, in which case the Subcontractor shall relmburse WEST CONSTRUCTION INC for such expense, plus @ service charga of twenty-tive (25%) percent of the amount so pald. WEST CONSTRUCTION INC shall have right fo designate the carrier or ralroad for which all pats gue tm Wah, oh berohnped by protie tha e Subookacioyy cost je ook Meopned thereby. This Agreement, or any part of it, shall not give third parties other than Owner any claim, demand or right of action against WEST CONSTRUCTION INC or Subcontractor beyond those that exist in the absence of this Agreement. WEST CONSTRUCTION ING will not be responsible for loss or damage to thie Work Included In this Agreement Until after writen final acceptanco of the Work by the Architect, Owner and WEST CONSTRUCTION INC. Nor shall WEST CONSTRUCTION INC be resgonsible for loss or damage to materials, tools, or appllanceayot the Subcontractor used or obo used during eafiruction of Work, however caused. GENERAL CONTRACTORS INI SUBCONTRACTORS INITIALS.110 11 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 BI 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153, 154 155 156 157 158 159 160 161 162 163 164 165 Wan this Agreement provides for noice, R may be gWen by WEST CONSTRUCTION INC in the folowing fashions: (@) Registered or certified mail, addressed to the place designated in this Agreement, (©) Awrting detvered to the place designated inthis Agrooment or to Subcontractor’ foreman ‘or superintendent at the Project site, (¢) Orally to Subcontractor's superintendent or foreman at the Project site in an emergency, (® Telephone to Subcontractor at the place designated in this Agreement if Subcontractor is, Indefauit. ‘Any notice to Subcontractor wil be given et the address designated in the heading if this Agreement unth changed in writing by the Subcontractor. Unless otherwise specifically provided, forty-cight (48) hours nolice shall be given by WEST CONSTRUCTION ING. Notice time shall stert from the time it Is given or from the time of telephone notice from WEST CONSTRUGTION ING. Clean up daily and dispose of trash fo West's Container on site, Failure to clean up will result in a back-charge of ‘$25.00 per man-hour expended on cleaning up. Provide Submittals that shall include but not be limited to the following: Subcontractor 1 submit one color electronic copy of all required submittals Including product data and shop drawings as Indicated In the contact documents, for review and approval by WEST CONSTRUCTION INC and the Design Architecifengineer and Over. ‘This sulicontrac is contingent upon the approval of your product by WEST CONSTRUCTION INC and the Design ArchitectlEngineer and Owner, ‘Submitals shall be delivered to WEST CONSTRUCTION INC within five (6) working days of acceptance of this ‘2greement. Corrections to submitals shall bo answorod and resubmitted within one week of recelt of rejections. Three sets of closeout documents including as-buils, all startup information, manufacturers, distributors, cut sheets and warrantee, and contacts are to be submitted If requested by WEST CONSTRUCTION ING, Subcontractor must be represented at each coordination or safely ‘meeting by a person or persons authorized to make decisions and commitments regarding schedules, craw sizes, soquenco(s) of Work and similar scheduling matters on behalf of sald Subcontractor or their subcontractors. allure toattend any meeting will constitute acceptance and knowledge of any matter discussed therein. Subcontractor will be responsible for the storage, protection and thet of, (his ovn) stored materials delivered and slored on site, If Subcontractor delivers material to Project i may request payment for same, however, once ‘Subcontractor is pald for same this does not consilute acceptanco by Ovner, Architect or WEST CONSTRUCTION ING and all damage, loss or theft determined at a later dato wil be the responsibil of the Subcontractor to replace with same at no addilonal cost to Owner, Architect, or WEST CONSTRUCTION INC, No materials will be paid for if they are not on Project site. ‘Should tha subcontractor nead an on site storage of office taller, all foos associated with the temporary facity shall bo the sole responsibly ofthe subcontractor, WEST CONSTRUCTION INC vil provide the location for any trallers ‘and will equi that alloca, slate and federal codes be complied with atthe sole expense of the subcontractor forthe temporary facies, WEST CONSTRUCTION INC will not be lablo for the contents of the temporary storage or ofices in any way whatsoever, WEST CONSTRUCTION INC at its solo discretion will qualify the storage/otfioe facilis as suitable forthe sito, suitable for storage and suitable for occupants. Unsightl trallers will not be permitted. WEST CONSTRUCTION INC will provide 2 weeks notice to the subcontractor when tho trallors} needs to be removed. If the falls to move the facities, WEST CONSTRUCTION INC wil have itthem towed to an impound, (without further notice) and any end all expenses will bo borne by tho subcontractor. The subcontractor will not display any signs on the property without the permission of WEST CONSTRUCTION INC. ‘When itis useful or necessary for WEST CONSTRUCTION ING to do so, it may occupy or use any part of the Project that is either partly or fully completed by Subcontractor before final Inspection and acceptance by Owner, Architect and WEST CONSTRUCTION INC, but these or occupancy shall not relieve Subcontractor fr nteo of SUBCONTRACTORS INDTIALS GENERAL cowrRAcTORS xNrET)166 Work and materials and or its obligation to mako good any defect in materials or workmanship or both that develops 167 _ belors WEST CONSTRUCTION INC's release from responsibilty to Owner. Subcontractor shall not be responsible 168. for tho maintenance of tho part of the Work used or occupled by WEST CONSTRUCTION INC or Owner, of for any 169 damage to It that is caused by the negligence of WEST CONSTRUCTION INC or Owner duting the use or occupancy. 170 All work described above (hereatter called Work) will be performed In complete accordance with all drawings, 171 specication secon, addendum, siding and contact requements, general conon, spell provons, Dison, 172 Ono (1) genoral requirements and as denoted on Exhibit ‘A' attache 173 Documents), all as prepared by the Architect or Engineer, Schenkel Schultz, fete called Architects) for the 174 —consiructon of MARCO ISLAND EXECUTIVE AIRPORT. ERMINAL IMPROVEMENTS 175 oveter ated Prejeo)-lusated at 2005 Mansa i Nagi, EL aati fa tho Owner Call Gountv Alport 176 Authority (hereafter called Owner) al adaonallyn strict accordance with the contract between the Owner and West 177 Construction inc. dated TBD and any other items that are part ofthe contract between West Construction Inc. and 178 Owner al of which form this Agreement and bind Subcontractor to West Construction inc. in the same manner WEST 179 CONSTRUCTION ING. Is bound to the Owner, All Work must also be Installed In strict accordance with al local, state, 180 and federal codes and local ordinances and must comply with all applicable Occupational Safety and Health 181 Administration (0.S.H.A) requlroments and regulations. The scope of Work denoted above Is showin for convenience 182 and general understanding and Is not intended as a definitive scope of Work. Subcontractor Is still responsible to 183 supply and pero el meters and abo equited for completion ofthe Projet. 185 ARTICLE 3 186 TIME TO COMPLETE WORK: Subcontractor will prosecute and execute Work in a diligent, workmanlike, 187 professional, and efficient manner when all or any part of the Work becomes available or at any other me WEST 188 CONSTRUCTION INC. requests and/or directs. The subcontractor will perform Its kc lis 189 than § days @ week and minimally not less than 8 }ours par day. Any or all Work will commence. when 190 directed (verbally or in wring) by WEST CONSTRUCTION INC's Project Superintendent or Project Manager. The 191 Subcontractor wil comply with any addtional drawings; specifications, sketches, or explanations Issued by the 192 __ Architect or WEST CONSTRUCTION INC. to further describe or Indicate the Work to be pertormed. Any decisions 193 © hada by tho Architect regarding the intont ofthe Contract Documents wil be final. Subcontractor shall not delay or erfere with the work of WEST CONSTRUCTION ING. or any other Subcontractor. Materials furnished by ubcontractor shall bo furnished In time to perform and complete thelr Work within the time provided. Ost '96/Yp shal Tein{DarSWEST CONSTRUCTION INC. alPiqietere aoe {WEST CONSTRUCTION 197// INC. atibutabie to Subcontractors fallue to pérform ihe Work requlred by this Agreoment within tho time denoted 1987 in the Contract Documents or specified in WEST CONSTRUCTION INC’s Project schedule, Upon written request 199 by WEST CONSTRUCTION INC., Subcontractor shall furnish such evidence, as WEST CONSTRUCTION INC. 200 requires, concerning Subcontractor's ability to perform the Work in this Agreement in the manner and time 201 specitied. ‘This Project is governed by a proaress schedule which wil be updated weekly or monthly by WEST 202 CONSTRUCTION INC. and must be sticlly followed. Failure to adhere to any portion or all of the progress 203 schedule shall be deemed a breach of Subcontract Agreement and upcn forty-eight (40) Hours notice WEST 204 CONSTRUCTION INC. may seok such remedies as specified In Atiie Five (6) herein, lf Subcontractor is delayed 205 or hindered by acts of Owner of other subcontractors, Subcontractor may request an extension of time for 206 performance but will not be entitled to an Increase in the Contract Consideration amount, damages or additional 207 compensation because of delay or hindrance, except to the extent that WEST CONSTRUCTION INC. Is entitled 208 compensation from Owner. 210 No extension of time wil allowed to Subcontractor unless he makes a written request to WEST CONSTRUCTION 211 INC. within forty-cight (48) Hours alter the reason for the extension occurs or within time period the Contract 212 Documents indicate, therefore, allowing sufficient time to permit WEST CONSTRUCTION INC. to give notice to 213 Owner within he time allowed by the Contract Documents. No extension of time will be allowed to Subcontractor for 214 his delay In preparing submitals, securing approval of them from Architect, Improperly prepared submittals or when 215 Subcontractor could have anticipated and avolded the delay by the exorcise of reasonable dligencs or good business 216 judgment, 218 WEST CONSTRUCTION INC. will not be lable to Subcontractor for delay to Subcontractor's Work because of the act, 219 neglect or default of Owner or Architect, fre or other casually, rots, labor and supplier strikes or combined action of 220 tho Subontractors own personnel ‘or Sub-subcontractors, acts of God, other causes beyond WEST 221 CONSTRUCTION INC's control, or any circumstances caused or contributed by Subcontractor. Subcontractor has 222 included sulliclent moneys to furnish all of their resources Including, but not limited to, additional wer and SUBCONTRACTORS THITT GENERAL CONTRACTORS INTTIALS224 226 24 281 denoted in the Contract Documents and WEST CONSTRUCTION INC’s progress schedule, and according to Work sequence which may be modilied from tine to time by WEST CONSTRUCTION INC. as the progress of the Work dictates, Time is of the essence in this Agreement, ARTICLE 4 CHANGES, ‘Contractor, without nullying this Agreement, may direct Subcontractor in wring to make changes to ‘Subcontractor's Work, Adjustment, any, In the contract price or contract time resulting from such changes shall be ‘set frth in a Subcontract Change Order pursuant to the Contract Documents and in accordance with Article 16 of this agreement. NO CHANGE ORDER WORK IS TO BE PERFORMED WITHOUT A WRITTEN CHANGE ORDER FROM WEST CONSTRUCTION INC. CORPORATE OFFICE, SIGNED AND ACKNOWLEDGED BY A WEST CORPORATE OFFICER. NO EXCEPTIONS. ARTICLE 5 ‘TERMINATION, NOW-PROSECUTION/DEFAULT ‘TERMINATION: WEST CONSTRUCTION ING shall have the right at any time, on not fess than three (8) days prior writen notice to the Subcontractor, 10 terminate this Agreement without cause andior for WEST CONSTRUCTION INC's convenlence including, but not limited to termination in the event that {a) the Project is abandoned by WEST CONSTRUCTION INC; and/or b) WEST CONSTRUCTION INC's Contract Is terminated, suspended or fs modified by the Owner andior the Owner's agents. Upon recelpt by the Subcontractor of such notice of termination (and the *Date of Termination”), the Subcontractor shall mmediataly discontinuo the Work and remove its equipment and employees from the Project location. In the event of termination for convenience, the Subcontractor shall have the right, as its sole and exclusive remedy, to recover from WEST CONSTRUCTION INC payment of the Contract Sum for Work performed up to the Date of Termination (less any payment mado to the ‘Subcontractor by WEST CONSTRUCTION INC). In addition, without terminating this Agroement as a whole, - WEST CONSTRUCTION INC may, for convenience, terminate’a portion of this Agreement (by reducing, In such manner as WEST CONSTRUCTION INC deems appropriate, the scope of the Work to be performed by the ‘Subeontractor). In which event such termination of a portion of this Agreement shall be treated as a reduction In the scope ofthe Work, to which an equitable reduction shall be made to Subcontract Sum. NON-PROSECUTION/DEFAULT: If Subcontractor falls to promptly and dlligently prosecute his Work, pay for all labor, materials or suppltes used by him, comply with any time or performance requirements pursuant to this ‘Agreement or the Contract Documents, provide safe faclitles for the Work and iis inspection, remove Work not ‘approved or rubbish as directed, supply sufficient skilled workmen to execute the Work, property coordinate his ‘Work with that of other Subcontractors, release any liens or notices of intent to llen claimed against the property on hich the Work is being performed, maintain tho Insurance required by Article eleven (11), withhold all taxes or contributions required by federal or stato law, comply with any Agreement to which the Subcontractor or WEST CONSTRUCTION INC. is a party to, or prosecute the work, because of strikes, pleketing, or disputes with any labor Individual, group, organization or’ corporation, or breaches any other provision of this agreement, WEST CONSTRUCTION INC wil give the subcontractor a 48 hour writen notice of Intent to terminate the subcontract. WEST CONSTRUCTION INC. may hire another Subcontractor to complete this Subcontractor’s Work after @ ‘second forty-eight (48) hour notice from WEST CONSTRUCTION INC, If the subcontractor, In West Construction’s ‘pinion falls to supply adequate manpower to keep with the pace ofthe project, Keep with the approved schedule or otherwise falls to comply with a writen notice of fallure to supply an adequate workforce than West Construction ‘may at its option supply tho manpower it feels necessary to complete the tasks In a timely manner. The cost of the ssupplomental manpower wil bo deducted from any money duo, (or to become due) the subcontractor as a deductive change order before any payments, (current or past) are paid. Deductive change orders for these ‘Supplemental manpower costs will be calculated at the tradesman's gross pay plus all labor burden costs not fo ‘exceed 160% of the gross hourly wage, 1f Subcontractor to whom notice of defaults given, corrects the default or complies with WEST CONSTRUCTION INC's request within the time specified in the notice, this Agreement shall remain In force. If Subcontractor Is In default, WEST CONSTRUCTION INC. may contract with another Subcontractor to complete Suboontractor's Work cr complete the Work himsell, and in elther event, may take possession of all materials, supplies, tools and equipment of Subcontractor on the Project site’ to completa Work, The cost of completion ‘by WEST CONSTRUCTION ING. and related subcontractors/vendors shall be deducted from any money due or to become duo Subconzaco, thar isa dafctoncy of maneys to completo Wort, Subconractr wil pay the balance fo WEST CONSTRUCTION ING, on demand! If Subcontractor falls to pay for materials, “es ‘WEST GENERAL CONFRACTORS INETTA SUBCONTRACTORS INITESTS.284 285 331 333 334 335, 336 337 338 ‘Subcontractor and deduct these costs from Subcontractor. WEST CONSTRUCTION INC. may retain any sum due to S duo or to become due Subcontractor including BisfQnt63 pl id extended general condllions resuling from subcontraclor’s non-performance and Indemniication losses. WEST CONSTRUCTION INC, may Iikewise retaln a ‘sufficient sum to protect themselves from any clalm or demand asserted against them by a third party erising out of ‘Subcontractor's Work untl It Is satisfied and resolved, No waiver of a default Is a waiver of another or subsequent default. The defauiting party shall pay all expenses, costs and attorney's fees for trial, appeal or otherwise caused by his detault In addon to eny loss or damage caused thereby with Interest on the total sum at the present ‘maximum legal rato. Payment ofall or part ofthe specified tems doos net relieve Subcontractor ofits obligation to perform this Agreement. All rights and remedies in this Agrooment aro cumulative to each other and any others siven by law. MWEST CONSTRUCTION INC. has another Agreement with Subcontractor and Subcontractor defaults under that Agreement in any manner and WEST CONSTRUCTION INC. declares Subcontractor in default under i, it Is @ default under this Agreement also and WEST CONSTRUCTION INC. may take any and all action available to it tunder this Agreement or may terminate this Agreement. If Subcontractor files a petition for bankruptcy, or a petition Is fled against Subcontractor, or a receiver is appointed for Subcontractor, or Subcontractor makes an assignment {for creditors, or is subject to an Insolvency proceeding of any kind, this Agreement may be terminated forthwith by WEST CONSTRUCTION INC’s notice to the Subcontractor. In the event WEST CONSTRUCTION ING. terminates ‘Subcontractor for any cause under the terms of this Agreement and it Is later dotermined by a Court of competent Jurisdiction, by arbitration or other similar proceeding, that such tormination for cause was not justified, then in such ‘event such termination for causa shall automatically bo converted to a termination for convenience under the terms of this Article. COMPLIANCE WITH LAW AND PERMITS: The Subcontractor yl provide a copy of his valld State/County and Giy Cocupational License[s), copy of Permit for the project, (oF application for permi) and a copy of his Local Business Tax receipt within § days of signing this agreement or the agreement wil be considered null and vold, The Subcontractor shall obtain and. 3 its, icenses and Inspections pertaining to the Work and shall keep and have avaliable al records and make all payments, reports, collections, deductions and otherwise do all things to comply with all federal, state and local lav, ordinances and regulations as they affect its performance of thls Agreement Including, but not limited to, those relating to production, purchase and sale, furnishing and delivering, pricing and use or consumption of materials, supplies and equipment; hire, tenure or conditions of employment of employees and their hours of work and rates of and the payment of thelr wages, and payment, collection, and deduction of federal, stato and local taxes and contibutlons, whether provided for by the Contract Documents or not so provided for without additional charge or expense to WEST CONSTRUCTION INC., and shall be responsible for any and all corrections of any violations thereof to the Work included In this Agreement. The ‘Subcontractor shall ndemnily and hold harmless WEST CONSTRUCTION INC. from and against any and all oss, expense, damage or inlury caused or occasioned, directly or Indirectly, by its falure to comply withthe provisions of the sald laws, ordinances, rules, regulations and requirements, Subcontractor vill at any time upon demand, furnish to WEST CONSTRUCTION INC, an affidavit showing such compliance on its part. This Agreement shall be ‘construed and enforced in accordance with and under the laws of the State of Florida and, should any provision hheteof be found to be invalid by a court or courts of competent ae shall not invalidate the QONSTRUCTION INC. may pay for them sigey>eRer riovce (factor, regardless of a default, from any payment remaining provisions of this Agreement. ( Ram Pees te be pnp by Wed eet ION. To the fullest extent permited by law, the subeoracer Saresty agosto nd and holt harmless WEST CONSTRUCTION ING,, the Project Owner, the Project Architects), and the Project Engineer(s) and thoi respective offcers, directors, agents, and employees herein called the ‘indemnitees" from any and all lablily for damages, including, if allowed by law, reasonable altomney's fees and court costs, such legal expenses to include costs incurred in establishing the Indemnification and other rights agreed to In this Arce, to persons or properly caused in whole or in part by any act, omission, or default by the Subcontractor or ts sub-subcontractors, material men, of agents of any tier or their employees, arising out of this Agreement or is performance, Including any such damages caused in whole or in part by any act, omission, or default of any indemnitee, but specifically excluding any claims of, or damages against an Indemnitee resulting from such indemnitee’s gross negligence, or the wilful, wanton or intentional misconduct of such indemnitee or for statutory violation or punitive damages except and tothe extent the stay von or gun damages aro used by or rea from tho cso omissions oh Sucontaca os ‘sub-subcontractors, material men, or agent Yok any ter or thelr respective employees. Provided, howgZbq that any supconrmactons TWrmraLs_——* GENERAL CONTRACTORS INITIAL339 340 341 342, 343 344, 345 346 347 348 349 350 351 352 353 354 355, 356 357 358 359 360 361 362 363, 364 365 366 367 368 369 370 371 372 373 374 375, 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 301 392 303, 304 Lanai Fda 30462 Cty, Stte, 2p Pye Pes FL. 93008, ‘Gountry Une Sales County USA, Phono et-se62027 Phong 4ct407254 Fee ‘eorsezants Fax ‘You are alreote to make th following changes to thie Subcontiact: fel utr otra ec at ny, cu Su 2 a ns ray id Ander RP) spreader ayaa im vot and Cela tem oeston bo). equrmak rene on ees exc, fan ‘oer ondratholseochbaeprondad) WE Lopecopamiestotectogipnertesierom. Ping ate Citta Subcratashal etp,reaat ee wa ona cease doyle eater ("Punp ae Kety Tbe warped fer fat unto pied by eles Contac aimee Tuer noid nd aja sam cents congestion neh maha oy ery oak ol ger aed aon poss cana was igs ee Gitinal Subcontract Pica sssn tse Nechange by previous Evbootradt Charge Orders sgr000) ‘Sibconval Amount Pio his Chango ‘maT ‘Anan of is Gubooniract Change Orr $1005.00 ‘Ruvsed Subconvact Amount, locking this Subcoriract Change Oar sisson “The Coolsat ine doo ti's Chango Ordor hs increased by 6 Wiatdng Bayo Response: CHAoopt 1 DONtAcopt con 4030500 | 1859500 Erpavel & eave Muck odned in Proposal #60850 dled TWAS Subotal= $18,298.00 “Toes $000 ‘olat = $14,20800 Pages ofSubeontract Change Order (SCO) = ee me oe | O52 We MARCO ISLANO AIRPORT NEW TERMINAL scou oes Adress 05 Mala DF eso Dal 45Nov2010 Subject URS asian iy, Stil, 2ip "Naples Fo: Countey San ‘Contact wet ineteton ie, ‘Conspanp egult.opaz Ina Asphal Matananco 520 Nah thst ‘Address 2008 Taf Sect tort Fi S482 Cty, Ststs;2ip Pembroke Pine, FL 029, United Sats SSouttny UBA eptseoa0e7 hone ssera7234 aot-622418 Fox ‘You are directed to make the following changes to th's Subcontiact: ‘austin Wel Wl iatatalon Lor, corm wh lis & apace. WC! to provide heavy equipment (i. long reach excavatcr, crane, ftonl-end loader spel ete acs pte an deta setae hasnt pin, al eb SE ee a reece haiti Asfatharwndedtcod ts adsonent cars orient fol nas ond map cesta or ey tiriaitable to this change, arfor ipl sani ise = $eroige by peste chonge Ones eased Subconet Arun Pros Chenge, SaLeSaa2 Amount of this Subcordract Change Over {ae ed nat cr ng eis hang Cer suns ‘Th Can ne dwt it no Oxa hes ese by 0 Voto Dp resjnse:—Cihecgt DotA Mss Conseco no wd bbs uel UP OF Cnitoata] — ‘Subeoniract Chango Order Financlal Imps Ce STO ‘ [untaonistafalon as eulned mw Propcel #50851 deed TAD 4 1s. ‘otal =37,86000 Page oftEXHIBIT "B’ ALTER SURETY GROUP, INC. Bond Department - Public Works Bond In compliance with Florida Statute Chapter 255.05, the provisions and limitations of section 255.05 Florida Statutes, including but not limited to, the notice and time limitations in Sections 255.05(2) and 255.05({0) are incorporated in this hond by reference. Bond Number PBI2159900138, Contractor ‘West Construction, Inc, Address & 820 North 4" Street Phone No. Lantana, FL 33462 (561) 588-2027 Surety Philadelphia Indemnity Insurance Company Address & One Bala Plaza, Suite 100 Phone No, Bala Cynwyd, PA 19004 610-617-7900 Owner Name Collier County Board of County Commissioners, Florida Address & 3327 Tamiami Trail East Phone No. Naples, FL 34112 239-642-7878 Contracting Public Entity (if different from the owner) Address & Phone No, Contract/Project Number Contract No. 18-7240 Project Name Marco Island Executive Airport New Terminal & Associated Improvements Project Location Marco Island Executive Airport; 2005 Mainsail Drive; Naples, FL Legal Description And Street Address Description of Improvement: — Marco Island Executive Airport New Terminal & Associated Improvements ‘This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any provision of this bond which conflict with or ‘purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall bbe deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon, 00°28 934 wowo74 ALNNOD HaM109 14N0D LINOBID BHL JO WIT DONA "3 AHOIMNG ‘60L.Od b6P9 HO 9EPOESS BISNI 16 SaOVA Wd 08:2 BL0zIzZ/e GACIOITYEXHIBIT A 4: PUBLIC PAYMENT BOND Marco Istand Executive Alrport New Terminal & Associated Improvements Bond No,: PB12159900138 . Gontraat No. 48-7240 KNOW ALL’ MEN BY THESE PRESENTE: That West Construction, in. ‘ndpal, and aa i aaa ia Inderal ineuapes Company i a. Brel, Tehated at One Bala Plaza: Suite 100; ba soos 7 (Bitsiess Address) are held and firmly bound fo “ as Obligee In fhe ‘IM Of Nie ton Tvs Hun Hay Sx Tsiand Two Handed Shanes &Ton00 ($9.06 268.10. )for payment whereof we bind ourselves, our heirs, executors, personal representatives, meee ‘and assigns, Joinly and severally, wey 5. Pringgal a es entered info, a contact dated as of the 23. cay of s thé Obie. foF fn ji rane: ordaricg: i irawings -an¢ a long, .witiety contract 1s. aoa nde ce Kiem ye Gia «The Board of Coun Commissioners onda “WMareollnd Bxéeuve Alport New Terfnal& Azeoclted inirovemefts vation ta Bd No fis groyion a tata of ection 255.08 Fide ‘ Statutes, including but not imlta | Alaltatons i Setfons 258.05(2) and ~ tone ran “gSigned, sealed and delivered inthe presence of: AE to Principat ~ STATE OF Florida COUNTY OF _Miami= Dade __ Per Alached.Power of Altomoy - BY: NAWIES ie PRINCIPAL West Constructioy ‘porporalion, odied ay ot_ LB _ 20LE “ofWinesser Re Atiomeyin Fak ‘Attach Power cf Attorney) ‘Writen M Alter, Atomey-nacren ~@rinted Name) 7 (One Bala Plaza, Suite 100 ‘Baa Gund PA 19004-1403 (Business Adress) + 4610) 206-7636 ‘Gelephane NumberPILLLADELPHEA INDEMNITY INSURANCE COMPANY ‘One Bala Plas, Sie 100 ‘Bla Cyyd PA 190040950 Power of Attorney [KNOW ALL PERSONS BY THESE PRESENTS: lst PHILADELPHIA INDEMNITY INSURANCE COMPANY (ihe Company, a corporation organized and existing under the avs of he Commonveath of Pennaylvanis does hereby onsite and appoint David T, Satine, Warren Mi, Aer and Jonathon A ursevch of ‘Alter Surety Grown na ste and Tas Atoroey-in-t with lary to excout on ts bebal bends, underangs,recogaiances and other contacts of ‘ena sed weingsobtory inh ture thee, sted inthe cou ofits snes snd to Und the Copan thereby, na amount nto enced $25.00,000, “This Power of Atorey is grant andi signed and stale by fexinile under and by the aubory ofthe flowing Resolution aopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY cn the 1" of November, 2016. RESOLVED: That the Doard of Directors hereby authvies the Present or any Vice Present ofthe Company: (1) Appoint Atoms) in Fact and sure the Anoncys) ia Fact 10 ‘exces on behalf ofthe Company bos and undertakings, contracts of indemnity 2 ‘ther ings oblignoy in the ature thereof and to atsch the sel ofthe Comp=y thereto; and (2) (0 remove, at any fine, aty Such Atomey-n-Fact and revoke the authori given. And bet FURTHER RESOLVED: That the signatures of uch officers ad the seal ofthe Company may be affced to any such Power of Atlomey or etic refating thereto by fis, and ay uch Power of ‘Atorey so executed and eafed by Gsm signatres and facsimile seal stall be valid and binding upon the Company in the fuure with respect to any bond or ‘undertaking to which tis ataced INV TESTIMONY WHEREOR, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND TTS ‘CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27™ DAY OF OCTOBER, 2017. Robert O'Leary J, President & CEO Philadelphia Indemaity osurance Company esp (On this 27 day of October, 2017, bef me cae he individual who executed the preceding istment, to me pesocaly Know, and beng by me daly swom sid that i the herein deserted and audio! officer of he PHILADELPHTA INDEMNITY INSURANCE COMPANY; tht the veal afced to said instrument is th Corporate elf sald Company; ht the ald Corporat Seal ant his signature were duly afte, reugriic §— _MorgerVinop> residing at ‘Bala Gymvns,PA Mycommissonespies: — Seutember25,201 1, EdwacdSayngp, Corporat Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby eaily dat the foregoing resolution of the Boaid of Seog ad ise of Arye uu so hi 27 of Oh, 2017 we dca aw li fl sand tit. 0 ibe es aig By he el Fe of aay Pt wen i i of oc Feo ty ly eed Seager VINDEMNITY INSURANCE COMPANY, ages insedl AS ara attetnmnstenceer tL. tb.» LE QS Edward Sayago, Coponte Secetary PHILADELPHTA INDEMNITY INSURANCE COMPANY