Loading...
Backup Documents 02/14/2017 Item #16D7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE r', .: 1' F ivED THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR '� � Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the CouuityAtQ% ey Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coi €Btt y (e no later than Monday preceding the Board meeting. _ **NEW** ROUTING SLIP i nn W L Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is WI1$kclrl e�E wrihithe exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Risk Management 2. County Attorney Office County Attorney Office / N))7 3. BCC Office Board of County Commissioners � C .\ZA\V-V 4. Minutes and Records Clerk of Court's Office '24;q11 y� 5. Return to Procurement Services Division Procurement Services Contact: Barbara Lance PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Barbara Lance for Brenda Brilhart Phone Number 239-252-8998 Procurement Staff 02/15/2017 1/7 Contact and Date Agenda Date Item was 02/14/2017 Agenda Item Number 16.D.7 Approved by the BCC Type of Document Contract Number of Original 1 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6683/Bus Stop number if document is Number/Company Improvements/Jafer to be recorded Name Construction Co. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ---p� � —11t- 2. " �—� 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made N/A during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the 1, Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM Date: February 27, 2017 To: Barbara Lance for Brenda Brilhart, Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #16-6683 "Bus Stop Improvements Contractor: Jafer Construction Corporation Attached for your records is an original of the referenced contract above, (Item #16D7) adopted by the Board of County Commissioners on Tuesday, February 14, 2017. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 6 colter county Administrative Services Department Procurement Services Division GRANT FUNDED JPA#432836-1 Bus Stop Improvements COLLIER COUNTY BID NO. 16-6683 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: brendabrilhart@colliergov.net Telephone: (239) 252- 8446 FAX: (239) 252-6697 Design Professional: CH2M Hill Prtnten d Bangs Ois im•3327 Tarniami Trail East•Napies,Florida 341124901.2392528407•'+++.w.caAcergov.net,procurememsarvices 16-6683 Bus Stop Improvements 1 Construction Services Agreement for Grant Funded Projects:06132016 z. TABLE OF CONTENTS PUBLIC NOTICE 3 PART B -INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 11 BID SCHEDULE 12 MATERIAL MANUFACTURERS 13 LIST OF MAJOR SUBCONTRACTORS 14 STATEMENT OF EXPERIENCE OF BIDDER 15 TRENCH SAFETY ACT 16 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 17 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 18 BID BOND 22 BIDDERS CHECK LIST 23 CONSTRUCTION AGREEMENT 24 EXHIBIT A 1: PUBLIC PAYMENT BOND 30 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 33 EXHIBIT B: INSURANCE REQUIREMENTS 36 INSURANCE AND BONDING REQUIREMENTS 38 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 40 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 41 EXHIBIT E: CHANGE ORDER 42 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 43 EXHIBIT G: FINAL PAYMENT CHECKLIST 45 EXHIBIT H: GENERAL TERMS AND CONDITIONS 46 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 72 EXHIBIT J: TECHNICAL SPECIFICATIONS 73 EXHIBIT K: PERMITS 74 EXHIBIT L: STANDARD DETAILS 75 EXHIBIT M: PLANS AND SPECIFICATIONS 76 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 77 16-6683 Bus Stop Improvements 2 Construction Services Agreement for Grant Funded Projects:06132016 t'/ gi'N '''''jj �4/ 1,1 Co icr County Administrative Services Department Procurement Services Division PUBLIC NOTICE INVITATION TO BID Bus Stop Improvements COUNTY BID NO. 16-6683 Separate sealed bids for the construction of Bus Stop Improvements, addressed to Ms. Allison Kearns, Interim Director, Procurement Services, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until ' 2:30 P.M. LOCAL TIME, on the 28th day of September 2016, at which time all bids will be publidy 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. The anticipated project budget is: $299,680. A pre-bid conference will not be held for this solicitation. Any questions regarding the bid shall be posted on www.colliergov.net/bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Bus Stop Improvements, Bid No. 16-6683 and Bid Date of September 28, 2016. 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 Procurement Services Division Online Bidding System website: www.collieroov.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 Procurement Services Division 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 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. 16-6683 Bus Stop Improvements 3 Construction Services Agreement for Grant Funded Projects:06132016 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 29th day of August 2016. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Allison Kearns Interim Director, Procurement Services Division 16-6683 Bus Stop Improvements 4 Construction Services Agreement for Grant Funded Projects:06132016 PART B-INSTRUCTIONS TO BIDDERS 6 El 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 11 —23 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 Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail,the sealed envebpe containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the 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 16-6683 Bus Stop Improvements 5 Construction Services Agreement for Grant Funded Projects:06132016 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 Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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 Refect 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. 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. 16-6683 Bus Stop Improvements 6 Construction Services Agreement for Grant Funded Projects:06132016 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 Procurement Services Division, 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. 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 16-6683 Bus Stop Improvements 7 Construction Services Agreement for Grant Funded Projects:06132016 7 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. 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. 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 Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current Procurement Ordinance and policies. 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 Procurement professional of the Owner's Procurement Services Division 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 Procurement Services Division 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 Procurement 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 16-6683 Bus Stop Improvements 8 Construction Services Agreement for Grant Funded Projects:06132016 Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is available at http://www.colliergov.net/Index.aspx?paqe=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 (FL Stat 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.orq/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 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 the Contractor 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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 2013-69, 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. 16-6683 Bus Stop Improvements 9 Construction Services Agreement for Grant Funded Projects:06132016 16137 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 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 Procurement 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." 16-6683 Bus Stop Improvements 10 Construction Services Agreement for Grant Funded Projects:06132016 l i 1 6 0 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bus Stop Improvements BID NO. 16-6683 Full Name of Bidder Jafer Construction, Corp Main Business Address 1031 Ives Dairy Rd Suite 228 Miami, Fl 33179 Place of Business Miami, Florida Telephone No. 939-630-1631 Fax No. 787-789-9030 State Contractor's License# CGC1523543 t State of Florida Certificate of Authority Document Number f5 OOO Db Z.7T Federal Tax Identification Number 660-394722 DUNS# 071858294 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 Procurement staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 16-6683 Bus Stop Improvements i1 Construction Services Agreement for Grant Funded Projects:06132016 3- A n 7 ii BID SCHEDULE Bus Stop Improvements Bid No. 16-6683 Bid Schedule Provided in Separate File www.colliergov.net/bid c 1 1 I I I I i I 1 16-6683 Bus Stop Improvements 12 Construction Services Agreement for Grant Funded Projects:06132016 A ! j/ PM: Bryan Vehovec 1T8 16-6683 Bus Stop Improvements 4( PS: Brenda Brllhart 'Note;Bid shall be provided as Lump Sum per Site. Item No. QTY Unit Item Description Total 1 Site ID 6 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,800.00 2 Site ID 9 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,400.00 3 Site ID 15 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,900.00 4 Site ID 16 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,450.00 5 Site ID 17 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,800.00 6 Site ID 20 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,450.00 7 Site ID 26 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,650.00 8 Site ID 33 1 L5 ADA SITE IMPROVEMENTS COMPLETE $10,500.00 9 Site ID 34 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 10 Site ID 36 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,600.00 ( I 11 Site ID 42 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,480.00 12 Site ID 43 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 13 Site ID 44 1 LS ADA SITE IMPROVEMENTS COMPLETE $11,800.00 14 Site ID 45. 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,850.00 15 Site ID 46 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 16 Site ID 52 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,350.00 17 Site ID 54 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,450.00 18 Site ID 60 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,800.00 19 Site ID 61 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,410.00 20 Site ID 120 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,700.00 21 Site ID 136 1 LS ADA SITE IMPROVEMENTS COMPLETE $22,900.00 22 Site ID 139 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,400.00 23 Site ID 146 1 LS ADA SITE IMPROVEMENTS COMPLETE $11,700.00 24 Site ID 219 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,700.00 25 Site ID 238 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,500.00 26 Site ID 239 1 LS ADA SITE IMPROVEMENTS COMPLETE $14,000.00 27 Site ID 240 1 LS ADA SITE IMPROVEMENTS COMPLETE $19,300.00 28 Site ID 247 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,100.00 29 Site ID 248 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,300.00 30 Site ID 272 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,100.00 31 Site ID 300 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,500.00 32 Site ID 325 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,750.00 33 Site ID 438 1 LS ADA SITE IMPROVEMENTS COMPLETE $16,750.00 34 Slte 1D 508 1 LS ADA SITE IMPROVEMENTS COMPLETE $12,000.00 35 Site ID 522 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,800.00 ALLOWANCE FOR CONCRETE,SITE GRADING, Allowance LS SIGNING AND MARKING,CLEARING AND $25,000.00 GRUBBING,UTILITIES,SITE SAFETY,SOD (To be Included In Bid) TOTAL PROJECT BASE BID $275,690.00 Bid Alternates(one or multiple sites may be chosen dependent upon budget) 36 Site ID 2 1 LS ADA SITE IMPROVEMENTS COMPLETE $ 7,600.00 37 Site ID 3 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,250.00 38 Site ID 5 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,000.00 39 Site ID 11 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,350.00 40 Site ID 12 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,250.00 41 Site ID 13 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,300,00 42 Site ID 55 1 LS ADA SITE IMPROVEMENTS COMPLETE $10,900.00 43 Site ID 56 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,250.00 44 Site ID 57 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,380.00 45 Site ID 58 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,800.00 A \ . 46 Site ID 59 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,450.00 (ti 47 Site ID 63 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,950.00 i 4j 48 Site ID 121 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,500.00 tl 49 Site ID 122 1 LS ADA SITE IMPROVEMENTS COMPLETE $5,600.00 50 Site 1D 160 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,550.00 Bid Alternate 51 CC-123 1 5 1 EA I ASSEMBLE/INSTALL BUS SHELTER&AMENITIES I $ 25,000.00 TOTAL PROJECT BASE BID+ALTERNATES 1 $363,820.001 1 6 o7 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, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: JAFER CONSTRUCTION CORP Signature' Date: I 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: 16-6683 Bus Stop improvements 13 Construction Services Agreement for Grant Funded Projects:06132016 16LA , 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 2013-69 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 Subcontractor and Address Work' 1. Electrical TO BE DECIDED 2. Mechanical N/A 3. Plumbing N/A 4. Site Work JAFER CONSTRUCTION, CORP. 5. Identify other subcontractors that represent more than 10%of price or that affect the critical path of the schedule Company: JAFER CONSTRUCTION,CORP Signature: £ \ Date: `i/ � 'D52 16-6683 Bus Stop Improvements 14 Construction Services Agreement for Grant Funded Projects:06132016 1607 1 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. Improvement to Fortaleza Street Mr. Mario Rojas, inspector Old San Juan, PR mrojar01@sanjuanciudadpatria.com 2. Modernization Works Santiago Rennie Lopez, PE — Manager 787- Iglesias, Ponce Puerto Rico 505-7079 3. Modernization Work Manuel A. Dennis Delisle — Manager Perini Perez, Hato Rey Puerto Rico Managements DDeiisle@perini.com 4. Improvement Montehiedra Town Arq. Angel Arroyo Designer 787- Center, San Juan PR 949-5302 5, Ballester& Hns Entrance Retrofit Pedro Ortiz Morris, PE- Owner Bayamon, Puerto Rico representative 787-365-3079 Oceanica Exhibit Hall Mrs. Ada Monzon — Owner 787-567- Hato Rey Puerto Rico 3003 6. Company: JAPER CONSTRUCTION, CORP Signature: (,� Date: �t/27/1t«- 16-6683 Bus Stop Improvements 15 Construction Services Agreement for Grant Funded Projects:06132016 1 1 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) N/A 1. 2. 3. 4. 5. TOTAL$ 0.00 Failure to complete the above may result in the Bid being declared non-responsive. Company: JAFER CONSTRUCTION;CORP ` Signature: j — 27 Date: t 16-6683 Bus Stop Improvements 16 Construction Services Agreement for Grant Funded Projects:06132016 ef u -Verify �. •.> lllu1 � • Company ID Number: 1045803 THE E-VERIFY • MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I • PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS)and the Jafer Construction Corp (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9).This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended(8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification"and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i F $ mr,� srx"I 0 LI - en Company ID Number: 1045803 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a"List B"identity document, the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. §274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C,document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA)with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation,then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 �':ifL�, • it t'L, 1607 E-VeriFy Company ID Number: 1045803 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits,to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding,while their case is still pending. Further,when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.B. below)to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. § 274a.1(I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 w..., IoW• ( a �` cl hilOs . rify Company ID Number: 1045803 • (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring,firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices.The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations.The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU.The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verifvadhs.00v. Please use"Privacy Incident—Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act(5 U.S.C. § 552a(i)(1) and (3))and the Social Security Act(42 U.S.C. 1306(a)).Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. • 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA,their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Kia • 1S ,+Iv • '� 'Y1f 11 Company ID Number: 1045803 reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not • mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in Its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products,websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS j • 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any"employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and,within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, • such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor,the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06101!13 • e lq°"tt" ., 1 11 5 y 100.,45 Company ID Number: 1045803 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract,within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award,the Employer must,within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract, Such verification of new hires must be initiated within three business days after the date of hire.An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later, c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article Il.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revislon Date 06/01/13 ( rm;. I-7 Company ID Number: 1045803 1 5 Article II.C,5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after completing Form 1-9,the Employer shall not require the production of additional documentation, or use • the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Security Act(42 U.S.G. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate,within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from OHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Dale 06/01/13 ',�� rr 11111 • „, ri y tjl E-Vre 1110 Company ID Number: 1045803 b. Photo verification checks(when available) on employees. • 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names,titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. OHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. OHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process,for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides(in conjunction with SSA verification procedures)confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations.This provides final confirmation or nonconfirmation of the employees'employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless OHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verlfy MOU for Employers I Revision Date 06/01/13 wMIN qqt. N _ y Company ID Number: 1045803 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4, The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database(the Numident)or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS,the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 08101/13 1 6 D .3?Do„.„s„.,.Company ID Number: 1045803 employee to contact DHS through its toll-free hotline(as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch,the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to OHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the OHS representative who will determine the photo match or mismatch. 8. OHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU.The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by OHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 •4 f14� -Verify Company ID Number: 1045803 • B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify,with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly,the Employer understands that if it is in a state where E-Verify is mandatory,termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases,the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant,will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses,financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS,which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. • D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU,whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and OHS or SSA policy, including but not limited to, • Page 11 of 17 E-verify MOU for Employers I Revision Date 06/01113 1607 ;',::-.T:E: e 1 c i i'4,i,. .,,,A.4t,,,t'''- t:' • • . . ••• . .':‘\;•:; _ t it.--- r; ( i I `s/t1 4lll , Company iD Number: 1045803 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. • • • Page 12 of 17 E-Verify MOU for Employers I Revision Date 06101/13 NE -4)'y, Company ID Number: 1045803 • Approved by: • Employer Jafer Construction Corp Name(Please Type or Print) Title Ivan Fernandez Signature Date Electronically Signed 06/21/2016 Department of Homeland Security-Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/21/2016 Page 13 of 17 E-Verify MOU for Employers(Revision Date 06/01/13 .1 ri.:i��lY fi ca• 0 Company ID Number: 1045803 Information Required for the E-Verify Program Information relating to your Company: Jafer Construction Corp Company Name 131 Ives Dairy Rd Suite 228 Company Facility Address Miami, FL 33179 P.0. Box 193007 San Juan, PR 00919 Company Alternate Address County or Parish SAINT JOHNS Employer Identification Number 660394722 North American Industry 238 Classification Systems Code Parent Company Number of Employees 5 to 9 Number of Sites Verified for Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E ... veri y - , 0 4.* VI Li / Company ID Number: 1045803 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) 1 1 1 I 1 1 1 I 1 ! Page 15 of 17 E-Verlfy MOU for Employers[Revision Date 06/01/13 d kc L50 I s aV —Ve ro F* ia .. .., ..... Company ID Number: 1045803 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Ivan Fernandez Arrigoitia Phone Number (787)529-2461 Fax Number (787)789-9030 Email Address ivan@jaferpr.com Name Noel Fernandez Carmona Phone Number (787)789-9000 Fax Number (787)789-9030 Email Address noei@Jaferconstruction.com I • Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 I 6 ft. Company ID Number: 1045803 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers Revision Date 06/01/13 I a ,v Li II Colter County Administrative Services Department Procurement Services Dmsron I Immigration Law Affidavit Certification Solicitation: 16-6683-Bus Stop Improvements 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-Verifv program, may deem the Vendor l 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-Verify),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 JAFER CONSTRUCTION, CORP Print Name NESTOR A. LE-DIAZ Title PROJECT MANAGER Signature ,""r,, 9 c___ __is, Date / fi/i State of � ��r�•+ County of ' du('N) The foregoing instrument was signed and acknowledged before me this "Ilay of_September_, 2016_, by Nestor A.Vale-Diaz FL-Driver License-V432621682500 who has produced as identification. Pr'•it or e)ly / (Ty.: ''cation and Number) if f NbF It f/.. i 1 ' ZL�..� ♦ . /l� ,^� ��y ' lot- -ubiic 'ig P ure f > ; �l / tv " ti rlttd�.Yl(�`Z .25 ..1 r. -I,ted Name of Notary Public [! 140% 1 4e, : �v Nota Commission � umber/Expiration 4b�.N�� he gnee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16-6683 Bus Stop Improvements 17 Construction Services Agreement for Grant Funded Projects:06132016 6 /3 7 c0 ear County Administrative Services Department Procurement Services Division 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 JAFER CONSTRUCTION,CORP (as shown on income tax return) Business Name (if different from taxpayer name) Address P.O. BOX 193007 City SAN JUAN State PUERTO RICO Zip_00919-3007 Telephone 787-789-9000 FAX 787-789-9030 Email nestor( .iaferpr:com Order Information Remit!Payment information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor X Corporation __.Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) 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) 660-394722 { (Vendors who do not have a TIN,will be required to provide a social security number prior to an awardof the contract.) 4. Sign and Date Form Certification:Under pe :Ities of perjury, I certify that the information shown on this form is correct to my knowledge. Signature `' Date 9/27/16 Title Proiect Manaaer Phone Number 939-630-1631 16-6683 Bus Stop improvements 18 Construction Services Agreement for Grant Funded Projects:06132016 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 days (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 Puerto Rico County of San Juan Nestor A. Vale Diaz , 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. Nestor A. Vale Diaz , 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. ITB 16-6683 Bus Stop Improvements t9 Construction Services Agreement for Grant Funded Projects:061302016 i 1. I (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of _Puerto Rico, which operates under the legal name of Jafer Construction, Corp , and the full names of its officers are as follows: President José A. Fernandez Carmona Secretary Noel Fernandez Carmona Treasurer Ivan Fernandez Arricioitia Manager Nestor A.Vale-Diaz (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is- . r4 ITB 16-6683 Bus Stop Improvements 20 Construction Services Agreement for Grant Funded Projects:061302016 x Tw Tom, R4;e Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED '/A7/(,,. Jafer Construction Corp Legal entity Li ? 2 BY:. Nestor A. Vale-Diaz Witn ss Name of dci (T ped) _________7z Wi ness Signature I Project Manager- Partner Title , \ô ;-\ Vim. 5 STATE OF Puerto Rico COUNTY OF Sa,r,-.Yuan The foregoing instrument was acknowledged before me this a"7av of September, 2016, by Nestor A.Vale Diaz, as Project Manager of Jafer Construction, Corp, a for profit corporation, on behalf of the corporation. He/she is personally known to me and has produced Driver 'cense V432-621-68-250-0 as identification and did take - o• / My Commission Expires: 1,j IA :, .r /. -41.• /1 iJ A- g � :e of Notary) NAME: L. P . 4A. hd& P-e 5 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ?fib Rtt,o Commission No.: IS fiat" 1.L>ti t pF ' c `' / 2 � I §.Y a Sello rt : 2 . ;;LI:;,.. <.;:: 1/4 Le' EZ V 7ror* :,,,:, al.$ d GI C ,d DA-tp'S w azo-; ?y ��o, 1.4-,firAtis t t: '� � Fx3 � 1teig..: I 16-6683 Bus Stop improvements 21 Construction Services Agreement for Grant Funded Projects:061302016 y0 5y�y'.,� e1ry: BID BOND #58672205 i KNOW ALL MEN BY THESE PRESENTS, that we JAFER CONSTRUCTION CORP.---- (herein after called the Principal) and WESTERN SURETY COMPANY---- (herein called the Surety), a corporation chartered and existing under the laws of the State of SOUTH DAKOTA with its principal offices In the city of SIOUX FALLS and authorized to do business in the State of FLORIDA are held and firmly bound unto the Board of County Commissioners-Collier County,Florida-- (hereinafter called the Owner), in the full and just sum of Five Percent of Bid.Amount---- dollars ($ ---5%--- ) good and lawful money of the United States of America, to be paid upon demand of the Owner,to which paymentwell 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 Bus Stop Improvements, Bid No. 16-6683. (This bid bond will be in force for the.term of 120 days from the bid opening.) 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$ 5%of Bid Amount 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 signed and sealed this 15 day of September , 2016. JAFER CONSTRUCTION CORP Principal BY çL____Q 17.-4'9 (Seal) WESTERN SURETY COMPANY _ Surety L ✓C)aa2.. (Seal) Rachel Narvaez-Attorney-in-fact Countersigned Local Resident Producing Agent for ITB 16.6603 Bus Stop Improvements 22 Construction Services Agreement for Grant Funded Projects:061302016 I rn 1607 COMMONWEALTH OF PUERTO RICO CITY OF GUAYNABO Bond No.58672205 ACKNOWLEDGMENT OF SURETY On this:15 day of September,2016,before me the subscriber,notary public of the Commonwealth of Puerto Rico,duly commissioned and qualified, came Rachel Narvaez, Attorney-in-fact of the Western Surety Company, to me personally known to be the officer who executed the preceding instrument,and she acknowledges execution of the same,and being by me duly sworn,deposes and say that she is the said attorney-in-fact of the company aforesaid, and that her signature as such attorney-in-fact was duly affixed and subscribed to said instrument by the authority and direction of the said company given in the power of attorney executed by said company on the 12 day of October, 2012, the original of which is on file in the office of the Commissioner of Insurance of Puerto Rico. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal, at the city of Guaynabo,Puerto Rico,the day and year first above written. t,t Affidavit No. (.0F t� ---) : # y Ls2.,__,, • Notary Public C t' OA I . 4 1 / 72- / 1�: 41 CIO L` W i .1 s a ! F.og k• !,0401E [µ1 . ' ,�a PdeAsist6�f514 • x i#�r 160LA Company#:3116906 • • 444 Commonwealth of Puerto Rico OFFICE OF THE COMMISSIONER OF INSURANCE certificate of Authority • This Is.to certify that Western Surety Company 101 S.Reid Street Sioux Falls SD 57103 • has compiled with the corresponding requirements of the insurance Code of Puerto Rico and is therefore granted authority to transact,within Puerto Rico Surety insurance. This authorization shall be in force from July 01, 2016 to June 30,2017 unless previously suspended, revoked or terminated pursuant to the law and regulations in force. In witness whereof, I hereunto subscribe my name and affix my official seal at Guaynabo, Puerto Rioo, this 3rd day of June, 2016. • 1�ti *4 © ° t& Aft • r �y�>>. Cyyy:�, � � A gela Weyne 'oig t.:41 IN) Commissioner of Insurance 40ivEALTu e --II --; Liextee No:60447 Commonwealth of Puerto Rico NM 16421374 OFFICE OF THE COMMISSIONER OF INSURANCE RACHEL MARIA NARVAEZ CALDERO •,'•_CNA nt . #15 Second Street-Sinta 440 'GUAYNABO,PR 00968 This Is to certify that pursuant to:sequiraineots of the Iniustinee Code of Fuer n Ilico the above soul d is qualified to do bus noes In Potato Ilfess,ivith Ilto MOM:1Y ii,left!Ifiw. ilrpECTIvIC armyDim MAXIMUM DATE OP POWER OF ATTORNER DATR " DATE AMOUNT POWER NATIONAL FIRE • - 06/10/2011 INSURANCE COMPANY 08/01/2013 07/31/2017 UNLIMITED OF HARTFORD AMERICAN CASUALTY 00/2011 COMPANY OF RPADINO, 08/01/2015 0731/2017 UNLIMITED 0 RACHEL MARIA NARVAEZ CALDER() PENNSYLVANIA CONTINENTAL #15 SECOND STREET-SUITE 440 CASUALTY COMPANY 08/01/2015 0310017 UNLIMITED oGionon GUAYNABO PR 00968 WESTERN SUIIETY 08/01/2013 0731/2017 UNLIMITED 10/12/2012 .. COMPANY This qualificalion shall remain in effect until the expiration dale,when applicable.Wen pvevineulysuope,sdrd,revolted or terminated pursue tO lathe law tutdregulaltona in force. Angela Weyne Rolg Commissioner*flume/Ice To validate the accuracy of Ibis license you may review the same at https://abs-pr.nait.orp/Lion-Wels/Jsp/sbarcpons/AgentLookuNsp Commonwealth of Puerto License No:60447 NPN: 16421374 Rico. ., OFFICE OF THE cOMIVIiSSIONE R....OF INSURANCE RACHEL MARIA INAR- VAEZ GitLDERO CNA Surety #15.$e0nd,$frcet-,-'4ite 440, GUAYNABO,PR 90968 This is to certify that pursuant to requirementsof the Insurance Code nfPu,Cert oRie,otlicle;tabove named is qualified to do business in Puerto Rico with the authority listed below EFFECTIVE EXPIRWTION''. MAXIMUM DATE OF POWER OF ATTORNEY'', .,- ' DA'M--,, • , •, --1)AT :„•,.. t-AMOUNT POWER NATIONAL FIRE INSURANCE ',' ,I‘ • 08/01/2015' ,' 07/31/2017 ",,-, UNLIMITED 06/10/2011 COMPANY OF HARTFORD - ..i.,,:, ., '• •• , • ,• . , ‘,,; " •' , • •••• ,,,, AMERICAN CASUALTY COMPANY OF READING, 08/0li20<1'5. ,07' /31/2017 UNLIMITED 06/10/2011 PENNSYLVANIA CONTINENTAL CASUALTY 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 COMPANY WESTERN SURETY COMPANY 08/01/2015 07/31/2017 UNLIMITED 10/12/2012 C • ,1440 000 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIWUAL ATTORNEY-IN-FACT` Know All Men By These Present*,That WESZBRN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation haying its principaloffice in the City of Sioux Palls,and State of South Dakota,and that it does by:virtue of the signatute:and seal herein affixed hereby a, make.constitute and appoint Rachel Narvaez, individually • • of Guaynetba PR its two and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,.tmdettakLtgs and other obligatory instruments of'similar nature jut Unlimited Amounts and to bind it thereby us fully and to the same extent as If such Instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney;poesuatd to the authority hereby given,are hereby rade d and confirmed. 'this Power or Attatney is made and executed pursuant to andby authority of tho Ey-Law printed on the reverse hereof,duly adopted,as irxlignted,by the shareholders of the corporation. In Witness Whereof,WRSThRN SDRE TY COMPANY has caused these presents to he signed by its.Vice President and its corporate seal to he hereto affixed on thia 12th day of October 2012 WESTERN SURETY COMPANY marry,, kte"`? 410 410P Paul T.Btufiat,Vice.`President State of South Dakota County of Minnehaha On this 17th day of ont ober , 2012 before me personally came Paul T.Brultat,to me blown.who. being by me duly sworn,did depose and say: that he.resides In the City of Sioux Falls,State of South Dakotas;that be is rho Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that be knows the seal of said corporation;that,the seal affixed to the said instrument Is such corporate'sral;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation, { My commission expires: J.zsOrlR • [VClARY pliBUG . June 23,2015 snare oattvrr� fZ , J.Mater,Notary Public CERTIF1CA'rg [,L Nelson,Assistant Secretary of WESTERN SURETY'COMPANY do hereby certify,that the Power of Attorney hereinabove set forth is stili in force,and further certify that the By-Law of the emanation printed on the reverse hereof is still in force. In testimony whereof[have hereunto subscribed my name and affixed the seed of the said corporation this 15 day of September 2016 WESTERN SURETY . CO$PANY iq Txaaw I.Nelson,AsaistantSecretary, Permitt2gO 741112 I '‘ D 7 `' St i te of Florida i I Department I i I certify from the records of this office that JAFER CONSTRUCTION j CORPORATION is a corporation authorized to transact business in the State of 1 Florida, qualified on June 25, 2015. The document number of this corporation is F15000002794. 1 I further certify that said corporation has paid all fees due this office through December 31, 2016,that its most recent annual report/uniform business report I was filed on April 15, 2016, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Thirtieth day of June, 201.6 ...,7 ,,:.,:..A1..0..,, ,/,t,,, }( . ,2t; i X3. 1 ,1 4„,,..1.,,„.,,4„,, .,5,,: ::,:,,i: v04. 04404. i „.4,.7....4,,,::,,,,,,i..140./ Secretary of State � G . "f1 Tracking Number:CU2454127839 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. Mips://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 1 i ioo 0 7THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECKLIST 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 cashier's check has been included. 9. Any addenda have been signed and included. The mailing envelope has been addressed to: Procurement Director Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 10. The mailing envelope must be sealed and marked with: Bid Number; 16-6683 Project Name; Bus Stop Improvements <=>Opening Date. September 28, 2016 11.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. 12. If submitting a manual bid, include any addenda (initialed anddated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Jafer Construction,Corp iddemes \i Nestor A.Vale Diaz—Project Manager Signature&Title Date: 9/27/16 ITB 16-6683 Bus Stop Improvements 23 Construction Services Agreement for Grant Funded Projects:061302016 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 VALE, NESTOR ARIEL JAFER CONSTRUCTION CORPORATION MANSIONES RELES ISABELA LA CATOLICA A-25 GUAYNABO PR 00969 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and , -, Professional Regulation. Our professionals and businesses range At, STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque WV DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong. '1;7'. PROFESSIONAL REGULATION Every day we work to improve the way we do business in order CGC1523543 ISSUED: 09/01/2016 to serve you better. For information about our services,please log onto www.myfloridalicense.com. There you can find more CERTIFIED GENERAL CONTRACTOR information about our divisions and the regulations that impact VALE,NESTOR ARIEL . you,subscribe to department newsletters and learn more about JAFER CONSTRUCTION CORPORATION the 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. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch.489 FS. Expiration date:AUG 31,2018 0609010003709 and congratulations on your new license! DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER CGC1523543 if:Mi7--%1 2`tt At The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 Di!gypit] VALE, NESTOR ARIEL Li :4:14LITC111 JAFER CONSTRUCTION CORPORATION jr . I •II, 10 UNION ST. PIEDRAS EiONCAS WARD A.. Ir I 1.-. . . . GUAYNABO PR069 . All , 0 4. il+er • ISSUED: 09/01/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1609010003709 i 6 i j 7 COLLIER COUNTY Federal Transit Administration (FTA) Buy America Certification Buses, Other Rolling Stock, Associated Equipment and Components A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of buses, other rolling stock, associated equipment and components. [6ertificate of Compliance with 49 U.S.C. 5323(i)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C)and the regulations at 49 C.F.R. Part 661.11. Date 1/2-7 t ~ Signature L_ ,?..-:\ Company Name * so,. .� , ,. Title .C'z. '`e..c. i"--e.. -..eN3c - - '?.4 j ra e-,‘.- nCertificate of Non-Compliance with 49 U.S.C. 5323(i)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title DISCLOSURE OF LOBBYING ACTIVITIES ApproveAbyOMB 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: a.contract Ila. bid/offer/application a.initial filing b. grant l 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: CFDA Number, if applicable: a. Federal Action Number, if known: 9.Award Amount,if known: 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): 11 Information requested through this form is authorized by title 31 U.S.C.section 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 madeVD Print Name: or entered Into. This.disclosure Is required pursuant to 31 U.S.G. 1352: This Information will be available for public inspection. Any person who falls to rile the required disclosure shall be subject to.a civil penalty of not less than$10,000 and Titie: \r-er^A" ' ~T ft_ riot more than$100,000 for each such failure. 1 Telephone No.: 7$"7 7?-1-/c:>r!,'O Date: I f t7/IL-. Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) 1 6 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 agreementto 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.Complete all 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 io 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 approprlateclassiflcation of the reporting entity that designates if It Is,or expects to be,a prime or subawardrecipient.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 individuals)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 Managementand Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. 1 6 0 COLLIER COUNTY Certification Regarding Lobbying Contractor)undersigned .�, ��f.�ti1r�- � � (Vendor/ certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96), Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, Tc certifies or affirms the truthfulness and accuracy c of each statement of its certification and disclosure, if any. In addition, the Contractor a y understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. rlrz Name of Authorized Official 4. Title vs.rSignature of Vendor/Contractor's Authorized Official `1/2.7 (6 Date 02/15 R3 COLLIER COUNTY Certification Regarding Lobbying The undersignedC.--f (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans; and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, 1 i � ��="t�« , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. ,. � Name of Authorized Official Title (--‘-\s4-1 D Signature of Vendor/Contractor's Authorized Official I 2 f t Date 02/15 R3 , 11 ---i COLLIER COUNTY U 1J ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status, •''4..:1lciiME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN Y N IS THE ACTIVITY OF THIS CONTRACT,.. MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION?. Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? Y N SOB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PBBVI HAS SP BCONTBAcTOII,OliAtii5PLifil WHO IS A DISADVANTAGED MINORITY WONIEN:9VtiNEIYt SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE,THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR- ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS: C. SECTION TO BECOMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER \I ta I t7(i EMAIL ADDRESS OF PRIME(SuB;;IrrL-cER)'L TELEPHONE NUMBER j.......c...- FAX NUMBER 1 s 131 63c) 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. E-onvicin ",, ,f,-"e: , z-: 'CODE 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 o D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE Fqt9nin v 2 1 1 , CONSTRUCTION CONTRACTORS ' 6 0 -i 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: j I I I 1 I 1M r. -,q, CONSTRUCTION CONTRACTORS i `1,0j 40 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: 0 Between$5-$10 million 7. ❑ Subcontractor 0 Between$10-$15 million 0 Subconsultant 0 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 D More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE El Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: 0 Between$5-$10 million 7. 0 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: 0 Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million 0 Subconsultant 0 More than$15 million 5. Year Firm Established: I 6 COLLIER COUNTY Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). IVendor/Contractor Name A : L Cc ' Cy. Date " i c Authorized Signature Address 3r (i 300 7 5 .. . l Qp r4t�...3C4. Solicitation/Contract# t6, 6‘.03 { 02/15 R3 1 6 0 COLLIER COUNTY Vendor Submittal—Conflict of Interest Certification Collier County Solicitation No. \J"L , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner,or any organization for which I am serving as an officer, director,trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. kt,„... c,,A,L Name Signature Posittdn Date c„1, 71, , Privacy Act Statement Title I of the Ethics in Government Act of 1978(5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 1 if 0 Lai COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about—(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). Certifying fficial Name Title )9. -. 1 7i Signature Date 1607 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner') hereby contracts with Jafer Construction Corporation ("Contractor") 1031 Ives Dairy Road, Suite 228, Miami Florida 33179, a corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with Bus Stop Improvements, Bid No. 16-6683 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Ch2M Hill, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement(all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional,as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: two hundred seventy five thousand six hundred ninety dollars and no cents($275,609.00). 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 as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.ciov/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. ITB 16-6683 Bus Stop Improvements 24 Construction Services Agreement for Grant Funded Projects:061302016 F fi rf i § 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 one hundred and fifty (150) 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, one thousand seventy four dollars ($1,074.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 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. ITB 16-6683 Bus Stop Improvements 25011) Construction Services Agreement for Grant Funded Projects:061302016 I D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation ITB #16-6683 Bus Stop Improvements 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(Granting Agency Provisions) Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details(if applicable) Exhibit M: Plans and Spedfications prepared by Ch2M Hill ITB 16-6683 Bus Stop Improvements 26 Construction Services Agreement for Grant Funded Projects:061302016 0 and identified as follows: Bus Stop Improvements as shown on Plan Sheets 1 through 58. Exhibit N: Contractor's List of Key Personnel 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: Bryan Vehovec, Project Manager Public Transit&Neighborhood Enhancement Division 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 (239) 537-0716 (239) 252-4994 Fax brvanvehovec(a.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: Nestor Val Diaz, Project Manager Jafer Construction Corporation 1031 Ives Dairy Road, Suite 228 Miami, FL 33179 (787)789-9000 (787) 789-9030 Fax nestort iaferpr.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. 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. ITB 16-6683 Bus Stop Improvements 27 Construction Services Agreement for Grant Funded Projects:061302016 0 1 6 Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Procurement Ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents including the Owner's Board approved Executive Summary, 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. ITB 16-6683 Bus Stop Improvements 28 C� Construction Services Agreement for Grant Funded Projects:061302016 1 U / IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Jaferi onstruction Corporation By: FT WITNESS 70 • . ler)u, Per- • e_ '1"-i,PCe-- Print Name and Title Date • it Name €72-it.) / - SECOND WITNESS c \/A Print Name Date: 0210v+1 ( 4._ OWNER: ATTEST: " BOARD OF CO k.TY COMMISSIONERS OF COLLI 7 0 'TY FLORIDA . Bromcle B • _ BY: , Attest as to Cl4irman's 7C.niet. \,„y- te ssignature only; nly. ves )2rn Chairman proti A , o an L ality: Deputy County Attorney ,.ceA Print Name I Item# 16N - Agenda Date °''11-4(1-- Date Aleati4r+ Rec'd — Deputy Clerk ITS 16-6683 Bus Stop Improvements 29 Construction Services Agreement for Grant Funded Projects:061302016 160 ? EXHIBIT A 1:PUBLIC PAYMENT BOND Bus Stop Improvements Bond No. 30004950 Contract No. 16-6683 KNOW ALL MEN BY THESE PRESENTS: That Jafer Construction Corp. , as Principal, and Western Surety Company--- as Surety, located at 15 Second Street Suite 440 Guaynabo,PR 00968--- (Business ifodaess) are held and firmly bound tOBoard of County Commissioners of Collier County,as Obligee in the Sum of Two Hundred Seventy Five Thousand Six Hundred Nine Do11arl$275,609.00 )for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has enteredR, �into a contract dated as of the day of 20 , with Obligee for T;`o�Iier° ou tryo orei°a Collier County Bid#16-060 in Collier County.FL 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 worts 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 13 day of February 2017 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. !TB 16-6683 Bus Stop Improvements 30 Construction Services Agreement for Grant Funded Projects:081302016 CAC 1607 • Signed, sealed and delivered in the presence of: PRINCIPAL Jafer Construction Corp. 1>r41-, , ern1q-1,30c7- BY: k o€( Fee- 4N act, SecnWnry Witnesses as to Principal NAME: •/r` __.. //rte ITS: STATE OF rn ` � COUNTY OF M.i*1: c 1 The ore •in :int ent was acknowledged before me thi•. / • 9 g 9e S day of� 7, - ► �'.. _2..&y. , as _,_ _ 4L.._ of 'Si , •• • , a _s��r l_. _ • corporatio ; on behalf . the 1rp:ration. Up/she ' ersonall known to 0 OR has produced / I as identification and did(did not to e an oath. /Or / / My Commission Expires: -/�!' �•-T ' ('Ignatti - of Notary) ' s ..mo, k a Sello NAME: 1 44_.i., O v i • >'^lL s 1�sg Ct. INI•, �'-.. . Legibly Printed) **aloe' CI .i': ., ,d't a,;tx. , . ;�,,� G k - ,_ , -rte - ) 0\ ksa) is ;J 'CO `,i .4 ' /� 9 .i� Nota Public State of UL2411_:� , Z,v l -7\ Commission No.: Q 3YW� W.;0+ �: jpq ;•,'"#:. µH i p 1 Z7 e its-'�p� w \F e S r+r,.. ✓ ": t ..-.-_-•••-,1.___,' , {� SURETY: ,,, a4 , .,,•;',,,,L,5 a o r J N ,,' ri. � '3 Western Surety Company @ate a _:- (Printed Name) .., -1.r...,',8 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) ITB 16-6683 Bus Stop Improvements 31 Construction Services Agreement for Grant Funded Projects:061302016 0 OR \- .c-c_1,--QKJGvJ As Attorney in Fact ��5 (Attach Power of Attorney) Rachel Narvaez Wit sses Lourdes Domenech (Printed Name) 15 Second Street Suite 440 Guaynabo,PR 00968 (Business Address) (787)783-0606 (Telephone Number) STATE OF Affidavit No.`2 7 J 3 COUNTY OF The foregoing instrument was acknowledged before me this 13 day of February , 20 17 , by Rachel Narvaez--- , as Attorney-in-fact of Western Surety Company-- Surety, on behalf of Surety. He/She is personally known to me OR has produced as identificatio GO. wh did (did not)take an oath. ---)(4,,, My Commission Expires: , (Signature) 4\-fl u /?`-4- CAM Ml's r, , ,,i Name: Hector F.Molina -f (,, _j O i.c, (ik6(72 (Legibly Printed) 1 (AFF X OFFICIAL SEAL) Notary Public, State of: Commission No.: Co/ 7 z— 4% rv+ NICIEM /q` 1410 w.14,41, Y a Sello b. -E.\ p. �� v `�+ 4E Oa cF,m WE ,�, s ''). }rt, . izi 1/3 " ) cir„ N30 i—&—( g LANE m .g cA) �G' ..t� !�Y f fir". a .�cf ,0�CO /�,e� �.:.:,. � sem{ � :L-, Zt .. !TB 16-6683 Bus Stop Improvements 32 Construction Services Agreement for Grant Funded Projects:061302016 \--- cit.) { ilk t44-4 uor• Svm 4. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Bus Stop Improvements Bond No, 30004950 Contract No. 16-6683 KNOW ALL MEN BY THESE PRESENTS: That Jafer Construction Corp.--- , as Principal, and Western Surety Company---- as Surety, located at 15 Second Street Suite 440 Guaynabo,PR 00968---- (Business Address) are held and firmly bound to Board of County Commissioners of Collier County.Florida , aS Obligee in the sum of Two Hundred Seventy Five Thousand Six Hundred Nine Dollars&00/100 ($275,609.00--- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2016, with Obligee for Bus Stop Improvements Collier County Did#16-6683 Collier County.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. ITB 16-6683 Bus Stop Improvements 33 Construction Services Agreement for Grant Funded Projects:061302016 U la IN WITNESS WHEREOF, the above parties have executed this instrument this 13 day of February ,20 17 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed,sealed and delivered in the presence of: PRINCIPAL Jafer Construction Corp. +iln", h BY: (1"—_,1 9 Witnesses as to rincipai NAME: 0oe1 Ndtnipe'i, Sec.r�''r y ITS: STATE OF 4. _'...t_. _ .C2) �� COUNTY OF .•�•}fir, Toregoing in rum t s acknov,Vied ed before me this /,� day of 20 I by as . I corporation,on behalf 1 corporation. He/she is perso Iiy known to "e OR has produced as iden sa'on and did (did not) take an oath. My Commission Expires: IfiAtCbActi (Si ature) Name: i %CGtled0 !obl4zo S+-4-arez (legibly Printed) cl Sello Notary Public, State of:T Lf� 'C,O . A y G 01 t Commission No.: fU/ .., ti;ti, }�. ' •_ -2 eco fd.,IX/ t.� -----`:�( -�� � SycjQ' IR Z v as ° `.1` �� iJ39c a. `✓' tea ^;,L . �' �'4 a67s' �Y ITB 16-6683 Bus Stop Improvements 34 Construction Services Agreement for Grant Funded Projects:061302016 Os, J IYF x: n Li „ ATTEST: SURETY: Western Surety Company (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) �� Rachel Narvaez Witne es Lourdes Domenech (Printed Name) 15 Second Street Suite 440 Guavnabo,PR 00968 (Business Address) (787)783-0606 (Telephone Number) `'� STATE OF Affidavit No7 S Y, y COUNTY OF The foregoing instrument was acknowledged before me this 13 day of February 20 17 , by Rachel Narvaez as Attorney-in-fact of Western Surety Company a Surety, on behalf of Surety. He/She is �" ty personally known to me OR has produced � L y as idettification :nd who did( not) ake an oath. =. ,�; V- .1?J My Commission Expires: '74,72P::,4-'—'.., (� (Signature) ;', ;.$F�. ' c�4' l A u irr A Cv,l , tt,,M£',,} qti' rr 1 �' Name: Hector F.Molina v 3, I..3'..,;:01,1'A-.11 H (Legibly Printed) f`, (AF d r Notary Public, State of: Oovd as r 0(((yyyy Commission No.: 6(72. OSIS# » . \ 6 v MM. ;uj.q kill' 1 0 , 4, i ` 9LOL9ti09-91. W to , 6-6683 Bu :4 ovements V x 35 Construction Services Agreement for Grant Funded Projects:061302016 0 ij License No:60447 Commonwealth of Puerto Rico NPN:16421374 OFFICE OF THE COMMISSIONER OF INSURANCE RACHEL MARIA NARVAEZ CALDERO CNA Surety #15 Second Street-Suite 440 GUAYNABO,PR 00968. This is to certify that pursuant to requirements of the Insurance Code of Puerto Rico the above named is qualified to do business in Puerto Rico with the authority listed below. EFFECTIVE- EXPIRATION MAXIMUM DATE OF POWER OF ATTORNEY DATE DATE AMOUNT POWER NATIONAL FIRE INSURANCE COMPANY 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 RACHEL MARIA NARVAEZ CALDERO PENNSYLVANIA CONTINENTAL 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 #15 SECOND STREET-CSUITE 440 CASUALTY COMPANY GUAYNABO PR 00968 WESTERN SURETY 08/01/2015 07/31/2017 UNLIMITED 10/12/2012 COMPANY This qualification shall remain in effect until the expiration date,when applicable,unless previously suspended,revoked or terminated pursuant la the law and regulations in forte. l/Angela Weyne Roig Commissioner of Insurance To validate the accuracy of this license you may review the same at https://sbs-pr.naic.org/Lion-Web/jsp/sbsreports/AgentLoolcup.jsp Commonwealth of Puerto License No:60447 NPN: 16421374 Rico OFFICE OF THE COMMISSIONER OF INSURANCE RACHEL MARIA NARVAEZ CALDERO CNA Surety #15 Second Street-Suite 440 GUAYNABO,PR 00968 This is to certify that pursuant to requirements of the Insurance Code of Puerto Rico the above named is qualified to do business in Puerto Rico with the authority listed below. EFFECTIVE EXPIRATION MAXIMUM DATE OF POWER OF ATTORNEY DATE - DATE ` AMOUNT POWER NATIONAL FIRE INSURANCE 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 PENNSYLVANIA CONTINENTAL CASUALTY 08/01/2015 07/31/2017 UNLIMITED 06/10/2011 COMPANY WESTERN SURETY COMPANY 08/01/2015 07/31/2017 UNLIMITED 10/12/2012 This qualification shall remain in effect until the expiration date,when applicable,unless previously suspended, revoked or terminated pursuant to the law and regulations in force. J Angela Weyne Roig Commissioner of Insurance To validate the accuracy of this license you may review the same at https://sbs-pr.naic.org/Lion-Web/j sp/sbsreports/AgentLoolcup.j sp I • fi'fi '° !.aat ui Company#:3116906 • Le if • Jr b. Commonwealth of Puerto Rico OFFICE OF THE COMMISSIONER OF INSURANCE Certificate of Authority This is to certify that Western Surety Company 101 S.Reid Street Sioux Falls SD 57103 has complied with the corresponding requirements of the Insurance Code of Puerto Rico and is therefore granted authority to transact, within Puerto Rico Surety insurance. This authorization shall be in force from July 01, 2016 to June 30, 2017 unless previously suspended, revoked or terminated pursuant to the law and regulations in force. In witness whereof, I hereunto subscribe my name and affix my official seal at Guaynabo, Puerto Rico, this 3rd day of June, 2016. 0401 ss 0 t5 ffi ce 1 �; 4 :t gels Weyne 'oig 00 eff4t �QJw Commissioner of Insurance 1 Western Surely CCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL.ATTORNEY-IN-FACT Know All Men By These Presents,Thar WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Rachel Narvaez, Individually of GuiT++cl{JO PR its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and us corporate seal to be hereto affixed on this 12th day of October 2012 WESTERN SURETY COMPANY i„"[ hTs -I '�ry apµo`p` Paul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 19th day of Ort ober , 2012 ,before me pe., me known,who, being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above iastrurnent,that he imows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHB June 23,2015 } Sot DAKOTA S f # } J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in fame,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 13 day of FEBRUARY 2017 WESTERN SURETY COMPANY is$2(1.1---61--177t) L.Nelson,Assistant Secretary Form F4280-7-2012 i6c ' Authorizing By-Law !SOP!'&D BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies,undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary;and 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 die Company. 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 maybe printed by facsimile. Im I / . va.V 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage01 and charge the Vendor for such coverages purchased. If Vendor fails to reimburse ITB 16-6683 Bus Stop Improvements 36 0 Construction Services Agreement for Grant Funded Projects:061302016 6 06■■j J / 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 coverages 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. ITB 16-6683 Bus Stop Improvements 37 Construction Services Agreement for Grant Funded Projects:061302016 C7� '-it � { 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 Contractor/Vendor/ 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 Contractor/Vendor/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. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. ITB 16-6683 Bus Stop Improvements 38 Construction Services Agreement for Grant Funded Projects:061302016 0 1607 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. RLC 7/19/2016 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 ITB 16-6683 Bus Stop Improvements 39 Construction Services Agreement for Grant Funded Projects:061302016 I EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared whoafter 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 its 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 cf ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as idetification 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.: ITB 16-6683 Bus Stop Improvements 40 0 Construction Services Agreement for Grant Funded Projects:061302016 u. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://purchasinq.colliergov.net/Forms/Forms/AllItems.aspx ITB 16-6683 Bus Stop Improvements 41 Construction Services Agreement for Grant Funded Projects:061302016 r it EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Formsl/Forms/Default.aspx Change Order Form Cantract#: Changed: Purchase Order#: Project Cantracto rffi rm Name: Project Name: Project Manager Name Department: OriginaI Contract/Work Order Amount Cr Ohm,I BCCA oval Rate;Agenda Ile n# cunt BCC.Apprawsd Amoufrt Last A4pproval 3*P ends Current Contact/Wok Cadet Amount: § SAP Contract Expiration Date(fvlester}, ..........._. Doter Amount of this Change t 3IV/01 Total Charge from Ctiginal Amount Revised ContractWork Order Total $ 0.00 #DIV/0! Strange from C tar ant BCC Approve Arrount Cu:mulativeChanges .S 0.00 *POIV/0! Change from Currer*'Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceee Original Last: Approved Revised Date Date II Completion Dat Date (tarso r9 #ofDaysAdded Select Tasks la Add newtask{s} Deletetasks} 13 Changetask{s}13 Other(ee?mow) Provide a respon seta the following:1.)detailed and specific explanation/rationale of the requested change{s}to the task{s}and/or the additional days added(if requested);2.}why this change was not included in the anginal contract and,3.}describe the impact if this change is not processed. Attach additional information from the Design Professional a t or Contractor if needed. Prepared by: Date: (Project Manager Name and Department) Acceptance of this Change Order shall dominate amodification toeorslra lwont order identified above arid wiz€be subject to at tiresome terms and con ions as contained in the contract/work order indicated above,as fully as if the same were st}1ef in this acceptance.The adjustment,if airy,to the Contract shall constitute a full and final settlement of any and all claims of ttie Contractor/Vendor/Consultant! Design Professional arising out of or rettated to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: (Contractor/Vendiza/Consultant/Design Proffessic nai and Name of Firm,if Arca tapplicabls) Approved by: Date: {Design Professional and Name of Firm,if project applicable} Approved by: Dale: {Procurement Professional 4µi' a ran rrq tire,aat ra sign es maw iatc.14o:siwtoisEbro.} wised:t°3a'ZOl ITB 16-6683 Bus Stop Improvements 42 Construction Services Agreement for Grant Funded Projects:061302016 1607 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. ITB 16-6683 Bus Stop Improvements 43 Construction Services Agreement for Grant Funded Projects:061302016 O� J I 6 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 ITB 16-6683 Bus Stop Improvements 44 Construction Services Agreement for Grant Funded Projects:061302016 tet) 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: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) ITB 16-6683 Bus Stop Improvements 45 .gat Construction Services Agreement for Grant Funded Projects:061302016 "� EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 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 ITB 16-6683 Bus Stop Improvements 46 Construction Services Agreement for Grant Funded Projects:061302016 and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work(except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 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. ITB 16-6683 Bus Stop Improvements 47 Construction Services Agreement for Grant Funded Projects:061302016 4. PROGRESS PAYMENTS. $ 6 13 ? 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 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 Procurement Services Division 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 ITB 16-6683 Bus Stop Improvements 48 6:),) Construction Services Agreement for Grant Funded Projects:061302016 i rt j 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 Procurement Ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval,a detailed Project Funding Schedule,which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. 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. ITB 16-6683 Bus Stop Improvements 49 lj Construction Services Agreement for Grant Funded Projects:061302016 6 n 6. PAYMENTS WITHHELD. 6.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 6.2 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. 6.3 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 and/or for materials delivered in association with a contract. 7. FINAL PAYMENT. 7.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 7.2 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. �'J ITB 16-6683 Bus Stop Improvements 50 Construction Services Agreement for Grant Funded Projects:061302016 lóD v 8. SUBMITTALS AND SUBSTITUTIONS. 8.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of j such materials and the installation thereof. 8.2 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. 8.3 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. 8.4 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. 8.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's (5, consultants in evaluating substitutions proposed by Contractor and making changes in the ITB 16-6683 Bus Stop Improvements 51 Construction Services Agreement for Grant Funded Projects:061302016 I LI 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. 9. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 9.1 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: 1 9.1.1 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; 9.1.2 Soil conditions which adversely affect the Work; 9.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 9.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 9.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 9.1.6 Description of Work being performed at the Project site; 9.1.7 Any unusual or special occurrences at the Project site; 9.1.8 Materials received at the Project site; 9.1.9 A list of all visitors to the Project 9.1.10 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. 9.2 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 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 G' . ,.) ITB 16-6683 Bus Stop Improvements 52 Construction Services Agreement for Grant Funded Projects:061302016 1607 payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9.3 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. 9.4 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. ITB 16-6683 Bus Stop Improvements 53 Construction Services Agreement for Grant Funded Projects:061302016 l��J 1 6 1:1 9.5 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.6 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 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 �v ITB 16-6683 Bus Stop Improvements 54 Construction Services Agreement for Grant Funded Projects:061302016 (k„). 10 - 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. 9.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty- eight(48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of 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 this section. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty- eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) ITB 16-6683 Bus Stop Improvements 55 Construction Services Agreement for Grant Funded Projects:061302016 I 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 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, ITB 16-6683 Bus Stop Improvements 56 (9Construction Services Agreement for Grant Funded Projects:061302016 laid '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 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 Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the vendor'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 ITB 16-6683 Bus Stop Improvements 57 Construction Services Agreement for Grant Funded Projects:061302016 4.4 tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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 ITB 16-6683 Bus Stop Improvements 58 izJ Construction Services Agreement for Grant Funded Projects:061302016 , 60 i 1 consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore 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. ITB 16-6683 Bus Stop Improvements 59 EV) Construction Services Agreement for Grant Funded Projects:061302016 0 fM14 �f 1. 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. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve 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: (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. ITB 16-6683 Bus Stop Improvements 60411) Construction Services Agreement for Grant Funded Projects:061302016 3 1 f.; i "7 (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 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. eITB 16-6683 Bus Stop Improvements 61 Construction Services Agreement for Grant Funded Projects:061302016 6 ri w 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. 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 (induding, 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 ITB 16-6683 Bus Stop Improvements 62 Construction Services Agreement for Grant Funded Projects:061302016 1 6 0 7 defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs 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 it comply with the above condition, the Project Manager shall, at his discretion, deduct from the ITB 16-6683 Bus Stop Improvements 63 Construction Services Agreement for Grant Funded Projects:061302016 16137 7 Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional 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: ITB 16-6683 Bus Stop Improvements 64 Construction Services Agreement for Grant Funded Projects:061302016 1 6 rt 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; ITB 16-6683 Bus Stop Improvements 65 Construction Services Agreement for Grant Funded Projects:061302016 1 607 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 Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and 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 ITB 16-6683 Bus Stop Improvements 66 Construction Services Agreement for Grant Funded Projects:061302016 I 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. 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 ITB 16-6683 Bus Stop Improvements 67 Construction Services Agreement for Grant Funded Projects:061302016 c i aw.c4' fie. to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design ITB 16-6683 Bus Stop Improvements 68 Construction Services Agreement for Grant Funded Projects:061302016 i 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 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 ITB 16-6683 Bus Stop Improvements 69 Construction Services Agreement for Grant Funded Projects:061302016 16 17 -7 La 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 At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below.All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPScolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exdusive jurisdiction on all such matters. 37.VALUE ENGINEERING All projects with an estimated cost of$10 million or more shall be reviewed for consideration of ITB 16-6683 Bus Stop Improvements 70 Construction Services Agreement for Grant Funded Projects:061302016 4 a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of 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. Statute. 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 exdusive jurisdiction on all such matters. 4 ITB 16-6683 Bus Stop Improvements 71 Construction Services Agreement for Grant Funded Projects:061302016 6fl2 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.net/bid/ A: Granting Agency Provisions B: Grant Forms (Submit with bid package) ITB 16-6683 Bus Stop Improvements 72 Construction Services Agreement for Grant Funded Projects:061302016 s V 7 1607 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. Box is Checked If Applicable ® 1.Fly America Requirements ® 2.Buy America Requirements-Sign Certification ® 3.Charter Bus and School Bus Requirements ® 4.Cargo Preference Requirements ® 5.Seismic Safety Requirements ® 6.Energy Conservation Requirements ® 7.Clean Water Requirements ❑ 8.Bus Testing-Sign Certification ❑ 9.Pre-Award and Post Delivery Audit Requirements-Sign Certification ® 10.Lobbying-Sign Certification ® 11.Access to Records and Reports ® 12.Federal Changes ® 13.Bonding Requirements ® 14.Clean Air ® 15.Recycled Products 16.Davis-Bacon and Copeland Anti-Kickback Acts ® 17.Contract Work Hours and Safety Standards Act 18. [Reserved] ® 19.No Government Obligation to Third Parties ®20.Program Fraud and False or Fraudulent Statements and Related Acts Z 21.Termination ®22.Government-wide Debarment and Suspension-Sign Exhibit Certification 23.Privacy Act ®24.Civil Rights Requirements 25.Breaches and Dispute Resolution ❑26.Patent and Rights in Data ❑27.Transit Employee Protective Agreements ®28.Disadvantaged Business Enterprises(DBE) (TWO FORMS) Anticipated DBE Form and Bidders List ❑29. [Reserved] ® 30.Incorporation of Federal Transit Administration(FTA)Terms ® 31.Drug and Alcohol Testing ® 32.ADA Access 0 33.ITS Standards Z 34.Dept of Labor EEO Provision Forms to Submit with Bid: • Buy America • Lobbying • Government wide Debarment&Suspension • DBE/MBE Participation • Bid Opportunity List • Acknowledgement of Grant Terms and Conditions • Conflict of Interest • Drug Free Workplace Rev 5/12/16 1 1607 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. FLY AMERICA REQUIREMENTS provided under one of the exceptions must be "incidental," (Applies to subcontracts) i.e., it must not interfere with or detract from the provision of mass transportation. The Contractor agrees to comply with 49 U.S.C. 40118(the "Fly America" Act) in accordance with the General 3. SCHOOL BUS REQUIREMENTS Services Administration's regulations at 41 CFR Part 301- Pursuant to 69 U.S.C. 5323(0 and 49 CFR Part 605, 10, which provide that recipients and subrecipients of recipients and subrecipients of FTA assistance may not Federal funds and their contractors are required to use U.S. engage in school bus operations exclusively for the Flag air carriers for U.S Government-financed international transportation of students and school personnel in air travel and transportation of their personal effects or competition with private school bus operators unless property, to the extent such service is available, unless qualified under specified exemptions. When operating travel by foreign air carrier is a matter of necessity, as exclusive school bus service under an allowable exemption, defined by the Fly America Act. The Contractor shall recipients and subrecipients may not use federally funded submit, if a foreign air carrier was used, an appropriate equipment,vehicles,or facilities. certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it 4. CARGO PREFERENCE REQUIREMENTS was necessary to use a foreign air carrier and shall, in any (Applies to subcontracts) event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include Use of United States-Flag Vessels-The contractor agrees: the requirements of this section in all subcontracts that may involve international air transportation. a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage 2. BUY AMERICA REQUIREMENTS (computed separately for dry bulk carriers, dry cargo liners, (Applies to subcontracts) and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying The contractor agrees to comply with 49 U.S.C.5323(j)and contract to the extent such vessels are available at fair and 49 C.F.R. Part 661, which provide that Federal funds may reasonable rates for United States-Flag commercial vessels; not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the b. to furnish within 20 working days following the date of United States, unless a waiver has been granted by FTA or loading for shipments originating within the United States the product is subject to a general waiver. General waivers or within 30 working days following the date of leading for are listed in 49 C.F.R. 661.7, and include final assembly in shipments originating outside the United States, a legible the United States for 15 passenger vans and 15 passenger copy of a rated, "on-board" commercial ocean bill-of - wagons produced by Chrysler Corporation, and lading in English for each shipment of cargo described in microcomputer equipment and software. Separate the preceding paragraph to the Division of National Cargo, requirements for rolling stock are set out at 49 U.S.C. Office of Market Development, Maritime Administration, 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be Washington, DC 20590 and to the FTA recipient (through assembled in the United States and have a 60 percent the contractor in the case of a subcontractor's bill-of- domestic content. lading.) A bidder or offeror must submit to the FTA recipient c. to include these requirements in all subcontracts issued the appropriate Buy America certification pursuant to this contract when the subcontract may involve (Attachments) with all bids or offers on FTA-funded the transport of equipment, material, or commodities by contracts,except those subject to a general waiver. Bids or ocean vessel. offers that are not accompanied by a completed Bu America certification must be rejected as nonresponsive. 5. SEISMIC SAFETY REQUIREMENTS This requirement does not apply to lower tier The contractor agrees that any new building or addition to subcontractors. an existing building will be designed and constructed in accordance with the standards for Seismic Safety required 3. CHARTER BUS REQUIREMENTS in Department of Transportation Seismic Safety The contractor agrees to comply with 49 U.S.C. 5323(d) Regulations 49 CFR Part 41 and will certify to compliance and 49 CFR Part 604, which provides that recipients and to the extent required by the regulation. The contractor also subrecipients of FTA assistance are prohibited from agrees to ensure that all work performed under this contract providing charter service using federally funded equipment including work performed by a subcontractor is in or facilities if there is at least one private charter operator compliance with the standards required by the Seismic willing and able to provide the service, except under one of Safety Regulations and the certification of compliance the exceptions at 49 CFR 604.9. Any charter service issued on the project. ( Q V Rev 5/12/16 2 7 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 address of the recipient of such a vehicle and the details of 6. ENERGY CONSERVATION REQUIREMENTS that vehicle's configuration and major components. (Applies to subcontracts) 9. PRE-AWARD AND POST DELIVERY AUDITS The contractor agrees to comply with mandatory standards REQUIREMENTS and policies relating to energy efficiency which are contained in the state energy conservation plan issued in Pre-Award and Post-Delivery Audit Requirements-The compliance with the Energy Policy and Conservation Act. Contractor agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R.Part 663 and to 7. CLEAN WATER REQUIREMENTS submit the following certifications: (Applies to subcontracts OVER$10,000) (1) Buy America Requirements: The Contractor shall (1) The Contractor agrees to comply with all applicable complete and submit a declaration certifying either standards, orders or regulations issued pursuant to the compliance or noncompliance with Buy America. If the Federal Water Pollution Control Act, as amended, 33 Bidder/Offeror certifies compliance with Buy America, it U.S.C. 1251 et seg. The Contractor agrees to report each shall submit documentation which lists 1) component and violation to the Purchaser and understands and agrees that subcomponent parts of the rolling stock to be purchased the Purchaser will, in turn, report each violation as required identified by manufacturer of the parts, their country of to assure notification to FTA and the appropriate EPA origin and costs; and 2) the location of the final assembly Regional Office. point for the rolling stock, including a description of the activities that will take place at the final assembly point and (2)The Contractor also agrees to include these requirements the cost of final assembly. in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the 8. BUS TESTING bid specifications. Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C.A 5323(c)and FTA's implementing (3)Federal Motor Vehicle Safety Standards(FMVSS): The regulation at 49 CFR Part 665 and shall perform the Contractor shall submit 1) manufacturer's FMVSS self- following: certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified 1) A manufacturer of a new bus model or a bus produced statement that the contracted buses will not be subject to with a major change in components or configuration shall FMVSS regulations. provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient 10. LOBBYING which will be prior to the recipient's final acceptance of the first vehicle. Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, 2) A manufacturer who releases a report under paragraph 1 "New Restrictions on Lobbying." Each tier certifies to the above shall provide notice to the operator of the testing tier above that it will not and has not used Federal facility that the report is available to the public. appropriated funds to pay any person or organization for influencing or attempting to influence an officer or 3) If the manufacturer represents that the vehicle was employee of any agency, a member of Congress, officer or previously tested, the vehicle being sold should have the employee of Congress, or an employee of a member of identical configuration and major components as the vehicle Congress in connection with obtaining any Federal contract, in the test report, which must be provided to the recipient grant or any other award covered by 31 U.S.C. 1352. Each prior to recipient's final acceptance of the first vehicle. If tier shall also disclose the name of any registrant under the the configuration or components are not identical, the Lobbying Disclosure Act of 1995 who has made lobbying manufacturer shall provide a description of the change and contacts on its behalf with non-Federal funds with respect to the manufacturer's basis for concluding that it is not a major that Federal contract, grant or award covered by 31 U.S.C. change requiring additional testing. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the 11. ACCESS TO RECORDS AND REPORTS United States before October 1, 1988,and is currently being The following access to records requirements apply to this produced without a major change in configuration or Contract: components), the manufacturer shall provide the name and C,? Rev 5/12/16 3 t 160: 7 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. Where the Purchaser is not a State but a local 6. The Contractor agrees to maintain all books, records, government and is the FTA Recipient or a subgrantee of the accounts and reports required under this contract for a FTA Recipient in accordance with 49 C.F.R. 18.36(i), the period of not less than three years after the date of Contractor agrees to provide the Purchaser, the FTA termination or expiration of this contract, except in the Administrator,the Comptroller General of the United States event of litigation or settlement of claims arising from the or any of their authorized representatives access to any performance of this contract, in which case Contractor books, documents, papers and records of the Contractor agrees to maintain same until the Purchaser, the FTA which are directly pertinent to this contract for the purposes Administrator,the Comptroller General,or any of their duly of making audits, examinations,excerpts and transcriptions. authorized representatives, have disposed of all such Contractor also agrees, pursuant to 49 C.F.R. 633.17 to litigation, appeals, claims or exceptions related thereto. provide the FTA Administrator or his authorized Reference 49 CFR 18.39(i)(11). representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a 12. FEDERAL CHANGES major capital project, defined at 49 U.S.C. 5302(a)1, which Contractor shall at all times comply with all applicable FTA is receiving federal financial assistance through the regulations, policies, procedures and directives, including programs described at 49 U.S.C.5307,5309 or 5311. without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they 2. Where the Purchaser is a State and is the FTA Recipient may be amended or promulgated from time to time during or a subgrantee of the FTA Recipient in accordance with 49 the term of this contract. Contractor's failure to so comply C.F.R. 633.17, Contractor agrees to provide the Purchaser, shall constitute a material breach of this contract. the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's 13. BONDING REQUIREMENTS records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving Bid Security federal financial assistance through the programs described A Bid Bond must be issued by a fully qualified surety at 49 U.S.C. 5307, 5309 or 5311. By definition, a major company acceptable to (Recipient) and listed as a company capital project excludes contracts of less than the currently authorized under 31 CFR,Part 223 as possessing a simplified acquisition threshold currently set at Certificate of Authority as described thereunder. $100,000. Rights Reserved 3. Where the Purchaser enters into a negotiated contract for In submitting this Bid,it is understood and agreed by bidder other than a small purchase or under the simplified that the right is reserved by(Recipient)to reject any and all acquisition threshold and is an institution of higher bids,or part of any bid,and it is agreed that the Bid may not education, a hospital or other non-profit organization and is be withdrawn for a period of[ninety (90)] days subsequent the FTA Recipient or a subgrantee of the FTA Recipient in to the opening of bids, without the written consent of accordance with 49 C.F.R. 19.48, Contractor agrees to (Recipient). provide the Purchaser, FTA Administrator,the Comptroller General of the United States or any of their duly authorized It is also understood and agreed that if the undersigned representatives with access to any books,documents,papers bidder should withdraw any part or all of his bid within and record of the Contractor which are directly pertinent to [ninety (90)] days after the bid opening without the written this contract for the purposes of making audits, consent of(Recipient), shall refuse or be unable to enter examinations,excerpts and transcriptions. into this Contract, as provided above,or refuse or be unable to furnish adequate and acceptable Performance Bonds and 4. Where any Purchaser which is the FTA Recipient or a Labor and Material Payments Bonds,as provided above, or subgrantee of the FTA Recipient in accordance with 49 refuse or be unable to furnish adequate and acceptable U.S.C. 5325(a) enters into a contract for a capital project or insurance, as provided above, he shall forfeit his bid improvement(defined at 49 U.S.C. 5302(a)1)through other security to the extent of(Recipient's) damages occasioned than competitive bidding, the Contractor shall make by such withdrawal, or refusal, or inability to enter into an available records related to the contract to the Purchaser,the agreement,or provide adequate security therefore. Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the It is further understood and agreed that to the extent the purposes of conducting an audit and inspection. defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check 5. The Contractor agrees to permit any of the foregoing (excluding any income generated thereby which has been parties to reproduce by any means whatsoever or to copy retained by (Recipient) as provided in [Item x "Bid excerpts and transcriptions as reasonably needed. Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense(Recipient) for the damages Rev 5/12/16 4 1 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 occasioned by default,then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the Patent Infringement Bonding Requirements (Patent difference between the bid security and (Recipient's) total Indemnity) damages,so as to make(Recipient)whole. The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and The undersigned understands that any material alteration of the financial responsibility of the Contractor is unknown or any of the above or any of the material contained on this doubtful. The(recipient) shall determine the amount of the form, other than that requested, will render the bid patent indemnity to protect the(Recipient). unresponsive. Warranty of the Work and Maintenance Bonds Performance and Payment Bonding Requirements 1. The Contractor warrants to (Recipient), the Architect (Construction) and/or Engineer that all materials and equipment furnished A contractor or vendor shall provide a surety bond from a under this Contract will be of highest quality and new surety company to guarantee full and faithful performance unless otherwise specified by (Recipient), free from faults of a contract obligation and the payment of labor and and defects and in conformance with the Contract material expended pursuant to a contract whenever, and in Documents. All work not so conforming to these standards such amounts,as required by statute or otherwise as deemed shall be considered defective. If required by the [Project necessary by the Purchasing Director. An irrevocable letter Manager], the Contractor shall furnish satisfactory evidence of credit from a financial institution operating within the as to the kind and quality of materials and equipment. State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of 2. The Work furnished must be of first quality and the the performance bond if so provided for in the bid and workmanship must be the best obtainable in the various contract documents. All such bonds or letters of credit shall trades. The Work must be of safe, substantial and durable be approved as to form by the County Attorney. construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty A. Contractor shall provide Performance and Payment workmanship for a minimum period of one (1) year after Bonds in the amount of 100%of the Contract Amount, Final Payment by(Recipient) and shall replace or repair any the costs of which are to be paid by Contractor. The defective materials or equipment or faulty workmanship Performance and Payment Bonds shall be underwritten during the period of the guarantee at no cost to(Recipient). by a surety authorized to do business in the State of As additional security for these guarantees, the Contractor Florida and otherwise acceptable to Owner; provided, shall, prior to the release of Final Payment [as provided in however, the surety shall meet the requirements of the Item X below], furnish separate Maintenance (or Department of the Treasury Fiscal Service, Guarantee) Bonds in form acceptable to(Recipient) written "Companies Holding Certificates of Authority as by the same corporate surety that provides the Performance Acceptable Sureties on Federal Bonds and as Bond and Labor and Material Payment Bond for this Acceptable Reinsurance Companies" circular. This Contract. These bonds shall secure the Contractor's circular may be accessed via the web at obligation to replace or repair defective materials and faulty www.fms.treas.gov/c570/c570.html#certifled. Should workmanship for a minimum period of one (1) year after the Contract Amount be less than $500,000, the Final Payment and shall be written in an amount equal to requirements of Section 287.0935,F.S.shall govern the ONE HUNDRED PERCENT (100%) of the CONTRACT rating and classification of the surety. SUM,as adjusted(if at all). B. If the surety for any bond furnished by Contractor is 14. CLEAN AIR declared bankrupt, becomes insolvent, its right to do (Applies to subcontracts OVER$100,000) business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the (1) The Contractor agrees to comply with all applicable Contract Documents, the Contractor shall, within five standards,orders or regulations issued pursuant to the Clean (5) calendar days thereafter, substitute at its cost and Air Act, as amended, 42 U.S.C. §§ 7401 et sec. The expense another bond and surety, both of which shall Contractor agrees to report each violation to the Purchaser be subject to the Owner's approval. and understands and agrees that the Purchaser will, in turn, report each violation as required to Advance Payment Bonding Requirements assure notification to FTA and the appropriate EPA The Contractor may be required to obtain an advance Regional Office. payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (2)The Contractor also agrees to include these requirements (recipient) shall determine the amount of the advance in each subcontract exceeding $100,000 financed in whole payment bond necessary to protect the(Recipient). or in part with Federal assistance provided by FTA. Rev 5/12/16 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (WH-1321) shall be posted at all times by the contractor 15. RECYCLED PRODUCTS and its subcontractors at the site of the work in a prominent (Applies to subcontracts for purchases $10,000 or more and accessible place where it can be easily seen by the of one of these items in a fiscal year, or when the cost of workers. such items purchased during the previous fiscal year was$10,000.) (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed Recovered Materials - The contractor agrees to comply in the wage determination and which is to be employed with all the requirements of Section 6002 of the Resource under the contract shall be classified in conformance with Conservation and Recovery Act (RCRA), as amended (42 the wage determination. The contracting officer shall U.S.C. 6962), including but not limited to the regulatory approve an additional classification and wage rate and provisions of 40 CFR Part 247,and Executive Order 12873, fringe benefits therefore only when the following criteria as they apply to the procurement of the items designated in have been met: Subpart B of 40 CFR Part 247. (1) Except with respect to helpers as defined as 29 CFR 16. DAVIS-BACON AND COPELAND ANTI- 5.2(n)(4), the work to be performed by the classification KICKBACK ACTS requested is not performed by a classification in the wage determination;and (1)Minimum wages-(i)All laborers and mechanics employed or working upon the site of the work(or under (2) The classification is utilized in the area by the the United States Housing Act of 1937 or under the construction industry;and Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often (3)The proposed wage rate, including any bona fide fringe than once a week,and without subsequent deduction or benefits, bears a reasonable relationship to the wage rates rebate on any account(except such payroll deductions as contained in the wage determination;and are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full (4)With respect to helpers as defined in 29 CFR 5.2(n)(4), amount of wages and bona fide fringe benefits(or cash such a classification prevails in the area in which the work equivalents thereof)due at time of payment computed at is performed. rates not less than those contained in the wage determination of the Secretary of Labor which is attached (B) If the contractor and the laborers and mechanics to be hereto and made a part hereof,regardless of any contractual employed in the classification (if known), or their relationship which may be alleged to exist between the representatives, and the contracting officer agree on the contractor and such laborers and mechanics. classification and wage rate (including the amount designated for fringe benefits where appropriate), a report Contributions made or costs reasonably anticipated for bona of the action taken shall be sent by the contracting officer to fide fringe benefits under section 1(b)(2) of the Davis- the Administrator of the Wage and Hour Division, Bacon Act on behalf of laborers or mechanics are Employment Standards Administration,U.S. Department of considered wages paid to such laborers or mechanics, Labor, Washington, DC 20210. The Administrator, or an subject to the provisions of paragraph(1)(iv)of this section; authorized representative, will approve, modify, or also, regular contributions made or costs incurred for more disapprove every additional classification action within 30 than a weekly period (but not less often than quarterly) days of receipt and so advise the contracting officer or will under plans, funds, or programs which cover the particular notify the contracting officer within the 30-day period that weekly period, are deemed to be constructively made or additional time is necessary. incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and (C) In the event the contractor,the laborers or mechanics to fringe benefits on the wage determination for the be employed in the classification or their representatives, classification of work actually performed, without regard to and the contracting officer do not agree on the proposed skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers classification and wage rate (including the amount or mechanics performing work in more than one designated for fringe benefits, where appropriate), the classification may be compensated at the rate specified for contracting officer shall refer the questions, including the each classification for the time actually worked therein: views of all interested parties and the recommendation of Provided,That the employer's payroll records accurately set the contracting officer, to the Administrator for forth the time spent in each classification in which work is determination. The Administrator, or an authorized performed. The wage determination (including any representative, will issue a determination within 30 days of additional classifications and wage rates conformed under receipt and so advise the contracting officer or will notify paragraph(1)(ii)of this section)and the Davis-Bacon poster the contracting officer within the 30-day period that Rev 5/12/16 6 Cs�, V ev.,-, �„ Exhibit IA Federal Transit Administration Provisions CFDA 20.507 additional time is necessary. classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer (D) The wage rate (including fringe benefits where within the 30-day period that additional time is necessary. appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers (C) In the event the contractor,the laborers or mechanics to performing work in the classification under this contract be employed in the classification or their representatives, from the first day on which work is performed in the and the contracting officer do not agree on the proposed classification. classification and wage rate (including the amount designated for fringe benefits, where appropriate), the (iii) Whenever the minimum wage rate prescribed in the contracting officer shall refer the questions, including the contract for a class of laborers or mechanics includes a views of all interested parties and the recommendation of fringe benefit which is not expressed as an hourly rate, the the contracting officer, to the Administrator for contractor shall either pay the benefit as stated in the wage determination. The Administrator, or an authorized determination or shall pay another bona fide fringe benefit representative, will issue a determination with 30 days of or an hourly cash equivalent thereof receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that (iv)If the contractor does not make payments to a trustee or additional time is necessary. other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs (D) The wage rate (including fringe benefits where reasonably anticipated in providing bona fide fringe benefits appropriate) determined pursuant to paragraphs (a)(1)(v) under a plan or program, Provided, That the Secretary of (B) or (C) of this section, shall be paid to all workers Labor has found, upon the written request of the contractor, performing work in the classification under this contract that the applicable standards of the Davis-Bacon Act have from the first day on which work is performed in the been met. The Secretary of Labor may require the classification. contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding—Collier County shall upon its own action or upon written request of an authorized representative of (v)(A)The contracting officer shall require that any class of the Department of Labor withhold or cause to be withheld laborers or mechanics which is not listed in the wage from the contractor under this contract or any other Federal determination and which is to be employed under the contract with the same prime contractor, or any other contract shall be classified in conformance with the wage federally-assisted contract subject to Davis-Bacon determination. The contracting officer shall approve an prevailing wage requirements, which is held by the same additional classification and wage rate and fringe benefits prime contractor, so much of the accrued payments or therefor only when the following criteria have been met: advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, (1) The work to be performed by the classification employed by the contractor or any subcontractor the full requested is not performed by a classification in the wage amount of wages required by the contract. In the event of determination;and failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the (2) The classification is utilized in the area by the site of the work(or under the United States Housing Act of construction industry;and 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, the Collier County may, after (3)The proposed wage rate, including any bona fide fringe written notice to the contractor, sponsor, applicant, or benefits, bears a reasonable relationship to the wage rates owner, take such action as may be necessary to cause the contained in the wage determination. suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their (3) Payrolls and basic records - (i) Payrolls and basic representatives, and the contracting officer agree on the records relating thereto shall be maintained by the classification and wage rate (including the amount contractor during the course of the work and preserved for a designated for fringe benefits where appropriate), a report period of three years thereafter for all laborers and of the action taken shall be sent by the contracting officer to mechanics working at the site of the work (or under the the Administrator of the Wage and Hour Division, United States Housing Act of 1937, or under the Housing Employment Standards Administration, Washington, DC Act of 1949, in the construction or development of the 20210. The Administrator, or an authorized representative, project). Such records shall contain the name, address, and will approve, modify, or disapprove every additional social security number of each such worker, his or her 10. Rev 5/12/16 7 c3 ioe ,-, .. Oj Exhibit IA Federal Transit Administration Provisions CFDA 20.507 correct classification, hourly rates of wages paid (including than the applicable wage rates and fringe benefits or cash rates of contributions or costs anticipated for bona fide equivalents for the classification of work performed, as fringe benefits or cash equivalents thereof of the types specified in the applicable wage determination incorporated described in section 1(b)(2)(B) of the Davis-Bacon Act), into the contract. daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor (C) The weekly submission of a properly executed has found under 29 CFR 5.5(a)(1)(iv)that the wages of any certification set forth on the reverse side of Optional Form laborer or mechanic include the amount of any costs WH-347 shall satisfy the requirement for submission of the reasonably anticipated in providing benefits under a plan or "Statement of Compliance" required by paragraph program described in section 1(b)(2)(B)of the Davis-Bacon (a)(3)(ii)(B)of this section. Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that (D)The falsification of any of the above certifications may the plan or program is financially responsible, and that the subject the contractor or subcontractor to civil or criminal plan or program has been communicated in writing to the prosecution under section 1001 of title 18 and section 231 laborers or mechanics affected, and records which show the of title 31 of the United States Code. costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or (iii) The contractor or subcontractor shall make the records trainees under approved programs shall maintain written required under paragraph (a)(3)(i) of this section available evidence of the registration of apprenticeship programs and for inspection, copying, or transcription by authorized certification of trainee programs, the registration of the representatives of the Federal Transit Administration or the apprentices and trainees, and the ratios and wage rates Department of Labor, and shall permit such representatives prescribed in the applicable programs. to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required (ii)(A)The contractor shall submit weekly for each week in records or to make them available,the Federal agency may, which any contract work is performed a copy of all payrolls after written notice to the contractor, sponsor, applicant, or to Collier County for transmission to the Federal Transit owner, take such action as may be necessary to cause the Administration. The payrolls submitted shall set out suspension of any further payment,advance,or guarantee of accurately and completely all of the information required to funds. Furthermore, failure to submit the required records be maintained under section 5.5(a)(3)(i) of Regulations, 29 upon request or to make such records available may be CFR part 5.This information may be submitted in any form grounds for debarment action pursuant to 29 CFR 5.12. desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of (4) Apprentices and trainees - (i) Apprentices - Documents(Federal Stock Number 029-005-00014-1),U.S. Apprentices will be permitted to work at less than the Government Printing Office, Washington, DC 20402. The predetermined rate for the work they performed when they prime contractor is responsible for the submission of copies are employed pursuant to and individually registered in a of payrolls by all subcontractors. bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training (B) Each payroll submitted shall be accompanied by a Administration, Bureau of Apprenticeship and Training, or "Statement of Compliance," signed by the contractor or with a State Apprenticeship Agency recognized by the subcontractor or his or her agent who pays or supervises the Bureau,or if a person is employed in his or her first 90 days payment of the persons employed under the contract and of probationary employment as an apprentice in such an shall certify the following: apprenticeship program, who is not individually registered in the program,but who has been certified by the Bureau of (1) That the payroll for the payroll period contains the Apprenticeship and Training or a State Apprenticeship information required to be maintained under section Agency (where appropriate) to be eligible for probationary 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such employment as an apprentice. The allowable ratio of information is correct and complete; apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to (2) That each laborer or mechanic (including each helper, the contractor as to the entire work force under the apprentice,and trainee)employed on the contract during the registered program. Any worker listed on a payroll at an payroll period has been paid the full weekly wages earned, apprentice wage rate, who is not registered or otherwise without rebate, either directly or indirectly, and that no employed as stated above, shall be paid not less than the deductions have been made either directly or indirectly applicable wage rate on the wage determination for the from the full wages earned, other than permissible classification of work actually performed. In addition, any deductions as set forth in Regulations,29 CFR part 3; apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid (3) That each laborer or mechanic has been paid not less not less than the applicable wage rate on the wage Rev 5/12/16 8 t� Vis;„ ,;- Exhibit IA Federal Transit Administration Provisions CFDA 20.507 determination for the work actually performed. Where a on the wage determination for the work actually performed. contractor is performing construction on a project in a In the event the Employment and Training Administration locality other than that in which its program is registered, withdraws approval of a training program, the contractor the ratios and wage rates (expressed in percentages of the will no longer be permitted to utilize trainees at less than the journeyman's hourly rate) specified in the contractor's or applicable predetermined rate for the work performed until subcontractor's registered program shall be observed. Every an acceptable program is approved. apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, (iii) Equal employment opportunity - The utilization of expressed as a percentage of the journeymen hourly rate apprentices, trainees and journeymen under this part shall specified in the applicable wage determination. Apprentices be in conformity with the equal employment opportunity shall be paid fringe benefits in accordance with the requirements of Executive Order 11246, as amended, and provisions of the apprenticeship program. If the 29 CFR part 30. apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits (5) Compliance with Copeland Act requirements - The listed on the wage determination for the applicable contractor shall comply with the requirements of 29 CFR classification. If the Administrator of the Wage and Hour part 3,which are incorporated by reference in this contract. Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice (6) Subcontracts - The contractor or subcontractor shall classification, fringes shall be paid in accordance with that insert in any subcontracts the clauses contained in 29 CFR determination. In the event the Bureau of Apprenticeship 5.5(a)(1)through(10)and such other clauses as the Federal and Training,or a State Apprenticeship Agency recognized Transit Administration may by appropriate instructions by the Bureau, withdraws approval of an apprenticeship require, and also a clause requiring the subcontractors to program, the contractor will no longer be permitted to include these clauses in any lower tier subcontracts. The utilize apprentices at less than the applicable predetermined prime contractor shall be responsible for the compliance by rate for the work performed until an acceptable program is any subcontractor or lower tier subcontractor with all the approved. contract clauses in 29 CFR 5.5. (ii) Trainees - Except as provided in 29 CFR 5.16,trainees (7) Contract termination: debarment - A breach of the will not be permitted to work at less than the predetermined contract clauses in 29 CFR 5.5 may be grounds for rate for the work performed unless they are employed termination of the contract, and for debarment as a pursuant to and individually registered in a program which contractor and a subcontractor as provided in 29 CFR 5.12. has received prior approval, evidenced by formal certification by the U.S.Department of Labor,Employment (8) Compliance with Davis-Bacon and Related Act and Training Administration. The ratio of trainees to requirements-All rulings and interpretations of the Davis- journeymen on the job site shall not be greater than Bacon and Related Acts contained in 29 CFR parts 1,3,and permitted under the plan approved by the Employment and 5 are herein incorporated by reference in this contract. Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the (9) Disputes concerning labor standards - Disputes trainee's level of progress, expressed as a percentage of the arising out of the labor standards provisions of this contract journeyman hourly rate specified in the applicable wage shall not be subject to the general disputes clause of this determination. Trainees shall be paid fringe benefits in contract. Such disputes shall be resolved in accordance with accordance with the provisions of the trainee program. If the procedures of the Department of Labor set forth in 29 the trainee program does not mention fringe benefits, CFR parts 5, 6, and 7. Disputes within the meaning of this trainees shall be paid the full amount of fringe benefits clause include disputes between the contractor(or any of its listed on the wage determination unless the Administrator subcontractors) and the contracting agency, the U.S. of the Wage and Hour Division determines that there is an Department of Labor, or the employees or their apprenticeship program associated with the corresponding representatives. journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. (10) Certification of eligibility - (i) By entering into this Any employee listed on the payroll at a trainee rate who is contract, the contractor certifies that neither it (nor he or not registered and participating in a training plan approved she) nor any person or firm who has an interest in the by the Employment and Training Administration shall be contractor's firm is a person or firm ineligible to be awarded paid not less than the applicable wage rate on the wage Government contracts by virtue of section 3(a)of the Davis- determination for the classification of work actually Bacon Act or 29 CFR 5.12(a)(1). performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered (ii) No part of this contract shall be subcontracted to any program shall be paid not less than the applicable wage rate person or firm ineligible for award of a Government Rev 5/12/16 9 40' f ! / A Exhibit IA Federal Transit Administration Provisions CFDA 20.507 contract by virtue of section 3(a)of the Davis-Bacon Act or with the clauses set forth in paragraphs (1) through (4) of 29 CFR 5.12(a)(1). this section. (iii)The penalty for making false statements is prescribed in 18. 1 RESERVED 1 the U.S.Criminal Code, 18 U.S.C. 1001. 19. NO GOVERNMENT OBLIGATION TO THIRD 17. CONTRACT WORK HOURS AND SAFETY PARTIES STANDARDS ACT (1) The Purchaser and Contractor acknowledge and agree (1) Overtime requirements - No contractor or that, notwithstanding any concurrence by the Federal subcontractor contracting for any part of the contract work Government in or approval of the solicitation or award of which may require or involve the employment of laborers or the underlying contract, absent the express written consent mechanics shall require or permit any such laborer or by the Federal Government, the Federal Government is not mechanic in any workweek in which he or she is employed a party to this contract and shall not be subject to any on such work to work in excess of forty hours in such obligations or liabilities to the Purchaser,Contractor,or any workweek unless such laborer or mechanic receives other party (whether or not a party to that contract) compensation at a rate not less than one and one-half times pertaining to any matter resulting from the underlying the basic rate of pay for all hours worked in excess of forty contract. hours in such workweek. (2) The Contractor agrees to include the above clause in (2) Violation; liability for unpaid wages; liquidated each subcontract financed in whole or in part with Federal damages - In the event of any violation of the clause set assistance provided by FTA. It is further agreed that the forth in paragraph(1) of this section the contractor and any clause shall not be modified, except to identify the subcontractor responsible therefor shall be liable for the subcontractor who will be subject to its provisions. unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for 20. PROGRAM FRAUD AND FALSE OR liquidated damages. Such liquidated damages shall be FRAUDULENT STATEMENTS computed with respect to each individual laborer or AND RELATED ACTS mechanic, including watchmen and guards, employed in (Applies to subcontracts) violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which Program Fraud and False or Fraudulent Statements or such individual was required or permitted to work in excess Related Acts. of the standard workweek of forty hours without payment of (1)The Contractor acknowledges that the provisions of the the overtime wages required by the clause set forth in Program Fraud Civil Remedies Act of 1986,as amended,31 paragraph(1)of this section. U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its (3) Withholding for unpaid wages and liquidated actions pertaining to this Project. Upon execution of the damages - XCollier County shall upon its own action or underlying contract, the Contractor certifies or affirms the upon written request of an authorized representative of the truthfulness and accuracy of any statement it has made, it Department of Labor withhold or cause to be withheld, makes, it may make, or causes to be made,pertaining to the from any moneys payable on account of work performed by underlying contract or the FTA assisted project for which the contractor or subcontractor under any such contract or this contract work is being performed. In addition to other any other Federal contract with the same prime contractor, penalties that may be applicable, the Contractor further or any other federally-assisted contract subject to the acknowledges that if it makes,or causes to be made,a false, Contract Work Hours and Safety Standards Act, which is fictitious, or fraudulent claim, statement, submission, or held by the same prime contractor, such sums as may be certification, the Federal Government reserves the right to determined to be necessary to satisfy any liabilities of such impose the penalties of the Program Fraud Civil Remedies contractor or subcontractor for unpaid wages and liquidated Act of 1986 on the Contractor to the extent the Federal damages as provided in the clause set forth in paragraph(2) Government deems appropriate. of this section. (2) The Contractor also acknowledges that if it makes, or (4) Subcontracts - The contractor or subcontractor shall causes to be made, a false, fictitious, or fraudulent claim, insert in any subcontracts the clauses set forth in paragraphs statement, submission, or certification to the Federal (1)through(4)of this section and also a clause requiring the Government under a contract connected with a project that subcontractors to include these clauses in any lower tier is financed in whole or in part with Federal assistance subcontracts. The prime contractor shall be responsible for originally awarded by FTA under the authority of 49 U.S.C. compliance by any subcontractor or lower tier subcontractor § 5307, the Government reserves the right to impose the Rev 5/12/16 10 0 1 607 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) receipt by Contractor of written notice from (Recipient) on the Contractor, to the extent the Federal Government setting forth the nature of said breach or default,(Recipient) deems appropriate. shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for (3)The Contractor agrees to include the above two clauses default shall not in any way operate to preclude (Recipient) in each subcontract financed in whole or in part with from also pursuing all available remedies against Contractor Federal assistance provided by FTA. It is further agreed and its sureties for said breach or default. that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by 21. TERMINATION Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit a. Termination for Convenience (General Provision) (Recipient)'s remedies for any succeeding breach of that or The (Recipient) may terminate this contract, in whole or in of any other term,covenant,or condition of this Contract. part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall e. Termination for Convenience (Professional or be paid its costs, including contract close-out costs, and Transit Service Contracts) The (Recipient), by written profit on work performed up to the time of termination. notice, may terminate this contract, in whole or in part, The Contractor shall promptly submit its termination claim when it is in the Government's interest. If this contract is to (Recipient) to be paid the Contractor. If the Contractor terminated, the Recipient shall be liable only for payment has any property in its possession belonging to the under the payment provisions of this contract for services (Recipient), the Contractor will account for the same, and rendered before the effective date of termination. dispose of it in the manner the(Recipient)directs. f. Termination for Default (Supplies and Service) If the b. Termination for Default [Breach or Cause] (General Contractor fails to deliver supplies or to perform the Provision) If the Contractor does not deliver supplies in services within the time specified in this contract or any accordance with the contract delivery schedule, or, if the extension or if the Contractor fails to comply with any other contract is for services, the Contractor fails to perform in provisions of this contract, the (Recipient) may terminate the manner called for in the contract, or if the Contractor this contract for default. The(Recipient) shall terminate by fails to comply with any other provisions of the contract,the delivering to the Contractor a Notice of Termination (Recipient) may terminate this contract for default. specifying the nature of the default. The Contractor will Termination shall be effected by serving a notice of only be paid the contract price for supplies delivered and termination on the contractor setting forth the manner in accepted, or services performed in accordance with the which the Contractor is in default. The contractor will only manner or performance set forth in this contract. be paid the contract price for supplies delivered and accepted, or services performed in accordance with the If,after termination for failure to fulfill contract obligations, manner of performance set forth in the contract. it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if If it is later determined by the (Recipient) that the the termination had been issued for the convenience of the Contractor had an excusable reason for not performing, Recipient. such as a strike, fire,or flood,events which are not the fault of or are beyond the control of the Contractor, the g. Termination for Default(Transportation Services) If (Recipient), after setting up a new delivery of performance the Contractor fails to pick up the commodities or to schedule, may allow the Contractor to continue work, or perform the services, including delivery services,within the treat the termination as a termination for convenience. time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this c. Opportunity to Cure (General Provision) The contract, the (Recipient) may terminate this contract for (Recipient) in its sole discretion may, in the case of a default. The(Recipient)shall terminate by delivering to the termination for breach or default, allow the Contractor [an Contractor a Notice of Termination specifying the nature of appropriately short period of time] in which to cure the default. The Contractor will only be paid the contract price defect. In such case,the notice of termination will state the for services performed in accordance with the manner of time period in which cure is permitted and other appropriate performance set forth in this contract. conditions If this contract is terminated while the Contractor has If Contractor fails to remedy to(Recipient)'s satisfaction the possession of Recipient goods, the Contractor shall, upon breach or default of any of the terms, covenants, or direction of the (Recipient), protect and preserve the goods conditions of this Contract within [ten (10) days] after until surrendered to the Recipient or its agent. The Rev 5/12/16 11 A p ; � i S' Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Contractor and (Recipient) shall agree on payment for the i. Termination for Convenience or Default (Architect preservation and protection of goods. Failure to agree on an and Engineering) The (Recipient) may terminate this amount will be resolved under the Dispute clause. contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the If,after termination for failure to fulfill contract obligations, contract obligations. The (Recipient) shall terminate by it is determined that the Contractor was not in default, the delivering to the Contractor a Notice of Termination rights and obligations of the parties shall be the same as if specifying the nature, extent, and effective date of the the termination had been issued for the convenience of the termination. Upon receipt of the notice,the Contractor shall (Recipient). (1)immediately discontinue all services affected(unless the notice directs otherwise), and (2) deliver to the Contracting h. Termination for Default (Construction) If the Officer all data, drawings,specifications,reports, estimates, Contractor refuses or fails to prosecute the work or any summaries, and other information and materials separable part, with the diligence that will insure its accumulated in performing this contract,whether completed completion within the time specified in this contract or any or in process. extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions If the termination is for the convenience of the Recipient, of this contract, the (Recipient) may terminate this contract the Contracting Officer shall make an equitable adjustment for default. The(Recipient)shall terminate by delivering to in the contract price but shall allow no anticipated profit on the Contractor a Notice of Termination specifying the unperformed services. nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and If the termination is for failure of the Contractor to fulfill may take possession of and use any materials, appliances, the contract obligations, the Recipient may complete the and plant on the work site necessary for completing the work by contact or otherwise and the Contractor shall be work. The Contractor and its sureties shall be liable for any liable for any additional cost incurred by the Recipient. damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified If,after termination for failure to fulfill contract obligations, time, whether or not the Contractor's right to proceed with it is determined that the Contractor was not in default, the the work is terminated. This liability includes any increased rights and obligations of the parties shall be the same as if costs incurred by the Recipient in completing the work. the termination had been issued for the convenience of the Recipient. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause j. Termination for Convenience of Default (Cost-Type if- Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the 1. The delay in completing the work arises from Contractor.The notice shall state whether the termination is unforeseeable causes beyond the control and without the for convenience of the (Recipient) or for the default of the fault or negligence of the Contractor. Examples of such Contractor. If the termination is for default,the notice shall causes include: acts of God, acts of the Recipient, acts of state the manner in which the contractor has failed to another Contractor in the performance of a contract with the perform the requirements of the contract. The Contractor Recipient,epidemics, quarantine restrictions,strikes,freight shall account for any property in its possession paid for embargoes;and from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the 2. The contractor, within [10] days from the beginning of termination is for default, the(Recipient)may fix the fee, if any delay, notifies the (Recipient) in writing of the causes the contract provides for a fee, to be paid the contractor in of delay. If in the judgment of the (Recipient),the delay is proportion to the value, if any,of work performed up to the excusable, the time for completing the work shall be time of termination. The Contractor shall promptly submit extended. The judgment of the (Recipient) shall be final its termination claim to the(Recipient) and the parties shall and conclusive on the parties, but subject to appeal under negotiate the termination settlement to be paid the the Disputes clauses. Contractor. If,after termination of the Contractor's right to proceed, it is If the termination is for the convenience of the (Recipient), determined that the Contractor was not in default,or that the the Contractor shall be paid its contract close-out costs, and delay was excusable, the rights and obligations of the a fee, if the contract provided for payment of a fee, in parties will be the same as if the termination had been proportion to the work performed up to the time of issued for the convenience of the Recipient. termination. Rev 5/12/16 12 CO Exhibit IA Federal Transit Administration Provisions CFDA 20.507 If, after serving a notice of termination for default, the (1)Nondiscrimination - In accordance with Title VI of the (Recipient) determines that the Contractor has an excusable Civil Rights Act, as amended, 42 U.S.C. § 2000d, section reason for not performing, such as strike, fire, flood, events 303 of the Age Discrimination Act of 1975,as amended,42 which are not the fault of and are beyond the control of the U.S.C. § 6102, section 202 of the Americans with contractor, the (Recipient), after setting up a new work Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal schedule, may allow the Contractor to continue work, or transit law at 49 U.S.C. § 5332,the Contractor agrees that it treat the termination as a termination for convenience. will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, 22.GOVERNMENT-WIDE DEBARMENT AND sex, age, or disability. In addition,the Contractor agrees to SUSPENSION(NONPROCUREMENT) comply with applicable Federal implementing regulations (Applies to subcontracts) and other implementing requirements FTA may issue. This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to (2) Equal Employment Opportunity - The following equal verify that none of the contractor, its principals, as employment opportunity requirements apply to the defined at 49 CFR 29.995,or affiliates,as defined at 49 underlying contract: CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as The contractor is required to comply with 49 CFR 29, amended, 42 U.S.C. § 2000e,and Federal transit laws at 49 Subpart C and must include the requirement to comply U.S.C. § 5332, the Contractor agrees to comply with all with 49 CFR 29, Subpart C in any lower tier covered applicable equal employment opportunity requirements of transaction it enters into. U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal 23. PRIVACY ACT Employment Opportunity,Department of Labor," 41 C.F.R. 5 U.S.C.552 Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Contracts Involving Federal Privacy Act Requirements - Executive Order No. 11375, "Amending Executive Order The following requirements apply to the Contractor and its 11246 Relating to Equal Employment Opportunity," 42 employees that administer any system of records on behalf U.S.C. § 2000e note), and with any applicable Federal of the Federal Government under any contract: statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities (1) The Contractor agrees to comply with, and assures the undertaken in the course of the Project. The Contractor compliance of its employees with, the information agrees to take affirmative action to ensure that applicants restrictions and other applicable requirements of the Privacy are employed, and that employees are treated during Act of 1974, employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but 5 U.S.C. § 552a. Among other things, the Contractor not be limited to, the following: employment, upgrading, agrees to obtain the express consent of the Federal demotion or transfer,recruitment or recruitment advertising, Government before the Contractor or its employees operate layoff or termination; rates of pay or other forms of a system of records on behalf of the Federal Government. compensation; and selection for training, including The Contractor understands that the requirements of the apprenticeship. In addition, the Contractor agrees to Privacy Act, including the civil and criminal penalties for comply with any implementing requirements FTA may violation of that Act, apply to those individuals involved, issue. and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 (2)The Contractor also agrees to include these requirements U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, in each subcontract to administer any system of records on the Contractor agrees to refrain from discrimination against behalf of the Federal Government financed in whole or in present and prospective employees for reason of age. In part with Federal assistance provided by FTA. addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 24. CIVIL RIGHTS REQUIREMENTS (c) Disabilities - In accordance with section 102 of the (Applies to subcontracts) Americans with Disabilities Act, as amended, 42 U.S.C. § Civil Rights - The following requirements apply to the 12112, the Contractor agrees that it will comply with the underlying contract: requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Rev 5/12/16 13 (-9 r I ?x . y' Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Employment Provisions of the Americans with Disabilities breach thereunder, except as may be specifically agreed in Act," 29 C.F.R. Part 1630, pertaining to employment of writing. persons with disabilities. In addition,the Contractor agrees to comply with any implementing requirements FTA may 26. PATENT AND RIGHTS IN DATA issue. (Applies to subcontracts) (3)The Contractor also agrees to include these requirements A. Rights in Data -This following requirement applies to in each subcontract financed in whole or in part with each contract involving experimental, developmental or Federal assistance provided by FTA, modified only if research work: necessary to identify the affected parties. (1) The term "subject data" used in this clause means 25. BREACHES AND DISPUTE RESOLUTION recorded information, whether or not copyrighted, that is (Applies to subcontracts) delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media Disputes - Disputes arising in the performance of this such as drawings or photographs; text in specifications or Contract which are not resolved by agreement of the parties related performance or design-type documents; machine shall be decided in writing by the authorized representative forms such as punched cards, magnetic tape, or computer of(Recipient)'s [title of employee]. This decision shall be memory printouts; and information retained in computer final and conclusive unless within [ten (10)] days from the memory.Examples include,but are not limited to:computer date of receipt of its copy,the Contractor mails or otherwise software, engineering drawings and associated lists, furnishes a written appeal to the [title of employee]. In specifications, standards, process sheets, manuals,technical connection with any such appeal, the Contractor shall be reports, catalog item identifications, and related afforded an opportunity to be heard and to offer evidence in information. The term "subject data" does not include support of its position. The decision of the [title of financial reports, cost analyses, and similar information employee] shall be binding upon the Contractor and the incidental to contract administration. Contractor shall abide be the decision. (2)The following restrictions apply to all subject data first Performance During Dispute - Unless otherwise directed produced in the performance of the contract to which this by(Recipient),Contractor shall continue performance under Attachment has been added: this Contract while matters in dispute are being resolved. (a) Except for its own internal use, the Purchaser or Claims for Damages - Should either party to the Contract Contractor may not publish or reproduce subject data in suffer injury or damage to person or property because of whole or in part, or in any manner or form, nor may the any act or omission of the party or of any of his employees, Purchaser or Contractor authorize others to do so, without agents or others for whose acts he is legally liable, a claim the written consent of the Federal Government, until such for damages therefor shall be made in writing to such other time as the Federal Government may have either released or party within a reasonable time after the first observance of approved the release of such data to the public; this such injury of damage. restriction on publication, however, does not apply to any contract with an academic institution. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § question between the(Recipient)and the Contractor arising 19.36,the Federal Government reserves a royalty-free,non- out of or relating to this agreement or its breach will be exclusive and irrevocable license to reproduce, publish, or decided by arbitration if the parties mutually agree, or in a otherwise use, and to authorize others to use, for "Federal court of competent jurisdiction within the State in which the Government purposes," any subject data or copyright (Recipient)is located. described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Rights and Remedies-The duties and obligations imposed Government purposes," means use only for the direct by the Contract Documents and the rights and remedies purposes of the Federal Government. Without the copyright available thereunder shall be in addition to and not a owner's consent, the Federal Government may not extend limitation of any duties, obligations, rights and remedies its Federal license to any other party. otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall 1. Any subject data developed under that contract, whether constitute a waiver of any right or duty afforded any of or not a copyright has been obtained;and them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any Rev 5/12/16 14 , t' jR }* I , } w.,,, Lo 4 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part (g)Unless FTA determines otherwise,the Contractor agrees provided by FTA. to include these requirements in each subcontract for (c) When FTA awards Federal assistance for experimental, experimental, developmental, or research work financed in developmental, or research work, it is FTA's general whole or in part with Federal assistance provided by FTA. intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from (3) Unless the Federal Government later makes a contrary the work to participants in that work. Therefore, unless determination in writing, irrespective of the Contractor's FTA determines otherwise, the Purchaser and the status (i.e., a large business, small business, state Contractor performing experimental, developmental, or government or state instrumentality, local government, research work required by the underlying contract to which nonprofit organization, institution of higher education, this Attachment is added agrees to permit FTA to make individual, etc.), the Purchaser and the Contractor agree to available to the public, either FTA's license in the copyright take the necessary actions to provide, through FTA, those to any subject data developed in the course of that contract, rights in that invention due the Federal Government as or a copy of the subject data first produced under the described in contract for which a copyright has not been obtained. If the experimental,developmental,or research work,which is the U.S. Department of Commerce regulations, "Rights to subject of the underlying contract, is not completed for any Inventions Made by Nonprofit Organizations and Small reason whatsoever, all data developed under that contract Business Firms Under Government Grants, Contracts and shall become subject data as defined in subsection (a) of Cooperative Agreements," 37 C.F.R. Part 401. this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, (4)The Contractor also agrees to include these requirements does not apply to adaptations of automatic data processing in each subcontract for experimental, developmental, or equipment or programs for the Purchaser or Contractor's use research work financed in whole or in part with Federal whose costs are financed in whole or in part with Federal assistance provided by FTA. assistance provided by FTA for transportation capital projects. B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or (d) Unless prohibited by state law, upon request by the research work: Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal (1)General -If any invention, improvement, or discovery is Government, its officers, agents, and employees acting conceived or first actually reduced to practice in the course within the scope of their official duties against any liability, of or under the contract to which this Attachment has been including costs and expenses, resulting from any willful or added, and that invention, improvement, or discovery is intentional violation by the Purchaser or Contractor of patentable under the laws of the United States of America proprietary rights, copyrights, or right of privacy, arising or any foreign country, the Purchaser and Contractor agree out of the publication, translation, reproduction, delivery, to take actions necessary to provide immediate notice and a use,or disposition of any data furnished under that contract. detailed report to the party at a higher tier until FTA is Neither the Purchaser nor the Contractor shall be required to ultimately notified. indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or (2) Unless the Federal Government later makes a contrary agents of the Federal Government. determination in writing, irrespective of the Contractor's status(a large business,small business, state government or (e) Nothing contained in this clause on rights in data shall state instrumentality, local government, nonprofit imply a license to the Federal Government under any patent organization,institution of higher education,individual),the or be construed as affecting the scope of any license or Purchaser and the Contractor agree to take the necessary other right otherwise granted to the Federal Government actions to provide, through FTA, those rights in that under any patent. invention due the Federal Government as described in U.S. Department of Commerce regulations,"Rights to Inventions (f) Data developed by the Purchaser or Contractor and Made by Nonprofit Organizations and Small Business financed entirely without using Federal assistance provided Firms Under Government Grants, Contracts and by the Federal Government that has been incorporated into Cooperative Agreements," 37 C.F.R.Part 401. work required by the underlying contract to which this Attachment has been added is exempt from the (3) The Contractor also agrees to include the requirements requirements of subsections (b), (c), and (d) of this clause, of this clause in each subcontract for experimental, provided that the Purchaser or Contractor identifies that developmental, or research work financed in whole or in data in writing at the time of delivery of the contract work. part with Federal assistance provided by FTA. Rev 5/12/16 15 0 F d" Exhibit IA Federal Transit Administration Provisions CFDA 20.507 the contract involves transit operations financed in whole or TRANSIT EMPLOYEE PROTECTIVE in part with Federal assistance authorized by 49 U.S.C. § AGREEMENTS 5311, the Contractor agrees to comply with the terms and (Applies to subcontracts) conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transit Employee Protective Provisions. (1) The Transportation and Labor, dated May 31, 1979, and the Contractor agrees to the comply with applicable transit procedures implemented by U.S. DOL or any revision employee protective requirements as follows: thereto. (a)General Transit Employee Protective Requirements-To (2)The Contractor also agrees to include the any applicable the extent that FTA determines that transit operations are requirements in each subcontract involving transit involved, the Contractor agrees to carry out the transit operations financed in whole or in part with Federal operations work on the underlying contract in compliance assistance provided by FTA. with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of 28. DISADVANTAGED BUSINESS ENTERPRISE employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), Background and Applicability and U.S. DOL guidelines at 29 C.F.R. Part 215, and any The newest version on the Department of Transportation's amendments thereto. These terms and conditions are Disadvantaged Business Enterprise (DBE) program became identified in the letter of certification from the U.S. DOL to effective July 16, 2003. The rule provides guidance to FTA applicable to the FTA Recipient's project from which grantees on the use of overall and contract goals, Federal assistance is provided to support work on the requirement to include DBE provisions in subcontracts, underlying contract. The Contractor agrees to carry out that evaluating DBE participation where specific contract goals work in compliance with the conditions stated in that U.S. have been set, reporting requirements, and replacement of DOL letter. The requirements of this subsection (1), DBE subcontractors. Additionally, the DBE program however,do not apply to any contract financed with Federal dictates payment terms and conditions (including assistance provided by FTA either for projects for elderly limitations on retainage) applicable to all subcontractors individuals and individuals with disabilities authorized by regardless of whether they are DBE firms or not. 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions The DBE program applies to all DOT-assisted for those projects are set forth in subsections (b) and (c) of contracting activities. A formal clause such as that below this clause. must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down (b) Transit Employee Protective Requirements for Projects to subcontracts. Authorized by 49 U.S.C. 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the A substantial change to the payment provisions in this contract involves transit operations financed in whole or in newest version of Part 26 concerns retainage (see section part with Federal assistance authorized by 49 U.S.C. § 26.29). Grantee choices concerning retainage should be 5310(a)(2), and if the U.S. Secretary of Transportation has reflected in the language choices in clause subsection d. determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are Disadvantaged Business Enterprises necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying a. This contract is subject to the requirements of Title contract, the Contractor agrees to carry out the Project in 49, 49 Code of Federal Regulations, Part 26, compliance with the terms and conditions determined by the Participation by Disadvantaged Enterprises in U.S. Secretary of Labor to meet the requirements of 49 Department of Transportation Financial Assistance U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part Programs. Collier Area Transit's goal for DBE 215, and any amendments thereto. These terms and participation is 2.58%. conditions are identified in the U.S. DOL's letter of b. A separate contract goal has not been established certification to FTA, the date of which is set forth Grant for this procurement. Agreement or Cooperative Agreement with the state. The c. The contractor shall not discriminate on the basis Contractor agrees to perform transit operations in of race, color, national origin, or sex in the connection with the underlying contract in compliance with performance of this contract. The contractor shall the conditions stated in that U.S.DOL letter. carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT- (c) Transit Employee Protective Requirements for Projects assisted contract. Failure by the contractor to carry Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas-If out these requirements is a material breach of this Rev 5/12/16 16 £ f Exhibit IA Federal Transit Administration Provisions CFDA 20.507 contract, which may result in the termination of Standard Terms and Conditions required by DOT, whether this contract or such other remedy as Collier or not expressly set forth in the preceding contract County deems appropriate. Each subcontract the provisions. All contractual provisions required by DOT, as contractor signs with a subcontractor must include set forth in FTA Circular 4220.1F, are hereby incorporated the assurance in this paragraph (see 49 CFR by reference. Anything to the contrary herein 26.13(b)). notwithstanding, all FTA mandated terms shall be deemed d. The successful bidder/offeror will be required to to control in the event of a conflict with other provisions report its DBE participation obtained through race- contained in this Agreement. The Contractor shall not neutral means throughout the period of perform any act,fail to perform any act, or refuse to comply performance. In order to comply with the with any (name of grantee) requests which would cause provisions of 49 CFR 26,the bidder/offeror agrees (name of grantee) to be in violation of the FTA terms and to the following: conditions. • Bid Opportunity List - shall submit with all 31. DRUG AND ALCOHOL TESTING Requests for Proposals and Invitations For Bid. Introduction • Anticipated DBE Participation Statement— FTA's drug and alcohol rules,49 CFR 655,respectively,are shall submit with all Requests for Proposals unique among the regulations issued by FTA. First, they and Invitations For Bid. require recipients to ensure that any entity performing a • DBE Directory —the bidder/offeror may use safety-sensitive function on the recipient's behalf (usually the online DBE directory, BizNet, subrecipients and/or contractors)implement a complex drug www.bipincwebapps.com/biznetflorida/ to and alcohol testing program that complies with Part 655. locate ready, willing, and able DBE's to Second, the rules condition the receipt of certain kinds of perform sub-contractor work or sub-consultant FTA funding on the recipient's compliance with the rules; work on USDOT assisted contracts. thus,the recipient is not in compliance with the rules unless • Subcontractor Payment Report — shall every entity that performs a safety-sensitive function on the submit monthly to comply with monitoring recipient's behalf is in compliance with the rules. Third,the requirements of 49 CFR 26. rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. e. The contractor is required to pay its subcontractors performing work related to this contract for Explanation of Model Contract Clauses: satisfactory performance of that work no later than Collier County relies on the contractor to implement a drug 30 days after the contractor's receipt of payment and alcohol testing program that complies with 49 CFR for that work from Collier County. In addition,the 655,but retains the ability to monitor the contractor's testing contractor is required to return any retainage program; thus, the recipient has less control over its payments to those subcontractors within thirty(30) compliance with the drug and alcohol testing rules than it days after the subcontractor's work related to this does under option 1. The advantage of this approach is that contract is satisfactorily completed. it places the responsibility for complying with the rules on f. The contractor must promptly notify Collier the entity that is actually performing the safety-sensitive County, whenever a DBE subcontractor function. Moreover,it reserves to the recipient the power to performing work related to this contract is ensure that the contractor complies with the program. The terminated or fails to complete its work, and must disadvantage of Option 2 is that without adequate make good faith efforts to engage another DBE monitoring of the contractor's program, the recipient may subcontractor to perform at least the same amount find itself out of compliance with the rules. of work. The contractor may not terminate any DBE subcontractor and perform that work through Drug and Alcohol Testing its own forces or those of an affiliate without prior The contractor agrees to establish and implement a drug and written consent of Collier County. alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its 29. 1 RESERVED 1 compliance with Part 655, and permit any authorized representative of the United States Department of 30. INCORPORATION OF FEDERAL TRANSIT Transportation or its operating administrations, the State ADMINISTRATION(FTA)TERMS Oversight Agency of(name of State),or the(insert name of (Applies to subcontracts) grantee),to inspect the facilities and records associated with the implementation of the drug and alcohol testing program Incorporation of Federal Transit Administration (FTA) as required under 49 CFR Parts 655 and review the testing Terms - The preceding provisions include, in part, certain process. The contractor agrees further to certify annually its Rev 5/12/16 17 (.0 t�S K } •fthll �.lit k, Exhibit IA Federal Transit Administration Provisions CFDA 20.507 compliance with Part 655 before(insert date) and to submit These goals are applicable to all of the contractor's the Management Information System (MIS) reports before construction work(whether or not it is Federal or federally- (insert date before March 15) to (insert title and address of assisted)performed in the covered area. person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Goals for minority participation for each trade: 17.1% Certifications" in the "Annual List of Certifications and Goals for female participation in each trade: 6.9% Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 32. ADA Access Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d),which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities,and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 33. ITS Standards Section 5206(e) of the Transportation Equity Act for the 21st Century,Public Law 105-178, 112 Stat.547,pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation(US DOT). 34. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note. Rev 5/12/16 18 p 4 COLLIER COUNTY Federal Transit Administration (FTA) Buy America Certification Buses, Other Rolling Stock, Associated Equipment and Components A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of buses, other rolling stock, associated equipment and components. Certificate of Compliance with 49 U.S.C. 5323(I)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(1)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 53230)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title i6C * 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: a. contract a. bid/offer/application 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: CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11Information requested through this form is authorized by title 31 U.S.C.section . rm 1352. This disclosure of lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above when this transaction was made 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 required 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.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) 1 6 n ?c, 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 employee of 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.Complete all 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. A COLLIER COUNTY Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official Date 02/15 R3 Gly sy 1 6 o COLLIER COUNTY Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Name of Authorized Official Title Sgnature of Vendor/Contractor's Authorized Official Date 02/15 R3 cam. , 2n. \Ai 14.11 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. } IT yFE#x� ', a � PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN Y N IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER K y ea M a e . '`r " 01 , � .A a a DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS TOTALS: •z" gIMESEtyatt31Q ; braii 0h a , , . 00000044 0 -,u 00,0040044000. 44. „ a ,.. NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER 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 SM Asian-Pacific American ;APA Non-Minority Women NMW Other:not of anyother group=listed 0 z 410�1� ... - ...":- I :.. .a . . ., a ••:.� �:°d,..Y,,..s ..._. .. s, �, DEPARTMENT NAME COLLIER CONTRACT a(IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE Est.2010 v.2 '.d at U 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: E 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: 1607 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: COLLIER COUNTY Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation/Contract# 02/15 R3 0 n .,. 6 ,I. .,, „„ 4' COLLIER COUNTY Vendor Submittal Conflict of Interest Certification Collier County Solicitation No. I, , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a dose relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 0 � II COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about—(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). Certifying Official Name Title Signature Date 16 (17 EXHIBIT J:TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.netlbid/ ITB 16-6683 Bus Stop Improvements 73 Construction Services Agreement for Grant Funded Projects:061302016 'Cm 1607 EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ S ITB 16-6683 Bus Stop Improvements 74 Construction Services Agreement for Grant Funded Projects:061302016 1607 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.netlbid/ ITB 16-6683 Bus Stop Improvements 75 Construction Services Agreement for Grant Funded Projects:061302016 I 6 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ The proposed Project shall consist of the construction of 51 bus stop site modifications to achieve ADA Compliance. Bus stop sites are in the Collier Area Transit(CAT) route and will include the installation of the CAT bus logo design painted on the curb at each bus stop construction site. The project shall include but not be limited to the following items: Concrete replacement to achieve ADA required slopes; Installation of raised bus stop Boarding&Alighting(B&A)Areas for a rural section; Thermoplastic removal for bus bay tapers;Guardrail reset; curb painting of CAT bus logo; relocate bus stop signs; reset bus shelter and amenities. This is a lump sum project. Each site will be bid as lump sum per site. Sites may be removed from bid on an as needed basis. ITB 16-6683 Bus Stop Improvements 76 Construction Services Agreement for Grant Funded Projects:061302016 16fl7 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Nestor Vale, P.E. Construction Superintendent Jose Cruz Project Manager ITB 16-6683 Bus Stop Improvements 77 Construction Services Agreement for Grant Funded Projects:061302016 p,A. IL ? CERTIFICATE OF INSURANCE Insured THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JAFER CONSTRUCTION SE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS "SEE EXTENDED NAMED INSURED" CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 193007 SAN JUAN,P.R.00919-3007 COMPANIES AFFORDING COVERAGE Certificate Holder Company Name Collier County Board of County Commissioners,or Board of MAPFRE PRAICO INSURANCE CO. County Commissioners in Collier County or Collier County Producer/Authorized Representative Government,or Collier County 45890 TEAM INSURANCE SERVICES,INC. 3327 Tamiami Trial E Naples FL 34112 Coverages THIS IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POUCIES.UNITS AND/OR AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Policy Number CBP-8875508 Property Information Location/Description Effective Date 09/12/2016 Expiration Date 09/12/2017 Property Coverage Information Causes Of Loss Amount Of Insurance Deductible _ Building Coverage $ $ Personal Property $ $ _ Other Coverage $ $ Other "ADDITIONAL INSURED AS PER FORM CG2026(04-13)" Re:Bus Stop Improvements Bid No.16-6683 General Liability Limits Of Liability X General Aggregate Limit $ 2,000,000 X Personal and Advertising Injury Limit $ 1,000,000 X Each Occurrence Limit $ 1,000,000 X Damage to Premises Rented To You (Any One Premises) $ 100,000 X Medical Expense Limit $ 5,000 X Products–Comp/OP Agg. (Any One Person) $ 1,000,000 Automobile Coverages Limits Of Liability - Schedule Autos Combined Single Limit $ 1,000,000 _ Any Auto Liability Bodily Injury(Per Person) $ X Hired Automobile Liability Bodily Injury(Per Accident) $ Non Owned Auto Liability Property Damage $ - Garage Keepers Legal Liability Deductible Limit Of Insurance - Comprehensive Form $ $ - Specified Perils $ $ — Collision Coverage $ $ Other AUTO POUCY NUMBER:1225158005403 Excess/Umbrella Liability Limits Of Liability Occurrence Excess Policy Each Occurrence $ Aggregate $ EMPLOYERS'S LIABILITY"STOP"GAP COVERAGE $ 1,000,000 Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease Each Employee Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL TO THE CERTIFICATE HOLDER WRITTEN NOTICE OF CANCELLATION AT LEAST 10 DAYS BEFORE THE EFFECTIVE DATE IF WE CANCEL FOR NON-PAYMENT OF PREMIUM;OR 30 DAYS BEFORE THE EFFECTIVE DATE OF CANCELLATION IF WE CANCEL FOR ANY OTHER REASON.PROOF OF MAILING WILL BE SUFFICIENT PROOF OF NOTICE. MAPFRE PRAICO INSURANCE COMPANY FILE:3300237651 DATE:02/16/2017 INITIALS:jIs 4111/111..- COUNTERSIGNATURE COUNTERSIGNATURE MANAGER Page 1 of 2 Portion of the material herein incorporate licensed copyrighted or other proprietary material of ACORD Corporation. 6_,, ® �I �r' IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page 2 of 2 Portion of the material herein incorporate licensed copyrighted or other proprietary material of ACORD Corporation. CERTIFICATE OF INSURANCE §" Insured I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND IX 60- IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page 2 of 2 Portion of the material herein incorporate licensed copyrighted or other proprietary material of ACORD Corporation.