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#13-6067 (Surety Construction Company)
RECEIVED Co ler County DEC 2 ° 2013 Purchasing First Street Plaza -Zocalo COLLIER COUNTY BID NO. 13-6067 COLLIER COUNTY, FLORIDA GRANT FUNDED CDBG #B-10-UC-12-0016 Brenda Brilhart, Procurement Strategist Email: brendabrilhart @colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 -6697 Design Professional: David Corban Architect PLLC Burr.;gig Deortmanl•337/7trniami Trait East•Nar;lr s,Ronda 341124501•NNAg callaEgo.neUpurchas } 1 13-6067 First Street Zocalo COtr County Email: Brendaerilhart©colliergov.net Telephone: (239)252-8446 Administrative Servic' es Division FAX: (239)252-6697 Purchasing ADDENDUM #3 Memorandum Date: August 30, 2013 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum #3—ITB 13-6067— First Street Plaza -Zocalo The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: Questions/Answers: 1: verify finish locations for, a. white plaster, The long wing from the 2" Diameter Concrete Sphere through number's 10, 9, 8, 7, 6, 5, 4, 3. (Attachment 1) The short wing from the 2" Diameter Concrete Sphere through number's 11 & 12. (Attachment 1) b. mosaic tile, Glass beads c. sand blasted glass tiles Between grid lines 2 and 3 only (7'6"). Between 2 and 3 (color blue on attachment 1) on long wing Between 12and 13 (color blue on attachment 1) on short wing 2: what is the finish of hte 8"dia steel sphere It's a hollow sphere made of Aluminum 3. verify "concrete yellow orange glass mosaic(street color) Glass beads used to paint roads Zocalo Structure—S1 Sheet S-1: 1.: detail 1, a. what is the finish of the pedestal White plaster b. verify the height of the pedestal detail (top), supply more info as to how the HSS 4 x 4 is tied to the bottom detail. 2ft—24 —beams are attached into the foundation (Attachment 5 &6) Also please submit a color rendering for each layout. (Attachment 1) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. 13-6067 First Street Zocalo Email: BrendaBrilhartr@colliergov.net 7E'.r County Telephone: (239)252-8446 Adt ni Services 7 FAX (239)252-6697 Purchasing ADDENDUM #2 Memorandum Date: August 28, 2013 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum#2—iTB 13-6067—First Street Plaza -Zocalo The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • Bid due date has been extended until 2:30 pm on September 11, 2013. • Two more alternates have been added, for a total of three. See revised bid schedule and related plan sheets for details. • The official Davis Bacon Wage Decision for this project has been included. Bids should reflect the minimum wage rates contained therein.The successful bidder will be required to submit to Owner weekly Certified Payroll Reports using US Department of Labor Form WH-347. Field interviews will be conducted during construction to verify adherence to these rates. (See Exhibit I of the solicitation.) • Seat walls have been"notched"to deter skate boarders. • 4" CMU caps have been added to the wall columns (see sheets A2.0, A3.0 and A3.1). • Metal finishes have been down-graded from powder coated to painted finish. • Four trash receptacles have been added, for a total of six. • The landscaping and brick paver line items on the bid tab have been itemized for value engineering purposes. See tab#2 of the Excel spreadsheet. • Provide (2)Woodford Model Y95 in-ground hose bibs for maintenance purposes. Bibs to be anti-siphon, vacuum breaker protected and loose key operated. To be located near water fountain and at NE corner of site. Exact locations will be field verified at the time of construction. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: James Sainvilus, Project Manager Enos: 13-6067 First Street Zocalo Si na tar ,r Date September 11,2013 Her ert H.Hill,Jr. Title Exec.Vice Phone Number 239-992- President 6030 13-6067 First Street Zocalo CO ler County Email: BrendaBrilhart @colliergov.net Telephone: (239)252-8446 Admistra Services t vision FAX (239)252-6697 Purchasing ADDENDUM#1 Memorandum Date: August 20, 2013 From: Brenda Brilhart, Procurement Strategist To; Interested Bidders Subject: Addendum # 1 —ITB 13-6067— First Street Plaza -Zocalo The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: • Bid due date has been extended until 2:30 pm on September 4, 2013. • Bid Schedule(revised attached) • Project completion scheduled changed as follows: o Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one--hundred and—fifty—(4-60) ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Total project is one hundred and twenty (120) days. CLARIFICATION: • Section 3 Right to Match—this option is for Section 3 qualified firms (see Exhibit 4 in the solicitation). Exhibit 4 must be submitted at time of bid and if a vendor qualifies for Section 3 Preference, and has come within 10%of the lowest responsive bidder's price, then the Section 3 Qualified firm has the option to "match"the lowest bidder's price. • Davis Bacon does apply to this project. • Verify the locations for the application of the water proofing and water repellents indicated in the specifications. --There are no Fluid-applied water-proofing or water repellents. Sections 07 14 and 07 19 can be removed. ADD: 13-6067 First Street Zocalo • Plan Sheets dated 6/27/13 • The project sign shall be 4'x 8'metal or wood on 4"x4"posts (Example attached). • Example Bench Specifications • Verify that the contractor is to hire a Geotechnical engineering firm to supply a report that will verify that the existing soil conditions will support the Presumptive allowable bearing pressure of 2,000 PSF A: All soil backfill shall be placed more than two feet above the static ground water level and shall be placed in loose lifts not exceeding 12-inches in thickness. Each lift shall be compacted until a density of at least 95% of the modified Proctor(ASTM D-1557) maximum dry density is uniformly obtained. • "The successful bidder will be required to perform its own soil testing during construction in accordance with the Project Geotechnical Report produced by Forge Engineering, dated August 6, 2013 (attached for reference) and Collier County Technical Specifications, Division 312323 (also attached for reference)". All other Divisions within this document will also be applicable to this project. • Examples of bike racks and color rendering of wall attached. • Cut sheets on all site lighting • Inspections, close out contracts & permits starting from March 3, 2014 to March 31, 2014 and the awarded grant funding is$400,000 • Add Alternate for Sculpture (CRA) • Awarded Contractor will pull Building Permit If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: James Sainvilus, Project Manager Enos: signatttre !/f Date September 11,2013 Herbert H. Hill,Jr, Title Exec.Vice Phone Number 239-992- President 6030 13-6067 First Street Zocalo TABLE OF CONTENTS PUBLIC NOTICE 3 PART B - INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE 13 MATERIAL MANUFACTURERS 14 LIST OF MAJOR SUBCONTRACTORS 15 STATEMENT OF EXPERIENCE OF BIDDER 16 TRENCH SAFETY ACT 17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 19 BID BOND 23 BIDDERS CHECK LIST 24 CONSTRUCTION AGREEMENT 25 EXHIBIT A 1: PUBLIC PAYMENT BOND 32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 35 EXHIBIT B: INSURANCE REQUIREMENTS 38 INSURANCE AND BONDING REQUIREMENTS 40 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 43 EXHIBIT E: CHANGE ORDER 47 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 48 EXHIBIT G: FINAL PAYMENT CHECKLIST 50 EXHIBIT H: GENERAL TERMS AND CONDITIONS 51 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 81 EXHIBIT J: TECHNICAL SPECIFICATIONS 82 EXHIBIT K: PERMITS 83 EXHIBIT L: STANDARD DETAILS 84 EXHIBIT M: PLANS AND SPECIFICATIONS 85 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 86 2 13-6067 First Street Zocalo Legal Advertisement Invitation to Submit a Proposal Collier County hereby advertises on July22, 2013, Solicitation 13-6067— First Street Plaza — Zocalo. All sealed proposals are to be received no later than August 22, 2013, 3:00PM Naples local time. Specifications and plans may only be obtained at www.colliergov.net/purchasinq. A Non-Manditory pre-bid meeting will be held on July 31, 2013, 3:30 Naples local time in the Purchasing Department Conference Room, 3327 Tamiami Trail East, Naples, Fl. Interested parties may call 239-252-8407 for more details and information in the Online Bidding System. Funding for this project is made available through Housing and Urban Development Community Development Block Grant Funding. Federal Regulations will be enforced during construction, including Davis Bacon wage rates. Please include an EEO logo or clear statement that Collier County and the CRA are an Equal Opportunity Employer. CoMer County Administrative Services Division Purchasing PUBLIC NOTICE INVITATION TO BID First Street Plaza -Zocalo COUNTY BID NO. 13-6067 Separate sealed bids for the construction of First Street Plaza - Zocalo, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County.Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2.30 P.M. LOCAL TIME, on the 26th day of August 2013, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 3:30 PM. LOCAL TIME on the 31th day of July 2013, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, First Street Plaza — Zocalo, Bid No. 13-6067 and Bid Date of August 26, 2013. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.collierciov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed 3 13-6067 First Street Zocalo resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 24th day of July 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 13-6067 First Street Zocalo PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 12 — 24 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the 5 13-6067 First Street Zocalo location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 6 13-6067 First Street Zocalo 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. 7 13-6067 First Street Zocalo Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 8 13-6067 First Street Zocalo 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (FI Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for 9 13-6067 First Street Zocalo award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders 10 13-6067 First Street Zocalo acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11 13-6067 First Street Zocalo CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA First Street Plaza - Zocalo BID NO. 13-6067 Full Name of Bidder Surety Construction Company Main Business Address 28441 S. Tamiami Trail, #109, Bonita Springs, FL Place of Business Same Email Address: cflovdt suretyconst.com Telephone No. 239-992-6030 Fax No. 239-992-7977 State Contractor's License# CGC031578 State of Florida Certificate of Authority Document Number 647519 Federal Tax Identification Number 59-1951304 Duns# 044454718 CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. 13-6067 First Street Zocalo - I BID SCHEDULE First Street Plaza -Zocalo Bid No. 13-6067 Description Unit Unit Price TOTAL Sitework including utilities, stormwater infrastructure, fill, hardscape and site electrical, $ 264,596.00 1 better described in Civil Engineering and LS 1 - Landscape Architecture drawings and Specifications 2 Landscaping (unit priced on tab#2) LS 1 $71,067.00 Vertical Construction as described in Architectural, $208,107.00 3 Structural, Plumbing and Electrical Drawings and LS 1 - Specifications. Concrete Pavers: Diagonal walk and portion of 4 sidewalk along North First Street—4"x 8"or SF 1700 $6,082.00 combination of square and rectangular pavers in an ashlar pattern. 5 Concrete Pavers: 12"x 12"square SF 6793 $26,404.00 Total Base Bid $ 579,256.00 ALTERNATE 1 -Sculpture . Construction of sculpture to be located at SE corner $ NO BID 6 of site as described in Sheets A1.01 and S1 LS 1 - prepared by Renzos Designs Green Developers. ALTERNATE 2-Minor Wall Modifications 7 Provide and install decorative aluminum wall LS 1 $ NO-BID treatment"waves"per plan sheet A2.2 13-6067 First Street Zocalo Change 8'tall wall columns from flush with 9'-5.5" 8 wail panels to 8" protruding as depicted on plan LS 1 $ NO-BID sheet A2.2, note 2 - ALTERNATE 3-Complete Wall Upgrade Deduct CMU wall in base bid.Add 12'x 187.5' Renzos concrete&block wall complete with 8' glass tile continent America map sculpture, 9" 9 medallions with country name plates, recessed LED LS 1 $ NO-BID lights, bamboo cover panels, Baranda (metal railing)doors,finishes. Renzos Designs Green Developers plan sheets and details have been uploaded for reference. Total Base Bid+ Alternates $ 579,256.00 13-6067 First Street Zocalo MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: St Construction Ccmnanv.-'' -f' . - Signature: Date: September 11, 2013 Herbert H. Hill, Jr., Executive Vice President Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature:, Date: 13-6067 First Street Zocalo yE 13 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner, (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electric Sun-Tech Electric—Cape Coral, FL 2. Plumbing Artistic Plumbing -- Punta Gorda, FL 3. Site Bradanna, Inc. Naples, FL 4. Utilities Jensen Underground -- Naples FL 5. Landscape Big Tree, Inc. — Ft. Myers, FL 6. Concrete/Masonry Fluharty-Monroe— Ft. Myers, FL 7. 8. 9. 10. 11. 12. 13. 14. Company: Su t Signature: Date: Sept. 11, 2013 Herbert H. Hill, Jr., Executive Vice President 13-6067 First Street Zocalo STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five 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. Project and Location Reference 1. Pelican Bay North Beach - Jim Hoppensteadt, President Interior and Exterior Renovation Pelican Bay Foundation Inc. Naples, Florida 6251 Pelican Bay Blvd. Naples,Florida iimhOpelicanbay.orq 2. Pelican Bay South Beach - Jim Hoppensteadt, President Interior and Exterior Renovation Pelican Bay Foundation Inc. Naples, Florida 6251 Pelican Bay Blvd. Naples,Florida iimh(a..pelicanbay.orq 3. Preferred Community Bank — Brenda O'Neil, President Interior Renovation Preferred Community Bank Ft, Myers, FL 2950 Winkler Road Ft.Myers,FL boneil @pcbbank.net 4. Encore Bank c@ Reflection Lakes Dharmesh Patel, Vice President — Interior and Exterior Renovations Encore Bank Ft. Myers, FL 7920 Summerlin Lakes Road Ft.Myers,FL dpatel(a3encorebank.com 5. North Naples Dialysis - Interior Dr. Mark Russo, Renovation Rubel!, LLC 878 109th Ave N. 13-6067 First Street Zocalo Naples, FL Naples,FL Russo @naplesnephrology.com 6. Wolford College of Anethesia Lynda Waterhouse, Collier and Collier Anethesia Admin Anesthesia, PA 1336 Creekside Offices — Interior Renovation and Blvd, Suite#1, build out Naples, FL Naples, FL Lyndacollieranethesia.con Company: Suret Construction o nany Signature ,: - Date: Sept. 11, 2013 Herbert H. Hill, Jr., Exec.Vice President 13-6067 First Street Zocato TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) Trench Box Sy 100 10.00 1000.00 1. N/A N/A N/A N/A N/A 2. 3. 4. 5. TOTAL $ N/A Failure to complete the above may result in the Bid being declared non-responsive. Company: Surety Constructio< Come an Signature "° ° Date: Sept. 11, 2013 Herbert H. Hill,Jr. Exec.Vice President 13-6067 First Street Zocalo CQ r County *a Sale Nisco Prchas Immigration Law Affidavit Certification Solicitation: 13-6067—First Street Plaza-Zocalo This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/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 vendor'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. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verity),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Surety Construction Company Print Name erbe�rtt H. Hill, Jr. Title Exec.Vice President Signature , Date September 11, 2013 State of Florida County of Lee The egoing- , rumerit was signed and acknowledged before me this 16th day of Nov,2012,by Herbert H. Hit • int • ype - e)w,o has produced Known(type of identification and number)as identification. Notary P i•3 c Signa tire' t? r►u Notary Public State of flaeda Printei Nam: of Notary Public Cynthia Floyd I My Cpmmtssiors EE102718 t?ois+°� Expires09147J2o15 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 13-6067 First Street Zocalo Cot ier y un Acirriastratve COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Surety Construction Company (as shown on income tax return) Business Name (if different from taxpayer name) Address 28441.S.Tamiami Trail,#109 City Bonita Springs State FL Zip 34134 Telephone 239-992-6030 FAX 239-992-7977 Email cfoydAsuretyconst.com Order Information Remit f Payment Information Address same Address same City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual J Sole Proprietor x Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3, Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 59-1951304 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under pe Allies of perjury,f deaf tl at the information shown on this form is correct to my knowledge. Signature Date September 11,2013 ,rj 9 Herbert H.Hill,Jr. Title Exec.Vice President Phone Number 239-992-6030 13-6067 First Street Zocalo 1 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Lee Herbert H. Hill, Jr., being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Herbert H. Hill, Jr. , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 13-6067 First Street Zocato (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of Surety Construction Company, and the full names of its officers are as follows: President Terry Kelly EVP Herbert H. Hill, Jr. Secretary Cynthia Floyd TreasurerCvnthia Floyd The Herbert H. Hill, Jr. is authorized to sign construction bids - •- .= • - - . - •- .*•• -- • by action of its Board of Directors taken , a certified copy of (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: (c) Individual N/A The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 13-6067 First Street Zocalo Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED September 11, 2013 Surety Construction Company legal entity BY: Herbert H. Hill, Jr. Witness Name •f idder (Typed) fh Witness ignature A State of Florida Corporation Exec. Vice President Title STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 16th day of November, 2012, by Herbert H. Hill, Jr., as Exec. Vice President of Surety Construction Company, a Florida corporation, on behalf of the corporation. He/she is pe onally known to mp or has produced known as identification and did (did not) take an oath. My Commission Ex•'r- Public Stale o f Florid a g re of Not ) ttt m AM E:EPlh4fy Cioams oesos 7ozn oE�tis i02716 (L-gibly P nted) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: tcs .-t 13-6067 First Street Zocalo BID BOND PROJECT: FIRST STREET PLAZA—ZOCALO KNOW ALL MEN BY THESE PRESENTS, that we Surety Construction Company (herein after called the Principal) and Contractors Bonding and Insurance Company, (herein called the Surety), a corporation chartered and existing under the laws of the State of WA with its principal offices in the city of Seattle and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of not to exceed 5% of the attached bid dollars ($not to exceed bid) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as First Street Plaza —Zocalo. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 55.00 per day noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly l signed and sealed this 30th d•yof July, 2013 •ur-t C.jfstr ti•n Co' •an Principal 11Y BY ,. Cynthia Floyd, Principal (Seal) r•r tractors Bo •in. .nd Insura ce Company Surety t (Seal) Countersigned Charity A. Strassel, Power-Of-Attorney Local Resident Producing Agent Address: 1395 Panther Lane, Naples FL 34109 (239)280-3253 1 i ar chic Contractors Banding and Insurance Company POWER OF ATTORNEY 3101 Western Ave.,Suite 300 Seattle,WA 98121 Contractors Bonding and Insurance Company a,r all company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company,a Washington corporation,does hereby make,constitute and appoint: Lizbet Rivero.Scott Jon Newman.Charity A.Strasser.Huntley Alan Hornbeck II.Betty Louise Curry.Michele Andree.Kristin M.Neiert. Stephen J.Benza.jointly or severally. in the City of Naples , State of Florida its true and lawful Agent and Attorney in Fact,with full power and authority hereby conferred, to sign, execute,acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100 Dollars( 510,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 18th day of April , 2013 . �.J„timufe",,ia ss Q*p„•a• .;.49.., Contractors Bonding and Insurance Company e 1.• O POA4). '.1,n _a: SEAL •'ti= ri ■• State of Washington ...0 .. 1979 . ���' Roy C.Die Vice President SS +x�',,, 4sn,no y°*0∎.*' County of King CERTIFICATE On this 18th day of April 2013 I, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared Roy C.Die , who Company,a stock corporation of the State of Washington,do hereby being by me duly sworn,acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and seal of the Contact rs Bond' g a,+ Insurance Company this ( 4-n,day of 1 i\\ , J Contractors Bonding and Insurance Company Joseph B. oiler Notary Public lir + Notary Public t .41111 • � ,_.*-.- State of Washington Roy C.Die Vice President I JOSEPH S.MULLER + 1 MY COMMISSION EXPIRES + + Mato!29,2016 + 0975443032912 A005951 1 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11.The mailing envelope must be sealed and marked with: raBid Number; 13-6067 Project Name;First Street-Zocalo 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Surety Construction Company Bidder Na e`,,,,//�� ,,.�-�' �, Sigi ire &Title Exec. Vice President Date: September 11, 2013 13-6067 First Street Zocalo 00 DATE(MM/DDIYYYY) ACOR© CERTIFICATE OF LIABILITY INSURANCE 12/27/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Mary Llggan Nagaj Gulfshore Insurance, Inc. INC.N.Ext):239-435-7115 (A/c,No):239-213-2860 4100 Goodlette Rd N E-MAIL Naples FL 34103-3303 ADDRESS:mliggan@gulfshoreinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Insurance Company INSURED SURCO3 INSURER B: Surety Construction Company INSURER C: 28441 Tamiami Trl S Ste 109 INSURER D Bonita Springs FL 34134-3213 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2079406975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY GL2015714010011 12/10/2012 12/10/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X JECT LOC $ A AUTOMOBILE LIABILITY CA20157120901 12/10/2012 12/10/2013 EaaBINEDtSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident)X NON-OWNED AUTOS - -- $ A X UMBRELLA LIAB X OCCUR CU20157150901 12/10/2012 12/10/2013 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION WC201571609 1/1/2013 1/1/2014 x WC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Sample Certificate ACCORDANCE WITH THE POLICY PROVISIONS. 123 Main Street Anytown FL 34105 AUTHORIZED REPRESENTATIVE 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD it I •W STATE OF FLORIDA 41-1_4%4011,7., DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION N.- CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET cobwo TALLAHASSEE FL 32399-0783 HILL, HERBERT H JR SURETY CONSTRUCTION COMPANY 28441 TAMIAMI TRL # 109 BONITA SPGS FL 34134 ",t. STATE OF FLORIDA AC# 6 L B 588 ri Congratulations! With this license you become one of the nearly one million DEPARTMENT OF BUSINESS AND Floridians licensed by the Department of Business and Professional Regulation. PROFESSIONAL REGULATION Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. CGC031578 06/07/12 118199702 Every day we work to improve the way we do business in order to serve you better. For information about our services,please log onto www.myfloridalicense.com. CERTIFIED GENERAL CONTRACTOR There you can find more information about our divisions and the regulations that HILL, HERBERT H JR impact you,subscribe to department newsletters and learn more about the SURETY CONSTRUCTION COMPANY Department's initiatives. Our mission at the Department is:License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. IS CERTIFIED under the provisions of Ch.489 Ps Thank you for doing business in Florida,and congratulations on your new license! iratioa date: AUG 31, 2014 L12060700927 DETACH HERE THIS DOCUMENT HAS A COLORED BACKGROUND•MICROPRINTING•LINEMARKT'PATENTED PAPER AC# 6155889 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#1,12060700927 DATE BATCH NUMBER LICENSE NBR _ 06/07/2012 118199702 CGC031578 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 Fs. Expiration date: AUG 31, 2014 HILL, HERBERT H JR SURETY CONSTRUCTION COMPANY 28441 TAMIAMI TRL # 109 BONITA SPGS FL 34134 RICK SCOTT KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS t ; Detail by Entity Name Florida Profit Corporation SURETY CONSTRUCTION COMPANY Filing Information Document Number 647519 FEI/EIN Number 591951304 Date Filed 12/07/1979 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 04/22/1980 Event Effective Date NONE Principal Address 28441 S TAMIAMI TRAIL SUITE 109 BONITA SPRINGS, FL 34134 Changed: 01/31/1997 Mailing Address 28441 S TAMIAMI TRAIL SUITE 109 BONITA SPRINGS, FL 34134 Changed: 01/31/1997 Registered Agent Name &Address FLOYD, CYNTHIA LS/T 28441 S TAMIAMI TRAIL SUITE 109 BONITA SPRINGS, FL 34134 Address Changed: 05/03/2010 Officer/Director Detail Name &Address Title P KELLY, TERRY L 28441 S. TAMIAMI TRAIL, #109 BONITA SPRINGS, FL 34134 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/dom... 10/29/2013 Detail by Entity Name Page 2 of 3 itle EVP HILL, JR. HERBERT H. 19039 EVERGREEN S.E. FT.MYERS, FL 33967 Title VP TURNER, JEFFERY L. 28042 E BROOKE DR. BONITA SPRINGS, FL 34135 Title ST FLOYD,CYNTHIA L. 119011TH ST S.W. NAPLES, FL 34117 • nnual Resorts Report Year Filed Date 2011 03/14/2011 2012 02/02/2012 2013 01/23/2013 Document Imases 01/23/2013 --ANNUAL REPORT View image in PDF format 02/02/2012 --ANNUAL REPORT View image in PDF format 03/14/2011 --ANNUAL REPORT View image in PDF format 05/03/2010 -- Req. Agent Change View image in PDF format 01/06/2010 --ANNUAL REPORT View image in PDF format 01/13/2009 --ANNUAL REPORT View image in PDF format 01/17/2008 --ANNUAL REPORT View image in PDF format 01/10/2007 --ANNUAL REPORT View image in PDF format 01/27/2006 --ANNUAL REPORT View image in PDF format 01/06/2005 --ANNUAL REPORT View image in PDF format 02/16/2004 --ANNUAL REPORT View image in PDF format 01/13/2003 --ANNUAL REPORT View image in PDF format 01/10/2002 --ANNUAL REPORT View image in PDF format 03/29/2001 --ANNUAL REPORT View image in PDF format 02/20/2000 --ANNUAL REPORT View image in PDF format 02/01/1999 --ANNUAL REPORT View image in PDF format 01/27/1998 --ANNUAL REPORT View image in PDF format 01/31/1997.--ANNUAL REPORT View image in PDF format 01/29/1996--ANNUAL REPORT View image in PDF format 01/30/1995 --ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/dom... 10/29/2013 Detail by Entity Name Page 3 of 3 Copyright©and Privacy Policies State of Florida,Department of State Home Contact Us E-Filing Services Document Searches Forms Help http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/dom... 10/29/2013 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Surety Construction Company ("Contractor") of 28441 South Tamiami Trail, #109, Bonita Springs, FL 34134 a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with First Street Plaza -Zocalo, Bid No. 13-6067 ("Project"), as said Work is set forth in the Plans and Specifications prepared by David Corban Architect PLLC, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount, in accordance with the terms of this Agreement: Five Hundred Seventy Nine Thousand, Two Hundred Fifty Six Dollars and Zero Cents ($579,256.00). Section 4. Bonds. A. Contractor shall provide Performance and. Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority 13-6067 First Street Zocalo 25 it as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, fifty five dollars ($55.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the CA Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from 13-6067 First Street Zocalo 27 C9 Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by David Corban Architect PLLC and identified as follows: First Street Plaza -Zocalo as shown on Plan Sheets 1 through29. Exhibit N: Contractor's List of Key Personnel ITB 13-6067 First Street Plaza -Zocalo Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Bradley Muckel, Interim Director Immokalee Community Redevelopment Agency 750 South Fifth Street Immokalee, FL 34142 Phone: (239) 867-0027 Fax: (239) 252-669-6958 Email: BradleyMuckel @colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Terry Kelly, President Surety Construction Company 28441 South Tamiami Trail, #109 Bonita Springs, FL 34134 Phone: (239) 992-6039 &Po3`i Fax: (239) 992-7977 Email: HHill @suretyconst.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. CA 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. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed'by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 13-6067 First Street Zocalo 28 CA 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. 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 Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 13-6067 First Street Zocalo 30 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWo" TN:7 S S -ty Constru ;•n C•m•-n FIRS ITNESS AMPIArr7 h 1\( Print Name and Title Date s` 7?ie SECOND WITNES( ?ft v Print Name Date: 1 (0 k4 OWNER: ATTEST: COMMUNITY REDEVELOPMENT AGENCY COLLIER COUN , F O r IpA Dw'.. iti'L,' ;rd Ierk IM N '"N E D-te p`�ttest as Oia rrnaf'S hair =F r signat r 'pn1y Asproved as to orm and L -Iity: AP •ssistanjCounty 1Attorne' Kint N e: 9 EXHIBIT A 1: PUBLIC PAYMENT BOND First Street Plaza - Zocalo Bond No. CSB0001232 Contract No. 13-6067 KNOW ALL MEN BY THESE PRESENTS: That Surety Construction Company, as Principal, and Contractors Bonding and Insurance Company, as Surety, located at_3101 Western Avenue, Suite 300 Seattle, WA 98121 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, Florida as Obligee in the sum of Five hundred seventy nine thousand two hundred fifty six dollars ($579,256.00) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. it+" -AQ WHEREAS, Principal has entered into a contract dated as of the .1-7th day of December, 2013, with Obligee for the First Street Plaza, Zocalo project in Naples, Florida, accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 18th day of December, 2013, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the p - ence • • PRINCIPAL ,ir/. Sure ; C•nstt tt.15 Co •_ r way - BY: Witnesses as to Principal NAME:C thia Flo d ITS: S=creta /Trea-urer STATE OF Florida COUNTY OF Lee The foregoing i•str ent .s acknowledged before me thi, ,* .ay of c r 20)3 , by . fa; 1,. # as , . . IL ■ of .,., ,I I. . , a Al •,. _ co •oration, on behalf of the corporat on. He Jhe is perso I k nwn tt __e.,OR has produced as identification and did (did not) take an oath. My Commission Expires`/untZ,W5 i/_ ., / .J (-i•nature of ' o ary) NAME: ,'! a.■ �+**Y'IV Paula A Piatek Notary Public State of Florida ( egibfy Printed) 'fit 0 My Commission EE080315 'Eorno' Expires 09/03/2015 (AFFIX OFFICIAL a L) Notary Public, State of icllp‘ia- Commission No.: EE MD 315 ATTEST: SURETY: 1 d ractor- B• •ing : i•_Insuran - Company C arity A. :trassel. Attorney--n-Fact Witnesses (Printed Name) _ t y4 A lo--- 1395 Panther Lane, Naples FL 34109 (239) 262-7171 (Telephone Number) STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 18th day of December, 2013, by Charity A. Strassel , as Attorney In Fact of Contractors Bonding and Insurance Company, on behalf of Surety. She is personally known to me OR has produced as identification and who did (did not) take an oath. - My Commission Expires: u�.� ,�"''+=� �"-� (Signature) ` Theresa A. Linehan (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: `A-o 3 =3/ ? '-it,,f;,,. THERESA A LINEHAN i,) in �'`I MY COMMISSION#FF033188 i''''.00 t ' EXPIRES July 2.2017 (407)398.0153 FloridallolarySe,vice.com EXHIBIT A 2: PUBLIC PERFORMANCE BOND First Street Plaza -Zocalo Bond No.CSB0001232 Contract No. 13-6067 KNOW ALL MEN BY THESE PRESENTS: That Surety Construction Company, as, Principal, and Contractors Bonding and Insurance Company, as Surety, located at 3101 Western Avenue, Suite 300 Seattle, WA 98121 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, Florida as Obligee in the sum of Five hundred seventy nine thousand two hundred fifty six dollars ($579,256.00) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. ifree WHEREAS, Principal has entered into a contract dated as of the A/7th day of December, 2013 with Obligee for the First, Street Plaza, Zocalo project in Naples, Florida in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 18th day of December, 2013, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signedy d and delivered in the c= • . PRINCIPAL , �.. Suret Coastr ion h•m?an _ .4∎A .r/�/, BY: afik i ma -Witnesses as to Princip. NAME C thia Flo • ITS: e reta /Treasurer V STATE OF Florida COUNTY OF Lee e fo egoing instrument was a• owled• -d efore me this /0 day of e 20,3 , by , O. I , as c Tar Tre4SG‘20r/3 r of ��!� �1 . ., I, , , a 1pr a_ corporation, on beha of the corporatio . e/sheJ„ Personally known to me OR has produc- as identification and •'• d'. at e o th. / t My Commission Expires: Jrn�gp�p� ��%- y :iQp ature) `r ,,,,,,,Nit,_ Notary Public State of Florida / A Paula A Pialek Name: /G�.tdE- /J 9L/J ��' � f+tY Commission EE080316 horn Expkes08103/2016 (Legibly Printed) J J (AFFIX OFFICIAL SEAL) Notary Public, State f:fir 04_ Commission No.: L 3 ATTEST: SURETY: •s t'- tote Bo di g - = surani- Company JAL Charity A. rassel. Attorney-In-Fact Witnesses (Printed Name) 14/...A._. 1395 Panther Lane, Naples FL 34109 (239) 262-7171 (Telephone Number) STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 18th day of December, 2013, by Charity A. Strassel , as Attorney In Fact of Contractors Bonding and Insurance Company, on behalf of Surety. She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: f'C—Zz (Signature) Theresa A. Linehan (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No. t, 3 by. el' °`' THERESA A LINEHAN MY COMMISSION#FF033188 d EXPIRES July 2.2017 (407)398.0153 FlorldallolaryService.com C blcContractors Bonding and Insurance Company 3101 Western Ave.,Suite 300 POWER OF ATTORNEY ..auca.w� Seattle,WA 98121 Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company,a Washington corporation,does hereby make,constitute and appoint: Lizbet Rivero.Scott Jon Newman.Charity A.Strassel.Huntley Alan HombeckII.Betty Louise Curry.Michele Andree.Kristin M.Neiert. Stephen J.Benza.jointly or severally. in the City of Naples , State of Florida its true and lawful Agent and Attorney in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100 Dollars( $10,000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings In the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 18th day of April , 2013 ���„so OANO�� . n°:" eo 4 Contractors Bonding and Insurance Company 0pPO44r , a, s 0:. SEAL �� •� State of Washington °u••, 1979 'r. Roy C.Die Vice President SS ��'''i,,1'48era o'0,`.. County of King CERTIFICATE On this 18th day of April 2013 I, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared Roy C. Die , who Company,a stock corporation of the State of Washington,do hereby being by me duly sworn,acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and the el of the Contractor Bonding and Insurance Company this I y', day ss�� of NI(tne✓ , �I � /8 7'//a Contractors Bonding and Insurance Company Joseph B. uller Notary Public Notary Public o � AMIPIP'- State or Washington r Roy C.Die Vice President JOSEPH B.MULLER MY COMMISSION EXPIRES March 20,2018 0975443032912 A005951 I Client#: 52233 SURCO3 ACORDT. DATE(MM/OD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 12/04/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pamela Parra Gulfshore Insurance-Naples PHONE No,Ext):239.430.7546 FAX (A/C,No): 239.213.2830 (ac, 4100 Goodlette Road North E-MAIL ADDRESS: pparra@gulfshoreinsurance.com Naples, FL 34103-3303 INSURER(S)AFFORDING COVERAGE NAIC 239 261-3646 INSURER A:Amerisure Mutual Insurance Comp INSURED INSURER B:Amerisure Insurance Company Surety Construction Company INSURER C: 28441 S Tamiami Trail Ste 109 INSURER D: Bonita Springs, FL 34134-3213 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM//DDY/YEYYY) (MM/DDY/YEYYY) LIMITS A GENERAL LIABILITY CPP2O15713102 12/10/2013 12/10/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) , CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X JE LOC $ B AUTOMOBILE LIABILITY CA201571201001 12/10/2013 12/10/2014 COMBIaccidNED ent)SI $1,000,000 LIMIT 1,000,000 (Ea X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NAOO-OWNED PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB X OCCUR CU201571501001 12/10/2013 12/10/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION WC201571610 01/01/2014 01/01/2015 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Contract#10-5510"Annual Contract for General Contractor Services" Collier County Board of County Commissioners is included as Additional Insured on a primary and noncontributory basis with regards to General Liability Only as required by contract per form CG7048 0304, includes ongoing and completed operations,Waiver of Subrogation per form CG7049 0905.Certificate Holder is included as Additional Insured in regards to Auto Liability only as required by contract per form CA7171 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION lier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail E.,Ste 303 Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S695607/M695591 PPA DESCRIPTIONS (Continued from Page 1) 0508,including Waiver of Subrogation.Waiver of Subrogation in regards to Workers Compensation only as required by contract per form WC000313 0484. Umbrella Follows form. SAGITTA 25.3(2010/05) 2 of 2 #S695607/M695591 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. 13-6067 First Street Zocalo 38 The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 13-6067 First Street Zocalo 39 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000.000 single limit per occurrence 3. ® Commercial General $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability (Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. El Other insurance as ❑Watercraft $ Per Occurrence noted: El United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence El Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence El Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate El Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 13-6067 First Street Zocalo 40 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 13-6067 First Street Zocalo 41 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 $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 13-6067 First Street Zocalo 42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 13-6067 First Street Zocalo 43 $ « ) I ( O < 1 I- I- q $ � $ ) . . m - &» a § k c & IF )\1t If k em w 8 / § f § § $ I < 0 � 7 me § # � / _ \ 2 US o \ � 0 \ \ . g 2L -6 (a a � ■ < tS o i- § # 2 § U) 0 a) [ o ® c m 2 � o 0 . Cn °< ] , o s --� k m $ \ / o o m w Kw $ 7 0 � � ° = c N <• .T. iii $ _ . \ ) 2 § > 2 2 ° eeL } 0 § < � my E LI • @z Cl)% G C % � � \ \ . S us ? k C0 / I Q § A � E W / . 13 e § O o } \gq \ � /\ k co mm 0) = _ _ -2 — m > 0 . / ¥k G 0 . ] # ° § E \ P E 0 § � ] % a ° / (/ / � mE\ o \ \ ( o co_ 2 - --. 0 - 2 E - 2 § / /= 2 © en ƒ �� X• / . .S 0 — ea W C t0 c W a O n 0 'i- CI o a = N U 1 m Q N d c U .0 To L u_ a a 0 O > a m a m 0 m F- R3 �' a � y7 > • < C d CD d y d 0 To rU N d L .a N = Z N CD lL 0 CD a) a a Co- N C O N Q 0 U_ 0 :a L X W d e0 EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 13-6067 First Street Zocalo 47 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 13-6067 First Street Zocalo 48 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 13-6067 First Street Zocalo 49 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Calendar Days. Substantial Completion Time as set forth in the Agreement: Y Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) By Contractor: (Signature) (Typed Name &Title) By Design Professional: (Firm Name) (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name &Title) 50 13-6067 First Street Zocalo EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at 13-6067 First Street Zocalo 51 the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress 13-6067 First Street Zocalo 52 schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to the County's Project Manager and/or his designee. 4.4 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 13-6067 First Street Zocalo 53 the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. 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 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum 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. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current 13-6067 First Street Zocalo 54 Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 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 13-6067 First Street Zocalo 55 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 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 Purchasing Department 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 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 13-6067 First Street Zocalo 56 and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to 13-6067 First Street Zocalo 57 furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the 13-6067 First Street Zocalo 58 prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 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 13-6067 First Street Zocalo 59 extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 Change. 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 13-6067 First Street Zocalo 60 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. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner 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 Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own 13-6067 First Street Zocalo 61 forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is 13-6067 First Street Zocalo 62 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 Exhibit B 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. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 13-6067 First Street Zocalo 63 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 vendor'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. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors 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 vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 13-6067 First Street Zocalo 64 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. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is 13-6067 First Street Zocalo 65 completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 13-6067 First Street Zocalo 66 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does 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. 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 issue a 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: 13-6067 First Street Zocalo 67 (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the 13-6067 First Street Zocalo 68 Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 13-6067 First Street Zocalo 69 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access 13-6067 First Street Zocalo 70 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 of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 13-6067 First Street Zocalo 71 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 shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 13-6067 First Street Zocalo 72 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 13-6067 First Street Zocalo 73 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the 13-6067 First Street Zocalo 74 Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 13-6067 First Street Zocalo 75 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to 13-6067 First Street Zocalo 76 Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that 13-6067 First Street Zocalo 77 failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations 13-6067 First Street Zocalo 78 At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 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. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the `County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 13-6067 First Street Zocalo 79 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 CONSULTANT 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 CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 13-6067 First Street Zocalo 80 Exhibit la Housing Urban Development(HUD) Supplemental Conditions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. 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 forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Check Box (If Applicable) 1. Termination (Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies ® 5. Environmental Compliance (Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Section 3 9. Conflict of Interest 10. Utilization of Minority and Women's Businesses ® 11. Federal Labor Standards Provisions (Davis-Bacon, Copeland, and Contract Work Hours Act) 12. Guidance to Contractor for Compliance With Labor Standard Provisions ® 13. Lobbying Prohibition ® 14. Debarment (SAMS.GOV 15. Historic Preservation ® 16. Record Keeping and Documentation 17. Grantee Recognition (Advertisement) 18. Copyright and Patent Rights ® 19. Religious Organizations 3/5/2013 Revision 2 1 Exhibit la Housing Urban Development(HUD) Supplemental Conditions 1. TERMINIATION FOR CAUSE AND/OR CONVENIENCE A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (I) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. The work and may award another party a contract to complete the work described in this contract. E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c) above. 2. ACCESS TO RECORDS The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent 10/1/2012-(2) 2 Exhibit la Housing Urban Development(HUD) Supplemental Conditions jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). 7. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (contracts/subcontracts above $10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, • rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under 10/1/2012-(2) 3 Exhibit la Housing Urban Development(HUD) • Supplemental Conditions this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Rules, Regulations, and Relevant Orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and other. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized 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. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) 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: Female participation:6.9% (statewide) Minority participation (See Appendix Minority Participation Goals for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's c o m p l i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the 10/1/2012-(2) 4 Exhibit la Housing Urban Development(HUD) Supplemental Conditions contract, the Executive Order, and the regulations in 41 CFR measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs 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; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a)As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. 4. "Minority"includes: (I) Black (all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander(all persons having origins in any o f the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island); and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female 10/1/2012-(2) 5 Exhibit la Housing Urban Development(HUD) Supplemental Conditions utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively 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 on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 10/1/2012-(2) 6 Exhibit la Housing Urban Development(HUD) Supplemental Conditions 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (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 on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60- 3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 10/1/2012-(2) Exhibit la Housing Urban Development(HUD) Supplemental Conditions (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (16) The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where 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 location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Segregated Facilities(over$10,000) 10/1/2012-(2) 8 Exhibit la Housing Urban Development(HUD) Supplemental Conditions By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 10/1/2012-(2) 9 Exhibit la Housing Urban Development(HUD) Supplemental Conditions (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. G. Ace Discrimination Act of 1975 No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. SECTION 3—COMPLIANCE IN THE PROVIISION OF TRAINING Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference 10/1/2012-(2) 10 Exhibit la Housing Urban Development(HUD) Supplemental Conditions in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: • Florida Department of Management Services, Office of Supplier Diversity, • Florida Department of Transportation (construction services, particularly highway), • Minority Business Development Center in most major cities, and • Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 11. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 regulations issued 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 equivalents 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 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be 10/1/2012-(2) 11 Exhibit la Housing Urban Development (HUD) Supplemental Conditions 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 29 CFR Part 5.5(a)(1)(ii) 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 be easily seen by the workers. (b) (i) Any class of laborers or mechanics 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. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) 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. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 10/1/2012-(2) 12 Exhibit la Housing Urban Development(HUD) Supplemental Conditions (2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 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 which 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 cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; 10/1/2012-(2) 13 Exhibit la Housing Urban Development(HUD) Supplemental Conditions (2) That each laborer or 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 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A(3)(b)(ii)of this section. (iv) 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. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a)Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines 10/1/2012-(2) 14 Exhibit la Housing Urban Development(HUD) Supplemental Conditions that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of 10/1/2012-(2) 15 Exhibit la Housing Urban Development(HUD) Supplemental Conditions Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (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 in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors 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 subparagraphs (1) through (4) of this 10/1/2012-(2) 16 Exhibit la Housing Urban Development(HUD) Supplemental Conditions paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe Benefits" columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) 10/1/2012-(2) 17 Exhibit la Housing Urban Development(HUD) Supplemental Conditions C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the Davis-Bacon and related acts.) D. Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The ownerwill provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. G. Sole Proprietorships/ Independent Contractors/ Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as"owner"is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. 10/1/2012-(2) 18 Exhibit la Housing Urban Development(HUD) Supplemental Conditions If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the "trade" depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 13. LOBBY PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying." 1. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. DEBARMENT Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the 10/1/2012-(2) 19 Exhibit la Housing Urban Development(HUD) Supplemental Conditions covered transaction. Verification will be checked through the excluded parties system list at www.sam.gov. 14. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for Protection of Historical Properties. 15. RECORD KEEPING AND DOCUMENTATION The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request by the County, HHVS or HUD. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to HHVS if requested. In any event the sub-recipient shall keep all documents for six (6) years after the expiration of this agreement. 17. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding source. The subrecipient will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the subrecipient will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The Contractor will mount a temporary construction sign for projects funded by HHVS. The design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The Construction sign shall comply with applicable County codes. 18. RIGHT AND PATENT RIGHTS No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 19. RELIGIOUS OGANIZATIONS CDBG funds may not be used for religious activites or provided to primarily religions organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG funds. 10/1/2012-(2) 20 Exhibit la Housing Urban Development(HUD) Supplemental Conditions Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa-St. Petersburg Area Percentage Orlando- Daytona Beach Area Percentage Hillsborough, Pinellas, Pasco 17.9 Volusia 15.7 Charlotte, Citrus, Collier, 17.1 DeSoto, Hardee, Hernando, (all seven) Brevard 10.7 & Highlands Orange, Osceola, Seminole 15.5 Lee 15.3 Flagler, Lake, Sumter 14.9 Manatee 15.9 Miami- Fort Lauderdale Area Polk 18.0 Dade 39.5 Sarasota 10.5 Broward 15.5 Tallahassee Area Palm Beach 22.4 Leon,Wakulla 24.3 Glades, Hendry, Indian River 30.4 Calhoun, Franklin, Gadsden, 29.5 Martin, Monroe, (all seven) Jackson,Jefferson, Liberty, (all eight) &Okeechobee, &St. Lucie Madison, &Taylor Pensacola- Panama City Area Bay 14.1 Escambia, Santa Rosa 18.3 Gulf, Holmes, Okaloosa, 15.4 Walton, &Washington (all five) Jacksonville Area Alachua 20.6 Baker, Clay, Duval, 21.8 Nassau, &St. Johns (all five) Bradford, Columbia, Dixie, 22.2 Gilchrist, Hamilton, Lafayette (all 11) Levy, Marion, Putnam, Suwannee, & Union 10/1/2012-(2) 21 Exhibit la Housing Urban Development(HUD) Supplemental Conditions State and Federal Statutes and Regulations By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as applicable) federal and state requirements: 1. Community Development Block Grant Disaster 34. Flood Disaster Protection Act of 1973, P.L 92- 2. Recovery Emergency Rule 9BER09-2; The Solid Waste 234; Disposal Act,as amended by the Resource 35. Protection of Historic and Cultural Properties Conservation and Recovery Act of 1975(42 U.S.C.,s. under HUD Programs, 24 C.F.R. Part 59; 6901 et.seq.); 36. Coastal Zone Management Act of 1972, P.L 3. Florida Small a n d Minority Business Act, s.288.702- 92-583; 288.714, F.S.; 37. Architectural and Construction Standards; 4. Florida Coastal Zone Protection Act,s. 161.52- 161.58, 38. Architectural Barriers Act of 1968,42 U.S.C. F.S.; 4151; 5. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of Development Regulation Act, Ch. 163, F.S.; flood hazards; 6. Title I of the Housing and Community Development 40. Executive Order 11288. relating to prevention, 7. Act of 1974, as amended control and abatement of water pollution; 8. Treasury Circular 1075 regarding drawdown of 41. Cost-Effective Energy Conservation Standards, CDBG funds. 24 C.P.R. Part 39; 9. Sections 290.0401-290.049, F.S.; 42. Section 8 Existing Housing Quality Standards, 10. Rule Chapter 9B-43, Fla.Admin. Code.; 10. 24 C.F.R. Part 882; Department of Community Affairs Technical 43. Coastal Barrier Resource Act of 1982; Memorandums; 44. Federal Fair Labor Standards Act, 29 U.S.C.,s. 11. HUD Circular Memorandums applicable to the Small 201 et. seq.; Cities CDBG Program; 45. Title VI of the Civil Rights Act of 1964 12. Single Audit Act of 1984; Non discrimination; 13. National Environmental Policy Act of 1969 and 46. Title VII of the Civil Rights Act of 1968 other provisions of law which further the purpose of this Non-discrimination in housing; Act; 47. Age Discrimination Act of 1975; 14. National Historic Preservation Act of 1966(Public 48. Executive Order 12892- Fair Housing Law89-665)as amended and Protection of Historic 49. Section 109 of the Housing and Community Properties (24C.F.R. Part 800); Development Act of 1974, Non-discrimination; 15. Preservation of Archaeological and Historical Data Act 50. Section 504 of the Rehabilitation Act of 1973 and of 1966; 24 C.F.R. Part 8; 16. Executive Order 11593- Protection and Enhancement 51. Executive Order 11063- Equal Opportunity in of Cultural Environment; Housing; 17. Reservoir Salvage Act; 52. Executive Order 11246- Non-discrimination; 18. Safe Drinking Water Act of 1974, as amended; 53. Section 3 of the Housing and Urban 19. Endangered Species Act of 1958, as amended; Development Act of 1968, as amended- 20. Executive Order 12898- Environmental Justice Employment Training of Lower Income Residents 21. Executive Order 11988 and 24 C.F.R. Part 55- and Local Business Contracting; Floodplain Management; 54. Uniform Relocation Assistance and 22. The Federal Water Pollution Control Act of 1972, as Real Property Acquisition Policies Act of amended (33 U.S.C.,s. 1251 et.seq.); 1970, P.L., 100-17, and 49 C.F.R. Part 24; 23. Executive Order 11990-Protection of Wetlands; 55. Copeland Anti-Kickback Act of 1934; Hatch Act; 24. Coastal Zone Management Act of 1968, as amended; 56. Title N Lead-Based Paint Poisoning Prevention 25. Wild and Scenic Rivers Act of 1968, as amended; Act(42 U.S.C.,s. 1251 et. seq.); 26. Clean Air Act of!977; 57. OMB Circulars A-87,A-!02,A-122, and A-!33, as 27. HUD Environmental Standards (24 C.F.R. Part 58); revised; 28. Farmland Protection Policy Act of 1981; 58. Administrative Requirements for Grants, 24 29. Clean Water Act of 1977; C.F.R. Part 85; 30. Davis- Bacon Wage Rate Act; 59. Section 02 of the Department of Housing and 31. Contract Work Hours and Safety Standards Act of Urban Development Reform Act of 1989 and 24 1962,40 U.S.C.s. 327 et. seq.; C.F.R. Part 12. 32. The Wildlife Coordination Act of 1958, as amended; 33. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; 10/1/2012-(2) 22 Exhibit la Housing Urban Development(HUD) Supplemental Conditions Section 3 Requirements What is Section 3? Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self- sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. How does Section 3 promote self- sufficiency? Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral foundation coupled with other resources comes the opportunity for economic advancement and self-sufficiency. • Federal, state and local programs • Advocacy groups • Community and faith-based organizations How does Section 3 promote homeownership? Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities they have begun the first step to self-sufficiency. Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information visit our HUD website. Who are Section 3 residents? Section 3 residents are: • Public housing residents or • Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD's income limits. Determining Income Levels • Low income is defined as 80% or below the median income of that area. • Very low income is defined as 50% or below the median income of that area. What is a Section 3 business concern? A business that: • Is 51 percent or more owned by Section 3 residents; • Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or 10/1/2012-(2) 23 Exhibit la Housing Urban Development(HUD) Supplemental Conditions • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. What programs are covered? Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and modernization expenditures. Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation, housing construction, and other public construction. What types of economic opportunities are available under Section 3? • Job training • Employment • Contracts Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is subject to compliance with Section 3. Examples of Opportunities include: • Accounting • Iron Works •Architecture • Janitorial •Appliance repair • Landscaping • Bookkeeping • Machine Operation • Bricklaying • Manufacturing • Carpentry • Marketing • Carpet Installation • Painting • Catering • Payroll Photography • Cement/Masonry • Plastering • Computer/Information • Plumbing • Demolition • Printing Purchasing • Drywall • Research • Elevator Construction • Surveying • Engineering • Tile setting • Fencing • Transportation • Florists •Word processing • Heating Who will award the economic opportunities? Recipients of HUD financial assistance will award the economic opportunities. They and their contractors and subcontractors are required to provide, to the greatest extent feasible, economic opportunities consistent with existing Federal, State, and local laws and regulations. Who receives priority under Section 3? For training and employment: • Persons in public and assisted housing • Persons in the area where the HUD financial assistance is spent • Participants in HUD Youthbuild programs 10/1/2012-(2) 24 Exhibit la Housing Urban Development(HUD) Supplemental Conditions • Homeless persons For contracting: Businesses that meet the definition of a Section 3 business concern How can businesses find Section 3 residents to work for them? Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD assistance is being spent. Effective ways of informing residents about available training and job opportunities are: • Contacting resident organizations, local community development and employment agencies • Distributing flyers • Posting signs • Placing ads in local newspapers Are recipients, contractors, and subcontractors required to provide long-term employment opportunities, not simply seasonal or temporary employment? Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to low and very low-income persons, including permanent employment and long-term jobs. Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time staff. A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement. This encourages recipients to continue hiring Section 3 residents when employment opportunities are available. What if it appears an entity is not complying with Section 3? There is a complaint process. Section 3 residents, businesses, or a representative for either may file a complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project. Will HUD require compliance? Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates complaints. HUD also examines employment and contract records for evidence that recipients are training and employing Section 3 residents and awarding contracts to Section 3 businesses. How can Section 3 residents or Section 3 business concerns allege Section 3 violations? You can file a written complaint with your local HUD Field Office. A written complaint should contain: • Name and address of the person filing the complaint • Name and address of subject of complaint (HUD recipient, contractor or subcontractor) 10/1/2012-(2) 25 Exhibit la Housing Urban Development(HUD) Supplemental Conditions • Description of acts or omissions in alleged violation of Section 3 • Statement of corrective action sought i.e. training, employment or contracts 10/1/2012-(2) 26 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.net/bid/ EXHIBIT I:B • Supplemental Terms • Wage Tables Grant Forms Required to be returned with Response (Forms Provided in Separate File) 1) Debarment— Prime 2) Debarment— Subcontract— Lower Tier 3) Section 3 Affidavit of Claim 4) Lobbying Disclosure 5) Drug Free Workplace 6) Acknowledgement of General Grant Clauses 7) Acknowledgement of Religious Org Requirements 8) Collier DBE MBE Participation Statement 9) Collier Sublet List 10) Collier Bid Opportunity List 13-6067 First Street Zocalo 81 Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(I)(b)of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Herbert H.Hill,Jr. First Street Zocao Name Project Name Executive Vice President B-10-t1C-12-0016 Title Project Number Surety Construction Company Firm 28441 S.Tamiami Trail,#109 Street Address Bonita Springs, FL 34134 City, State, Zip 24 CFR 24.510&24 CFR,Part 24, Appendix A 13-6067 First Street Zocato DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: b a. contract a a. bid/offer/application a a. initial filing - -b. grant - b. initial award - b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name © Prime ❑Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A N/A CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: N/A $ N/A 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): N/A N/A _ 3 Information requested through this form is authorized by title 31 U.S.C. section 5,7 Signature: 11. Signature: 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made Herbert H.Hill,Jr. or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public inspection. Any person who fails to file the Executive Vice President disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.: 239-992-6030 Date: 9-11-13 Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) PRINT INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. Certification for U.S. Department of Housing and Urban Development a Drug-Free Workplace Surety Construction Company Applicant Name CDBG Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue (1) Abide by the terms of the statement; and to provide a drug-free workplace by: (2) Notify the employer in writing of his or her convic- a. Publishing a statement notifying employees that the un- tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution, dispensing,possession, or use workplace no later than five calendar days after such conviction; of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against e. Notifying the agency in writing, within ten calendar days employees for violation of such prohibition. after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. b. Establishing an on-going drug-free awareness program to Employers of convicted employees must provide notice, includ- inform employees --- ing position title, to every grant officer or other designee on (1) The dangers of drug abuse in the workplace; whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the (2) The Applicant's policy of maintaining a drug-free receipt of such notices. Notice shall include the identification workplace; number(s) of each affected grant; (3) Any available drug counseling, rehabilitation, and f. Taking one of the following actions, within 30 calendar employee assistance programs; and days of receiving notice under subparagraph d.(2), with respect (4) The penalties that may be imposed upon employees to any employee who is so convicted for drug abuse violations occurring in the workplace. (1) Taking appropriate personnel action against such an c. Making it a requirement that each employee to be engaged employee, up to and including termination, consistent with the in the performance of the grant be given a copy of the statement requirements of the Rehabilitation Act of 1973, as amended; or required by paragraph a.; (2) Requiring such employee to participate satisfacto- d. Notifying the employee in the statement required by para rily in a drug abuse assistance or rehabilitation program ap- graph a. that, as a condition of employment under the grant,the proved for such purposes by a Federal,State,or local health,law employee will --- enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list(on separate pages)the site(s)for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) First Street Zocola Immokalee,FL Check here i if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010,1012; 31 U.S.C.3729,3802) Name of Authorized Official Title Herbert H. Hill, Jr Executive Vice President Signature X -" - �"�' Septermber 11,2013 form HUD-50070(3/98) ref.Handbooks 7417.1,7475.13,7485.1&.3 C.,cti -C,nrr4.nty Adninishabve Services Gvvvision Purchasing General Grant Clauses I acknowledge, and agree to perform all of the requirements identified in this document. Surety Construction Company Collier County (Co/,n�t'ra�.yfo'r�/�-c n��r Name) (Recipient's Name) !� '" ." ./ Septermber 11,2013 (Authorized Signature) (Date) Herbert H. Hill,Jr,Executive Vice President 10-DB-D4-09-21-01-K09 (Print Name and Title) (Contract Number) 28441 S.Tamiami Trail,Suite 109 (Address) (Address) Bonita Springs, FL 34134 (City, State, Zip) 12 ATTACHMENT 11:ACKNOWLEDGEMENT OF RELIGIOUS ORGANIZATION REQUIREMENTS 24 CFR 570.2000) In accordance with the First Amendment of the United States Constitution"church/state principles,"Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations;and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. Surety Cotruction Com//A : (Com / (Sig (Date)September II, 2013 Herbert H. Hill, Jr. (Print Name) 13-6067 First Street Zocalo ANTICIPATED DBE OR MBE PARTICIPATION STATEMENT COLLIER COUNTY DEPARTIVIErtiT INFORMATION DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP/PO) FUNDING SOURCE PRIME VENIfONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Surety Construction Company 59-1951304 IS THE PRIME A FLORIDA-CERTIFIED ////���� IS THE ACTIVITY OF THIS CONTRACT... DISADVANTAGED OR MINORITY DBE? Y N CONSTRUCTION? N BUSINESS ENTERPRISE MBE? Y N CONSULTATION? Y N (DBE/MBE)? OTHER? Y N IS THIS SUBMISSION A REVISION? Y ( IF YES,REVISION NUMBER IF PRIME HAS SUBCONTRACTOR OICS.U#PLIER WHO IS DBE/M.BE,PRIME IS TO COMPLETE THIS NEXT DBE MBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS DBE Big Tree,Inc. Landsc NMW $49,454.00 9% DBE MBE DBE MBE DBE MBE DBE MBE DBE MBE TOTALS: SECTION TO BE COMPLE TD "PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER Surety Construction Company 9-11-13 Exec.Vice President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER hhill @suretyconst.com 239-992-6030 239-992-7977 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 System for Award Management Page 1 of 1 BIG TREE,INC. 5175 COUNTRY LAKES DP DUNS: 111881785 CAGE Code: 652V8 FORT MYERS,FL,33905-5110, Status:Active UNITED STATES Entity Overview Entity Information Name: BIG TREE, INC. Business Type: Business or Organization POC Name: None Specified Registration Status:Active Expiration Date:04/18/2014 Exclusions Active Exclusion Records?No SAM I System for Award Management 1.0 IBM v1.1278.20131018-1401 WWW9 Note to all Users:This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. https://www.sam.gov/portal/public/SAM/?portal:componentId=66fdb602-77f6-4ba0-914... 10/29/2013 C Z 0 co \ & \ o § G \ ƒ ti 78 4 k T \ } f k � \ : & ( � § § \ k C 0 5 \ { : « f ) k = ( 7,'a // \ j( / 2 2 § \\ k j .. 73 c 0 - / \ \ f \ s ) k " 2, E c = t 2ti Lu j @ )CU CO ) —V, - » M ili \ ( 2 \O e 0 k Z & § : O \ o ]{ ; ) \} \: \ / )U \ § § 3 I- § \ U \\ \ \ ± Z ' ( \ o - k \ \\ ! ; # § ! 2 co § Oil Z 0 '8,i 5 0 rf & [ . 5 ( ■ ( cc FLI ro z ° \ / ) 0 f',§ t § : - : _ rii 2 2 \ \0. CO U a - \ \ \ \ . / } 2 . ] 3 ©un, }$ \ E CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST Ad in the Naples Daily News(ran twice);email to all subcontractors listed online with Department of Management Services Office of Supplier Diversity 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE El Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. El DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE El Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 $5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions (I) The prospective lower tier participant certifies,by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded form participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant shall attach an explanation to this form. Name Local Government Title CDBG/HOMEICDBG-R Contract Number Firm Street Address City,State,Zip Federal ID# 24 CFR24.510&24 CFR,Part 24,Appendix A Acknowledged by Surety Construction Company 13-6067 First Street Zocalo CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Page 1 of 6 General Decision Number: FL130012 09/27/2013 FL12 Superseded General Decision Number: FL20120012 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 08/30/2013 3 09/06/2013 4 09/27/2013 * ELEC0349-005 09/01/2012 Entire County except that portion due west of Broward County and east of the south southwest corner of Hendry County Rates Fringes ELECTRICIAN Total value of Electrical work on Project including materials over $2, 000, 000 $ 25.55 8.23 Total value of Electrical work on Project including materials under $2, 000, 000 $ 23. 00 7.43 ELEC0728-005 09/01/2013 Remainder of County Rates Fringes ELECTRICIAN $ 27. 96 10.56 ENGI0487-007 07/01/2013 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work) ; Gantry & http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 Page 2 of 6 Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice) ; Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck $ 29.05 8 . 80 Cranes with Boom Length Less than 150 Feet (With or without jib) ; Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice) ; Boom Truck $ 28.32 8 . 80 OPERATOR: Mechanic $ 28.32 8. 80 OPERATOR: Oiler $ 22. 99 8. 80 * IRON0272-003 04/01/2013 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL $ 23.59 5. 93 PAIN0365-002 09/01/2011 Rates Fringes PAINTER: Spray $ 15.75 7 .03 PLUM0630-003 07/01/2013 Rates Fringes PIPEFITTER (HVAC Pipe Installation) $ 26. 61 10.45 SHEE0032-003 08/12/2012 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) $ 23. 65 12.03 SUFL2009-008 05/22/2009 Rates Fringes BRICKLAYER $ 18. 95 0.00 CARPENTER $ 16.23 3.70 CEMENT MASON/CONCRETE FINISHER $ 13.05 1.49 INSULATOR - PIPE & PIPEWRAPPER $ 13.13 3.03 LABORER: Asphalt Shoveler $ 7.88 0.00 http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 Page 3 of 6 LABORER: Common or General $ 11.79 2.03 LABORER: Concrete Saw (Hand Held/Walk Behind) $ 12. 63 0.00 LABORER: Mason Tender - Brick $ 13.00 0. 00 LABORER: Mason Tender - Cement/Concrete $ 12.83 1. 90 LABORER: Pipelayer $ 12.31 1. 19 LABORER: Roof Tearoff $ 8.44 0.00 LABORER: Landscape and Irrigation $ 12.00 0.00 OPERATOR: Asphalt Spreader $ 11. 41 0.00 OPERATOR: Backhoe/Excavator $ 11.00 0.00 OPERATOR: Bulldozer $ 15.01 0.00 OPERATOR: Distributor $ 12.37 0. 00 OPERATOR: Forklift $ 14 .00 0. 00 OPERATOR: Grader/Blade $ 13.73 0.00 OPERATOR: Loader $ 13.80 1.79 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 11. 69 0.00 OPERATOR: Pump $ 19.00 0.00 OPERATOR: Roller $ 10. 68 0. 00 OPERATOR: Screed $ 11.34 0. 00 OPERATOR: Tractor $ 9. 91 0.00 OPERATOR: Trencher $ 11.75 0.00 PAINTER: Brush and Roller $ 13.46 0.00 PIPEFITTER, Excludes HVAC Pipe Installation $ 17 .83 0.00 PLUMBER $ 13.58 0. 00 ROOFER (Installation of Metal Roofs Only) $ 14 .26 0.59 ROOFER, Includes Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply, Slate, & Tile Roofs (Excludes Installation of Metal Roofs) $ 13. 92 0.52 http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 Page 4 of 6 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 18 .79 3.21 TILE SETTER $ 14. 61 0. 00 TRUCK DRIVER: Dump Truck $ 10. 00 0.00 TRUCK DRIVER: Lowboy Truck $ 12. 09 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 Page 5 of 6 Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. 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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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, http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 Page 6 of 6 etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: 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 DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/FL12.dvb?v=4 10/29/2013 w LU LL co O Z. O M w 0 > c U H H z mCLcwnI-1 w w = O rY O Et I— Q N D I i Et Q Z Z 0 2 O Q O W 7) w W O CD O H 0 Z O Cl J OUcow o o W 0 w 0 CI Q m U w O U D O J U V � o QQOOQ W — w ~ J (/) UpU w/ O w DI- � 00 LL w w Y Z JWZZH N Q Li 0 wOOZ W I— U I— LU 0 v CL Z H CO CO CO I Qm ZL., d o m ,_Y E C7 o a) ` O O C .L N... C Q 2 O a °) E ai ° r m ° a n) c t a o c C .0 CD rn O a) T d C U o C CC N N "O 'C a W u U m w . 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U a r 0 O 7 c a A a U d e LABOR STANDARDS INTERVIEW CONTRACT NUMBER EMPLOYEE INFORMATION LAST NAME FIRST NAME MI NAME OF PRIME CONTRACTOR STREET ADDRESS NAME OF EMPLOYER CITY STATE ZIP CODE SUPERVISOR'S NAME LAST NAME FIRST NAME MI WORK CLASSIFICATION WAGE RATE ACTION CHECK BELOW YES NO Do you work over 8 hours per day? Do you work over 40 hours per week? Are you paid at least time and a half for overtime hours? Are you receiving any cash payments for fringe benefits required by the posted wage determination decision? WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY? HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY BEFORE TOOLS YOU USE THIS INTERVIEW? DATE OF LAST WORK DAY BEFORE INTERVIEW (YYMMDD) DATE YOU BEGAN WORK ON THIS PROJECT (YYMMDD) THE ABOVE IS CORRECT TO THE BEST OF MY KNOWLEDGE EMPLOYEES SIGNATURE DATE (YYMMDD) SIGNATURE TYPED OR PRINTED NAME DATE (YYMMDD) INTERVIEWER INTERVIEWER'S COMMENTS WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanation is needed,use comments section) YES NO IS EMPLOYEE PROPERLY CLASSIFIED AND PAID? ARE WAGE RATES AND POSTERS DISPLAYED? FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROLL DATA? ❑ YES El NO COMMENTS CHECKER LAST NAME FIRST NAME MI JOB TITLE SIGNATURE DATE (YYMMDD) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV.12-96) Previous edition not usable Prescribed by GSA-FAR(48 CFR)53.222(g) EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ 13-6067 First Street Zocalo 82 EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ 13-6067 First Street Zocalo 83 t`t SOUTH FLORIDA WATER MANAGEMENT DISTRICT - w° -C District Headquarters:3301 Gun Club Road,West Palm Beach,Florida 33406 (561)686-8800 www.sfwmd.gov 9s,.' .'y)# Application No.: 130507-4 June 12, 2013 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(ATTN: BRADLEY MUCKLE) 1320 N. 15TH STREET SUITE 2 IMMOKALEE,FL 34142 Dear Mr. Muckle: Subject: Project: First Street Zocalo Location: Collier County, S4/T47S/R29E District staff has given a cursory review of the information submitted May 7, 2013 for the above referenced project. Pursuant to Rule 40E-400.315, Florida Administrative Code(FAC), it appears that your project qualifies for a "No Notice General Permit for Activities in Uplands." Any off-site impacts, changes in land use, or future modifications to the activities may require review by the District. A copy of Rule 40E- 400.315 is enclosed for your information. Please use this in the determination of notification requirements for future projects. A refund will be issued under separate cover, if necessary. This does not relieve you of the responsibility of obtaining all necessary Federal, State, Local or special District authorizations prior to the start of any construction. If you have any questions or require further assistance, please contact Daniel F. Waters, P.E. at(239) 338-2929. Sincerely, 110 ill :1) Daniel F. Waters, P.E. Section Leader Lower West Coast Service Center DW/en Enclosures c: David Corban Johnson Engineering, Inc. 6/12/13 Okeechobee Service Center:3800 N.W.16th Blvd.,Suite A,Okeechobee,FL 34972 (863)462-5260 Lower West Coast Service Center:2301 McGregor Boulevard,,Fort Myers,FL 33901 (239)338-2929 Orlando Service Center: 1707 Orlando Central Parkway,Suite 200,Orlando,FL 32809 (407)858-6100 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373,427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Ha. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561) 682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev.07/01/2009 1 Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev.07/01/2009 2 40E-400.315 No Notice General Permit for Activities in Uplands. (1) A no notice general permit is hereby granted for the construction or alteration of minor systems located entirely within uplands,provided that the proposed system meets all of the following criteria: (a)The total project area is less than 10 acres; (b)The total project area involves less than 2 acres of impervious surface; (c)No activities will impact wetlands or other surface waters; (d)No activities are conducted in,on,or over wetlands or other surface waters; (e) Drainage facilities shall not include pipes with diameters greater than 24 inches or the hydraulic equivalent and shall not utilize pumps in any manner; and (f)The project is not part of a larger common plan of development or sale. (2) A no notice general permit is hereby granted for the construction or alteration of surface water management systems, provided that the surface water management system meets all of the conditions and thresholds of paragraphs(a)and(b)below. (a)General Conditions. 1. The surface water management system design plans must be signed and sealed by a professional engineer or other individual authorized by law; 2.The surface water management system must meet the criteria specified in Rules 40E-4.301 and 40E-4.302,F.A.C.; 3. The project must not be located in natural water bodies,viable wetlands habitat,waters of the state,or a Florida Outstanding Water as listed in Rule 62-302.700,F.A.C.;and 4. The permittee must have obtained a works of the District permit pursuant to Chapter 40E-6,F.A.C.,if the project proposes to connect with,place structures in or across or otherwise make use of works of the District. (b)Thresholds and Additional Conditions Within Dade County. 1.The project must have less than 40 acres total land area with positive stormwater outfall or less than 320 acres total land area and less than 160 acres of impervious area with no positive stormwater outfall. 2. The project and surface water management system must have been approved by the Dade County Department of Environmental Resource Management or its successor agency subsequent to October 2, 1977. Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 403.813, 403.814 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History—New 10-3-95,Amended 4-14-03, 10-18-09. EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ 13-6067 First Street Zocalo 84 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ Detailed Scope of Work: The Immokalee CRA seeks a Construction Management Firm and artist team for the construction of one (1) zocalo at the corner of First Street and Main Street as detailed below. All Contractors and Subcontractors shall hold all State, Federal and County/City licenses required to perform the scope of work. The proposed zocalo site is located at First Street and Main Street in the central business district — downtown — of Immokalee. The site is approximately 0.6 acres of cleared, vacant property. The project should include all trades necessary to construct the facility as described in the Construction and Permitting Documents prepared by David Corban Architect and its consultants: Contractor shall furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the work required by the Contract Documents. Work required by the Contract Documents includes but is not limited to: • Paving • Grading • Drainage • Utilities • Landscaping and irrigation • Vertical construction, including: CMU walls, Landscape trellis and bandstand • Lighting • Site furniture, including benches and bike racks • Retaining walls • Seat walls Contractor shall schedule, prepare required documents for and attend a pre-construction meeting at Collier County Development Services. Work completed by Contractor shall adhere to all applicable codes, including but not limited to: • Collier County Land Development Code • 2010 Florida Building Code • 2010 Florida Accessibility Code • 2010 Florida Fire Prevention Code • ADA 13-6067 First Street Zocalo 85 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Warren Andrews Construction Superintendent Herbert H. Hill, Jr. Project Manager TERRY KELLY, PRESIDENT PROPOSED PROJECT EXECUTIVE ` Over the years,Terry has served in all capacities,from Superintendent, Project Manager and Vice President to his current role as President. Terry has overseen ,s,.;,. , . . , , ,.„. construction of millions of square feet,and brings 3o years of construction management experience. Terry's hands-on and no-nonsense approach has 1 ffi 6 :r tr / become a company philosophy,which is reflected by the highest quality of work 'ft' ‘,;.° ,- that resulted in numerous repeat clients. Terry is also highly trained in safety and also serves as the firm's Safety Director. Terry insists that every member of the construction team receive OSHA Certification. His vast knowledge and experience in construction allows him to "wear many hats"and expertly oversee each project from all aspects. AG#6:55898 gay pQ5TMEEO FLORIDA p� DEC '-" siluNiSil foxYtrrErniiiN0 BCAk➢LA"' LICENSES/CERTIFICATIONS ,,==v<=,aa»3s maws Fingerprinted and ID Badge Collier County Government 0607(2012 i1111199706 C..C82L87Q $n dLb.1w IS CIXCf45 SrmsC Wlim ZS CLLT251Lit ID Badge from NCH Healthcare System talar rie ~m.li S,4 ExgvSMUatt datw� xqC,31. ].'!.A Florida Certified General Contractor's License SLLZY. TBLS?L 11:2584?3,1PaYCTIoa[11151.51 CGC 028670,since 1984 =UC4i TI,=X„-452.12 18 years of AHCA Experience A1.L S2TT 5L5;X„„>x Q,TVL5NG5 WA-1W ICRA Trained by The Linders Health Institute,the single course provider for Infection Control certification for Best Practices in construction io-hour OSHA Certification First Aid,CPR PARTIAL PROJECT LIST Collier County Gov't.Annual Contracts-18 years Florida Gulf Coast Univ.Annual Contracts-12 years NCH Healthcare,lth Beach&Golf Resort,Projects Projects-iz years THE LINDERS HEALTH INSTITUTER' NCH Healthcare,Multiple Projects City of Naples Airport,Multiple Projects Naples Botanical Garden Multiple Certificate for ICRA Training Florida Community Bank at Ave Mariaherefrvgrantedto. Ritz Carlton Naples,Renovation Creekside,Polaris Center Telly 7ctj Premier Executive Center Lutgert West Florida Cancer Specialists to certZ the above has satisfactorily completed 15 hours of Veterans Park Commons specialized training meeting requirements for thte Bonita Community Hospital-Doctor Renovations Southwest Florida Womens Group Interior Remodel Environment of Care and the patient population. Gulf Coast Medical Arts Center FStndt1mentaa Infection o NCH Blood Lab Collier Anesthesia Office f'orYtealincare 0 •_ Naples Day Surgery OR Renovations LINDERS CIF§appal.*x 19-17 1.5CM ,,. The Executive Center at the Strand _.. duly 13_14 2012 Naples Day Surgery Lobby Ren currently underway-ICRA NCH Adm.Ren.. FIr-currently underway-AHCA/ICRA =Mrtr:eLo ens 3t3 41,4 ;tecutnr 2hrect rr HERBERT H. HILL,JR., EXECUTIVE VICE PRESIDENT/PARTNER PROPOSED PROJECT MANAGER k For the past 3o years, Herb has had several roles in the Company and is knowledgeable in all facets of construction. Herb joined Surety ` " Construction Company in 1979 and has served in several capacities, t, t including Project Manager, Project Superintendent and Estimator on numerous projects. rtid P;, ;, Recognizing his value,Surety named Herb as the Executive Vice President and partner in the firm in 1995. Today, Herb remains very involved in every project, sharing the company's no non-sense and hands on approach. Herb has been involved in a number projects,his 3o years of experience in the local market will be beneficial to the project(s). He excels in the preconstruction phase and remains involved throughout the project duration. LICENSES/CERTIFICATIONS Fingerprinted and ID Badge Collier County Government ID Badge from NCH Healthcare System Av _;= y STATE OF FLORIDA Florida Certified General Contractor's License '° . ,r.,n..a, E ESE — CGCo31578 since 1984 aA47� _�==� elsP,1� �TS,e Its OMR.Mtn*Co*R '! .10R 1$C ICRA SR:IFTED Trained by The Linders Health Aw�f th Institute,the single i,tt.-t:1131 t gp,.= course provider for Infection Control CsFEfEEE �,R� A certification for Best Practices in construction "r' .euzA."ccs a�sTa 10-hour OSHA Certification V=,,,12n TA AL' First Aid,CPR PARTIAL PROJECT LIST Collier County Gov't.Annual Contract-18 years Florida Gulf Coast Univ.Annual Contracts-12 years NCH Healthcare,Multiple Projects THE LINDERS HEALTH INSTITUTE' Naples Botanical Garden Multiple Florida Community Bank at Ave Maria Certificate for ICR/� Training Beach&Golf Resort,Mult.Projects-iz years Certificate 1 Q`�r tL{jJ'� !�(a77 Ritz Carlton Naples,Renovation is herehy grantee to: Grey Oaks,Multiple Projects f Jr.Bonita Community Hospital-Doctor Renovations Hit J Southwest Florida Womens Group Interior Remodel to certify the abate has satisfactorily compfete1l5 flours of Creekside,Polaris Center Premier Executive Center specialized training meeting requirements for the 6o Banks Environment o f Care and the patient population. NCH Blood Lab Collier Anesthesia Office FundttmentaLS of Infection Control Naples Day Surgery OR Renovations Gulf Coast Medical Arts Center LI NDERS EarIfearthe4Te onStructtion Beachway Professional Building CM approval*liL1738 LSCLI Collier Health Services at Creekside July 13-14 2012 Naples Day Surgery Lobby Ren currently underway-ICRA YarfrarcLindert,.. . NCH Adm.Ren..is`Fir-currently underway-AHCA/ICRA tr �ExesatwE�Dinctar s JEFFERY L.TURNER,SENIOR VICE PRESIDENT qx PROPOSED PROJECT MANAGEMENT/SUPERINTENDENT Since joining Surety Construction Company in 1979, Jeff has overseen and managed numerous projects. With a career in construction dating back to 1974, Jeff's skill and knowledge is a priceless asset. L asset. His attention to detail, knowledge of all aspects of construction from ground :„,14.1, .. ,„. . breaking thru punch out, ability to work well with the trades and deliver m. projects on time,on budget and at the highest level of quality,will be of benefit to this project. He began as a Superintendent in 1978 before being named , r AC#6155972 Vice President/Treasurer in 1984. STATE OF FLORIDA p g[J g5gx Np' Then in 1995,he was promoted to Senior Vice President. sEQ#,. °'°"'° 56jt7f24101118191995 ,COC131632 The nLJtBRAL CONTRACTOR _ .. ResitRased LICENSES/CERTIFICATIONS Under the p IS=MITT= the pSs to circa T Chapter 294 184 JT{. Resits,tics�JAtcz AIIG 31. 2 @i9 ID Badge NCH Healthcare System ..,„m, ntrnay 1S T 8'CY CIS RUi'rxm CLHiSPAKY J 38951 ZIAMI ig 9 i3 Florida Certified General Contractor's License SONTTA spaa3 91 341 4 CGCo31632 since 1984 '04E7 MAW' 6 years of AHCA Experience ICRA Trained by The Linders Health Institute,the single course provider for Infection Control certification for Best Practices in construction 10-hour OSHA Certification First Aid,CPR PARTIAL PROJECT LIST Collier County Gov't.Annual Contract-18 years p A g $;� Florida Gulf Coast Univ.Annual Contracts—12 years THE .lNDERS HEALTH I STITU I ETM NCH Healthcare,Multiple Projects Naples Botanical Garden Multiple Certificate for ICRA Training Florida Community Bank at Ave Maria LaPlaya Beach&Golf Resort,Mult.Projects-12 years is herebygrantetfto: Ritz Carlton Naples,Renovation Jeffery 'Turner Grey Oaks,Multiple Projects - "J Bonita Community Hospital-Doctor Renovations to certz the above has satisfactorily completed*15(tours of Southwest Florida Womens Group Interior Remodel specialized training meeting requirements for the Creekside,Polaris Center Premier Executive Center Environment of Care and the patient popu!atzon. 6o Banks Funeamentth of Infection Control NCH Blood Lab Collier Anesthesia Office 'orIlealt re onstruction uNbERS c3e.�o uKen r a sew Naples Day Surgery OR Renovations Gulf Coast Medical Arts Center ---..,__ _- July 13-14 2012 -; Beachway Professional Building `4f:tu1,eLxnJers+1? S,11,d Collier Health Services at Creekside LLcrutnc O,ractor Naples Day Surgery Lobby Ren currently underway-ICRA NCH Adm.Ren..iI`FIT--currently underway-AHCA/ICRA JEREMY DEAN PROPOSED SUPERINTENDENT Since joining Surety Construction Company in 1999, Jeremy has overseen numerous projects. With a career in construction dating back to 1972,Jeremy's skill and knowledge is an immeasurable asset with every project he oversees. RI A He pays meticulous attention to detail and demonstrates an exceptional ability to work with the trades.As a result,he delivers each project on time,on budget and with the highest level of quality. Over the past 10 years with Surety,Jeremy has been involved in a diverse range of projects,including new construction,renovation and restoration projects. CERTIFICATIONS Fingerprinted and ID Badge Collier County Government ID Badge NCH Healthcare System 6 years of AHCA Experience ICRA Trained by The Linders Health Institute,the single course provider for Infection Control certification for Best Practices in construction 10-hour OSHA Certification First Aid,CPR PARTIAL PROJECT LIST Collier County Gov't.Annual Contract-18 years Florida Gulf Coast Univ.Annual Contracts-12 years NCH Healthcare,Multiple Projects THE LINDERS HEALTH INSTITUTETM Naples Botanical Garden Multiple Florida Community Bank at Ave Maria LaPlaya Beach&Golf Resort,Mult.Projects-12 years Certificate for ICRA Training Ritz Carlton Naples,Renovation is hereby grantee to: Grey Oaks,Multiple Projects Bonita Community Hospital-Doctor Renovations )erem an Southwest Florida Womens Group Interior Remodel Creekside,Polaris Center to certify the above has satisfactorily completed 1.5 hours of Premier Executive Center speciafizedtraining meeting requirements for the 6o Banks Environment of-Care and the patient population. NCH Blood Lab Collier Anesthesia Office Euncramentar5 of Infection Control Naples Day Surgery OR Renovations Gulf Coast Medical Arts Center •L1NDLRS forMealthcare Construction Glti.pprotm1N 1141'7.35 1.3(_41 Beachway Professional Building ��- Collier Health Services at Creekside ° July Y 13-14 2012 Naples Day Surgery Lobby Ren currently underway-ICRA 'Marlcme Lodes+JCV:dS11/1 NCH Adm.Ren..i'`Fir-currently underway-AHCA/ICR 'ELer Witt,oirectar WARREN ANDREWS PROPOSED SUPERINTENDENT 4` Since joining Surety Construction Company in 1999,Warren has overseen numerous Q projects. With a career in construction dating back to 1974, Warren's skill and knowledge is an immeasurable asset with every project he oversees. ;i He pays meticulous attention to detail and demonstrates an exceptional ability to - ' work with the trades.As a result, he delivers each project on time, on budget and with the highest level of quality. Over the past 13 years with Surety,Warren has been involved in a diverse range of projects,including new construction,renovation and restoration projects. CERTIFICATIONS Fingerprinted and ID Badge Collier County Government Id Badge from NCH Healthcare Systems Qualified Storm Water Management Inspector ICRA Trained by The Linders Health Institute,the single course provider for Infection Control certification for Best Practices in construction io-hour OSHA Certification;First Aid,CPR LL r ' ,e,..., Y*1 1° a, NI PARTIAL PROJECT LIST QUALIFIED Florida Community Bank at Ave Maria `, STORMWATER MANAGEMENT y INSPECTOR tti Ave Maria Interim Fire Services Facility 4 The a a,ytnrP e ,,1 sckn ra ligtA rhe, Camp Keais at Ave Maria Ave Maria Cell Tower 4 Westin Andrews Marinelli Residence hlu cr,10.1. 'if rcgw.rn ics,re xxnn ±e fully r nhedcfm g th Ronda Depattment of En vnn nra Psr,e u:n S,gfroratet t e:=io 3rd&3rd Condo and Se,imt naerUn.(sntrrx 12t :r>n utiuq P'g urt hpnf 4.<N18 CI 11th Ave.Condo "*ifs Fairman Residence Private Residence 6o North Street L <' .4-- '' Private Residence 189 North Street Grey Oaks Renovation Modena LaPlaya Resort Improvements LaPlaya Suite LaPlaya 74 76 30 N&S THE LINDERS HEALTH INSTITUTETM Pelican Park Certificate for ICRA Training JaeJaegger r Building Sugden Park and Maint Bldg is Fierehygranted to: Bonita Community Health �t Center-Audiology,Rehab,Levine/Roth WA Rq . V } rY, Dr.Engle to cert5 the above has satisfactorily competed 15 hours of 2001 Jensen Underground Galleria Wall Phase 2 .specialized training for CCM meeting requirements for the Bonita Community Health Care-Dr.Stanciu Environment of Care and the patient population. Windstar Clubhouse Tear Down Naples Daily News Distr Ctr tFitnffatrtentals of Infection Control Pine Ridge Commons ForHealthcare Construction CINDERS Southern Community Bank ,, = G1H approval#far-ss 15 Gulfcoast Medical Arts Center Decernher 6-7 2012 H&R Block '4arfneLmJer 'R:' %V 414 . Fuller Funeral Home Crematory Renovation Etc cutne(Director JOHN HARDIN PROPOSED SUPERINTENDENT Since joining Surety Construction Company in 1999, John has overseen numerous projects. With a career in construction dating back to 1977, � ,� John's skill and knowledge is an immeasurable asset with every project he oversees. He pays meticulous attention to detail and demonstrates an exceptional ability to work with the trades and Clients. As a result, he delivers each project on time,on budget and with the highest level of quality. Over the past 10 years with Surety, John has been involved in a diverse range of projects, including new construction,renovation and restoration projects. CERTIFICATIONS Fingerprinted and ID Badge from Collier County Id Badge from NCH Healthcare Systems Qualified Storm Water Management Inspector 10-hour OSHA Certification First Aid,CPR ICRA Trained by The Linders Health Institute,the single course provider for Infection Control certification for Best Practices in construction PARTIAL PROJECT LIST Collier County Government: 11th Ave 3 Unit Condo Supervisor of Elections Cat Kennels-Domestic Animals Replace RR Ceilings Bldg W Remodel War Room Bldg W Sheriff's Evidence Lab Dental OfficeBldgH THE CINDERS HEALTH INSTITUTET"l Jail Kitchen Remodel /'► Closets Golden Gate Commerce Certificate for ICRA Training Center is hereby granted to: Temporary Mailroom Bldg W Lobby Wall .70.701 VI I N* Bldg W Renovation Marco Boat Ramp to certib the above has satisfactorily completed 15 hours of Fifth Floor Drywall specialized training for ICc meeting requirements for the Engineer and Copy Room Environment nf Care and the patient population. Old DOR Inspection Office Contractor Licensing cFuneannenta s of Infection Control Bldg H Family Health Tnrgfealt&care Construction Bldg HPharmacy LINDERS CHapprov 104738 1.$04 State Attorney's Office „_. December 6-7 2012 • Plan Review and Inspection Marlene Larders itV MS AIfi CNL Bank @a Coconut Point !E.xecutrve<Director CNL Bank @ Bonita CNL Bank @ Magnolia Square Dr.Engle—Marco Island FGCU-Modular Bldg.#7 Ph I I Picasso Kids Naples/Ft.Myers Greyhound Track Clubhouse Level Grey Oaks Athletic Center